Canadian Charter Of Rights And Freedom: Case Study

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Recommended: Death penalty as a cruel and unusual punishment

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 …show more content…

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

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