Torture
Torture is inherently cruel and unusual under section 12. As the Supreme Court wrote in Suresh v. Canada (Minister of Citizenship and Immigration) (2002), torture is "so inherently repugnant that it could never be an appropriate punishment, however egregious the offence." The Court noted that the "prospect of torture induces fear and its consequences may be devastating, irreversible, indeed, fatal." This view of torture goes back to R. v. Smith, in which Justice Lamer said that "some punishments or treatments will always be grossly disproportionate and will always outrage our standards of decency: for example, the infliction of corporal punishment."
In addition to violating section 12, in Suresh it was found that torture violates rights to liberty and security of person under section 7, and shocks the conscience. Therefore, Canada may not extradite people to countries where they may face torture.
Read more about this topic: Section Twelve Of The Canadian Charter Of Rights And Freedoms
Famous quotes containing the word torture:
“It is cruelty to children to keep five-year-olds sitting still, gazing into vacancy even for one hour at a time. We have little idea of the torture we thus inflict.”
—Ellen Henrietta Swallow Richards (1842–1911)
“When a man of genius is denied of his great love, he goes mad. His brain, instead of being clear to do his work, is tortured, so he begins to think of torture. Torture for those who have tortured him.”
—David Boehm, and Louis Friedlander. Dr. Richard Vollin (Bela Lugosi)
“I assess the power of a will by how much resistance, pain, torture it endures and knows how to turn to its advantage.”
—Friedrich Nietzsche (1844–1900)