Case Name:
Bedford vs. R Case Name: Lohan vs. R
Charter Section:
Section 7; “Eeveryone has the right to life, liberty and security of person.” Charter Section to be used: Section 7: Everyone has the right to life, liberty, and security of a person
Section 12: Everyone has the right now to be subjected to any cruel or unusual punishment
Search:
Go to Google, search for Section Seven, Charter of Rights and Freedoms Search for The Section Using Google/Wikipedia
Read:
Read the summary of the section; write down/ identify precedent cases that are mentioned Read Summary/Print Relevant Paragraphs
Relevant Paragraphs:
In the 2001 extradition case United States v. Burns,[6] the Supreme Court declined to decide …show more content…
The Queen (1977). Cruel and unusual punishment was thus defined as punishment "so excessive as to outrage standards of decency" or "grossly disproportionate to what would have been appropriate." Justice Lamer, writing for the Court in R. v. Smith, went on to provide some guides as to how to measure proportionality, listing as special considerations the seriousness of the crime committed by the individual, the "personal characteristics" of the individual, and the various types of punishments available that could effectively "punish, rehabilitate or deter this particular offender or to protect the public from this particular …show more content…
Burns case, the supreme court stated that execution "engages the underlying values of the prohibition against cruel and unusual punishment”, and there are also possibilities of wrongful convictions.
In the Miller and Cockriell v. The Queen case, cruel and unusual punishment was defined as "so excessive as to outrage standards of decency" or "grossly disproportionate to what would have been appropriate." And also states that the personal characteristics of a person should help determine a punishment that can punish, rehabilitate or deter the offender to protect the public.
Connect the precedent case to your case
“Your Honour, a colleague of yours argued in R. Morgentaler that a woman’s right to security (of her body) is infringed when abortions are not legally available. Therefore, you should rule in favour of our client Mrs. Bedford, because her right to life is infringed if she is unable to legally operate a bawdy house; the streets are unsafe and anecdotes and statistical evidence shows that life is threatened without access to places which help guarantee a prostitute’s security.”
Connect precedent case(s) to your case, with phrase to be used in the mock