Québec (Procureure générale) c 9147-0732 Québec Inc

Document Type

Response or Comment

Publication Date

2021

Keywords

Criminal Law, Canada, Charter, Cruel and Unusual Punishment

Abstract

It is not difficult to form the conclusion that Quebec (Attorney General) v 9147-0732 Quebec Inc is a decision reflecting a more vigorous debate in Chambers that is reflected in the substance of the decision. All nine judges agree on the result: that corporations do not benefit from the protection against cruel and unusual punishment in s 12 of the Charter. All nine judges agree that the result is dictated by the text and history of the provision, and they also agree that that conclusion is supported by international and comparative authority. Only two points separate Justice Brown and Rowe's majority opinion from Justice Abella's concurring opinion, but even those two points relate to how other judges might decide different cases about different issues in the future.

Comments

Case comment on Québec (Procureure générale) c 9147-0732 Québec Inc, 2020 SCC 32.

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