Add to ORKGThe development of section 12 jurisprudence began in 1987 with R. v. Smith. Since that time, any potential refinement of the “cruel and unusual” standard has been distracted by two methodological debates: The scope of “reasonable hypotheticals” and the role of constitutional exemptions. As a result, the jurisprudence has not moved beyond “gross disproportionality” and “outraging standards of decency”. In the process, any room for arbitrariness as a factor has evaporated. A few recent mandatory minimum sentence decisions have breathed some life into section 12 for sentencing purposes. Perhaps more importantly, the concept of arbitrariness has been embedded in section 7 whenever the right to life, liberty or security of the person is in jeopa...
In Canada, recent decisions have reaffirmed the almost unfettered discretionary power of prosecutors...
This paper responds to a rejoinder to our 2012 article in which we challenged the constitutionality ...
The Supreme Court of Canada recently held that prosecutors are not constitutionally obligated to con...
The development of section 12 jurisprudence began in 1987 with R. v. Smith. Since that time, any pot...
The story of section 12 of the Charter of Rights and Freedoms, which protects against cruel and unus...
The adjudication of the constitutionality of mandatory minimum sentences by the Supreme Court of Can...
The jurisprudence of the Supreme Court of Canada on the constitutionality of mandatory minimum sente...
Since the early days of the Charter, uncertainty prevailed about constitutional exemptions as a reme...
This paper attempts to assess the impact that the Canadian Charter of Rights and Freedoms has had, a...
This paper attempts to assess the impact that the Canadian Charter of Rights and Freedoms has had, a...
This paper examines the rise to prominence of proportionality analysis in section 7 of the Canadian ...
As a priori political judgments about what is a just punishment in all circumstances, minimum senten...
Over the last several decades, Parliament has steadily increased the use of mandatory minimum senten...
The text of section 12 of the Canadian Charter of Rights and Freedoms and the Eighth Amendment to th...
The Safe Streets and Communities Act, like many other parts of the government’s crime agenda, relies...
In Canada, recent decisions have reaffirmed the almost unfettered discretionary power of prosecutors...
This paper responds to a rejoinder to our 2012 article in which we challenged the constitutionality ...
The Supreme Court of Canada recently held that prosecutors are not constitutionally obligated to con...
The development of section 12 jurisprudence began in 1987 with R. v. Smith. Since that time, any pot...
The story of section 12 of the Charter of Rights and Freedoms, which protects against cruel and unus...
The adjudication of the constitutionality of mandatory minimum sentences by the Supreme Court of Can...
The jurisprudence of the Supreme Court of Canada on the constitutionality of mandatory minimum sente...
Since the early days of the Charter, uncertainty prevailed about constitutional exemptions as a reme...
This paper attempts to assess the impact that the Canadian Charter of Rights and Freedoms has had, a...
This paper attempts to assess the impact that the Canadian Charter of Rights and Freedoms has had, a...
This paper examines the rise to prominence of proportionality analysis in section 7 of the Canadian ...
As a priori political judgments about what is a just punishment in all circumstances, minimum senten...
Over the last several decades, Parliament has steadily increased the use of mandatory minimum senten...
The text of section 12 of the Canadian Charter of Rights and Freedoms and the Eighth Amendment to th...
The Safe Streets and Communities Act, like many other parts of the government’s crime agenda, relies...
In Canada, recent decisions have reaffirmed the almost unfettered discretionary power of prosecutors...
This paper responds to a rejoinder to our 2012 article in which we challenged the constitutionality ...
The Supreme Court of Canada recently held that prosecutors are not constitutionally obligated to con...