Canadian Charter Of Rights And Freedom: Case Study

Section 12 of the Canadian Charter of Rights and Freedom states that no individual within the country of Canada will be subjected to cruel and unusual punishment. This law encompasses things such as prison sentences, executions and torture. One of the arguments used in the defense of Daniel Peltier’s case is that his verdict could possibly be considered cruel and unusual punishment. However, Mr. Peltier has admitted to supply underage youth with alcohol and medically prescribed drugs - which was originally meant for his mother - for money. As a result of this infringement, one of the youths that had consumed the drug had an inauspicious medical crisis and had to immediately be hospitalized. Fortunately, the youth recuperated. This all could’ve all been avoided had Daniel Peltier had not sold drugs to underage kids. He is capable of making sane and mature decisions as he is mentally stable and

18 years old.

In addition, he pled guilty to his acts of crime. Therefore, his sentence is more than fair. He will not face execution or torture. He will serve a justified prison sentence for hospitalizing a young boy and supplying underage persons with drugs and alcohol.

An additional piece of defense for the Applicant is the question: “ is the violation justified by Section 1 of the Charter. The answer is no. Section 1 of the Canadian Charter of Rights and Freedom states, “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” This includes legal and equality rights. The applicant had absolutely none of his rights violated. He was a given a fair trial and substantial evidence was collected to warrant his arrest. Peltier offered the information leading to the arrest and sentence by his own will

and and with a stable mind. The police did not invade the client’s privacy nor did they perform any type of search and seizure not backed by proper search warrants and were completely under the umbrella of the law. Moreover, the client did not face any discrimination to him based on his race,ethnic origin,gender,etc. Daniel Peltier committed a crime, that he himself admitted to, and should face the proper punishment. Had he not been a indigenous he would still have faced the same consequences. There is no suggestion or evidence to say that the case was biased by racial or gender stereotypes. Finally, the CDSA ( Canadian Drugs and Substances Act) has nothing within it that would contravene with Section 1. The consequences of possessing and dealing drugs and substances are laid out clearly within the act. And the consequences for these actions are justified. They are not cruel and unusual punishment as the maximum sentence is imprisonment. CDSA also does not violate equality rights - as it pertains to everyone and has no discriminatory factors - nor does it violate fundamental rights/legal rights as the person in question was allowed to defend themselves in court or employ a lawyer.

Finally, Section 15 of the Charter states that every individual will not be viewed as inferior when faced with the law, in spite of race, national or ethnic origin, colour, religion, age or sex. They are also entitled to protection of the law and cannot be deprived of it on a basis of the factors listed above. Nonetheless, Mr. Peltier cannot seek the protection of this law as the events of his arrest did not violate these terms. As said before, Daniel Peltier was given a fair trial. It would be incredibly strenuous for the judge and jury (and the other members of court) to be biased in anyway. The facts of the case are clear. Had Mr. Peltier been of a different ethnic origin, colour, religion,sex,etc. he still would’ve had to face the same consequences. Unfortunately, Aboriginal peoples of Canada do face racial stereotypes in situations involving drugs and alcohol. However, that does not pertain to this case as the client himself pled guilty. Furthermore, Daniel Peltier pled guilty with a sane mind.