Supreme Court Of Canada Holds That The Constitutional Protection Against Cruel And Unusual Treatment Or Punishment Does Not Extend To Corporations

• Published date: 17 November 2020
• Law Firm: McCarthy Tétrault LLP
• Author: McCarthy Tetrault LLP and Sébastien Cusson

On November 5, 2020, the Supreme Court of Canada gave judgment in Quebec (Attorney General) v. 9147-0732 Québec inc., 2020 SCC 32. The Court held that section 12 of the Canadian Charter of Rights and Freedoms, which guarantees the right not to be subjected to cruel and unusual treatment or punishment, does not protect corporations.

Summary of the judgment

9147-0732 Québec inc., a corporation, was found guilty of operating its construction company without the required licence and was sentenced by the Court of Québec to pay the mandatory minimum fine of $30,843 under Québec's Building Act. 9147-0732 Québec inc. challenged the constitutionality of this fine, alleging that it was contrary to section 12 of the Charter.

The Supreme Court of Canada was asked to decide whether the protection against cruel and unusual treatment or punishment provided by section 12 extends to legal persons, such as 9147-0732 Québec inc., or whether it is limited to natural ones.

The Court held unanimously that the term "everyone" in section 12 of the Canadian Charter must be...