What is the current state of the law on cruel and unusual punishment?

Alberta, Canada


The following excerpt is from Munoz v. Alberta (Edmonton Remand Centre), 2004 ABQB 769 (CanLII):

The Applicants referred to a number of cases from the United States, set out in tabs 6 through 10 of their authorities. These were looking at whether lack of exercise opportunities were a breach of the eighth amendment. Interestingly, those cases, noticeably Mitchell v. Nathan Rice 954 F. 2d 187, discussed that cruel and unusual punishment does not draw its meaning simply from the type of punishment or deprivation. Rather, it is often intimately concerned with the time covered by the punishment and the reasonable limits of prison supervision.

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