Cruel and Unusual

Cruel and Unusual presents an overview of and critical discussion surrounding the judicial interpretation of section 12 of the Canadian Charter of Rights and Freedoms.

This book explains the various components of section 12 of the Charter including the judicial development and application of the terms "punishment," "treatment," and "cruel and unusual." It provides a rigorous discussion of the remedies available upon proving that the state imposed "cruel and unusual" consequences, as well as whether any law mandating such a draconian-sounding consequence may be justified under section 1 of the Charter. Law professor Colton Fehr also puts forward various reform recommendations and criticisms of current doctrine. He contends that the judicial development of section 12 and its methodology for proving an infringement provide a principled framework upon which to consider a variety of issues that are sure to come before the courts including the consideration of the constitutionality of various minimum sentences and other methods of treatment used in Canadian prisons.

Written in a concise and accessible manner, Cruel and Unusual is tailored to both law students seeking to develop an understanding of this complex area of law and jurists seeking to apply and develop this important constitutional right.