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Section 12 prohibits treatment or punishment that is grossly disproportionate in the circumstances; in other words, one that would outrage our society's sense of decency such that Canadians would find it abhorrent or intolerable (R. v.

Equal Rights: The Most Important Section of the Charter.

24. (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances.

Section 24(2) of the Canadian Charter of Rights and Freedoms (the charter) directs courts to exclude unconstitutionally obtained evidence if, having regard to all the circumstances, its admission would bring the administration of justice into disrepute.

The Charter guarantees many basic human rights and fundamental freedoms. We have other human rights protections that come from federal, provincial, and territorial statutes, common law, and international law.

The Charter is a much broader human rights law. It also has greater power because it applies to both federal and provincial laws and actions. And unlike the Bill of Rights, the Charter is part of the Constitution the highest law of the land.

Section 24(1) provides remedies against unconstitutional government action; section 24(2) provides for the exclusion of evidence obtained in violation of the Charter; and section 52(1) of the Constitution Act, 1982 provides that a law that is inconsistent with the Constitution is, to the extent of the inconsistency, of

Section 24(2) obliges law enforcement authorities to respect the exigencies of the Charter and precludes improperly obtained evidence from being admitted when it impinges on the fairness of the trial (R. v.

In a nutshell, the cruel and unusual punishment clause measures a particular punishment against society's prohibition against inhumane treatment. It prevents the government from imposing a penalty that is either barbaric or far too severe for the crime committed.

You can download, save and print accessible PDF versions of the Canadian Charter of Rights and Freedoms in various languages from the Open Government portal on Canada.ca.