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I’m digging into multiple #humantrafficking cases in #Ontario where sentencing was diminished to less than half the minimum. Defence argued “cruel and unusual punishment” and the judge actually went for it under section 12 of Canadian Charter of Rights and Freedoms...
...Section 12: “Everyone has the right not to be subjected to any cruel and unusual treatment or punishment”. But if prison terms are “cruel and unusual treatment” why do we have the punitive justice system at all?...
...(Sarcastic and rhetorical of course). Can someone explain to me why this defense would carry weight with the judge? I cannot understand this Alice in Wonderland world where this is not challenged by some form of checks and balances...
