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
• Corporate Author: Ontario Solictor General
• Sale Source: National Institute of Justice/
• Language: French; English
• Country: Canada
• Note: THIS REPORT IS AN UPDATED VERSION OF MATERIAL PREPARED IN MAY, 1975 UNDER THE FULLER TITLE 'REPORT TO THE INTER-PARLIAMENTARY UNION ON MEASURES TAKEN IN CANADA IN IMPLEMENTATION OF IMPROVEMENT TO EXISTING LEGISLATION, PARTICULARLY BY ESTABLISHING MONITORING MACHINERY INDEPENDENT OF THE EXECUTIVE, INVITED TO INTERVENE WHEN ATTACKS ON HUMAN DIGNITY ARE REPORTED'. IT ALSO UPDATES AND SLIGHTLY MODIFIES THE CONTENT OF AN EARLIER EDITION, DATED MARCH, 1976

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.