Miller and Cockriell v. The Queen
Encyclopedia
R. v. Miller and Cockriell [1977] 2 SCR 680 is a leading Canadian Bill of Rights
decision of the Supreme Court of Canada
where the Criminal Code of Canada
provisions relating to the death penalty were challenged as a violation of the right against "cruel and unusual" punishment under section 2(b) of the Bill of Rights.
Justice Laskin, for the majority, upheld the laws. He interpreted the phrase "cruel and unusual" in the context of its origin in the English Bill of Rights and the US Eighth Amendment
, which only limited the means of carrying out a death sentence.
Some of the definition given to cruel and unusual punishments in this case later shaped the jurisprudence carried out under section 12
of the Canadian Charter of Rights and Freedoms
.
Canadian Bill of Rights
The Canadian Bill of Rights is a federal statute and bill of rights enacted by Prime Minister John Diefenbaker's government on August 10, 1960. It provides Canadians with certain quasi-constitutional rights in relation to other federal statutes...
decision of the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
where the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
provisions relating to the death penalty were challenged as a violation of the right against "cruel and unusual" punishment under section 2(b) of the Bill of Rights.
Justice Laskin, for the majority, upheld the laws. He interpreted the phrase "cruel and unusual" in the context of its origin in the English Bill of Rights and the US Eighth Amendment
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
, which only limited the means of carrying out a death sentence.
Some of the definition given to cruel and unusual punishments in this case later shaped the jurisprudence carried out under section 12
Section Twelve of the Canadian Charter of Rights and Freedoms
Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individual's freedom from cruel and unusual punishments in Canada. The section has generated some case law, including the essential...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
.
External links
- Full text available at Canlii.orghttp://www.canlii.org/en/ca/scc/doc/1976/1976canlii12/1976canlii12.html and Lexumhttp://scc.lexum.umontreal.ca/en/1976/1977rcs2-680/1977rcs2-680.html