U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

MEASURES TAKEN IN CANADA TO IMPLEMENT OR IMPROVE UPON EXISTING LEGISLATION TO INTERVENE WHEN ATTACKS ON HUMAN DIGNITY ARE REPORTED

NCJ Number
45300
Author(s)
ANON
Date Published
1976
Length
95 pages
Annotation
INFORMATION IS PROVIDED ON LEGISLATIVE, ADMINISTRATIVE, AND JUDICIAL MONITORING MEASURES SAFEGUARDING PERSONS IN CANADA FROM TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENT OR PUNISHMENT.
Abstract
PROVISIONS OF FEDERAL AND PROVINCIAL LEGISLATION REGARDING HUMAN RIGHTS, PARTICULARLY THE CANADIAN BILL OF RIGHTS AND SEVERAL PROVINCES' HUMAN RIGHTS CODES ARE SUMMARIZED. SAFEGUARDS BUILT INTO THE CANADIAN CRIMINAL CODE AGAINST CRUEL AND UNUSUAL PUNISHMENT, ARBITRARY DETENTION, AND OTHER ABUSES ARE ANALYZED. LEGAL MECHANISMS FOR OBTAINING RELIEF FROM ANY ILLEGAL OR IRREGULAR PROCESS ARE ALSO OUTLINED. THE QUESTION OF WHETHER CAPITAL PUNISHMENT CONSTITUTES CRUEL AND UNSUAL PUNISHMENT, STILL A MATTER OF HEATED DEBATE IN CANADA, IS BRIEFLY DISCUSSED, AND A PENDING CASE WHICH WILL DECIDE THE ISSUE IS DESCRIBED. SAFEGUARDS OF PRISONERS' RIGHTS WITHIN CORRECTIONAL INSTITUTIONS THROUGH LAWS, POLICIES, AND INSPECTIONS BY VARIOUS COURT AND CITIZEN GROUPS ARE EXAMINED, AS WELL AS EFFORTS AT PROTECTING EX-OFFENDERS FROM DISCRIMINATION AFTER THEIR RELEASE. THE SELECTION AND TRAINING OF CRIMINAL JUSTICE PERSONNEL -- POLICE OFFICERS, JUDGES, AND PRISON OFFICIALS -- IS EVALUATED, AND THE PROTECTION INHERENT IN A PARTICIPATORY DEMOCRACY IS DISCUSSED. REFERENCE NOTES ARE PROVIDED.