Section Twelve of The Canadian Charter of Rights and Freedoms - Execution

Execution

In the 2001 extradition case United States v. Burns, the Supreme Court declined to decide whether capital punishment would classify in Canadian law as a cruel and unusual punishment and therefore a direct violation of section 12. They did, however, state that execution certainly "engages the underlying values of the prohibition against cruel and unusual punishment," noting its impossibility to correct (in cases of wrongful conviction) and its perceived "arbitrary" nature, as well as the scepticisms that it really would decrease crime rates. The Court also took into consideration that Parliament had already abolished the death penalty within Canada itself.

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