Is section 12 of the Charter relevant in the context of an application to extradite an alleged torture victim to the United States?
Canada (Federal), Canada
The following excerpt is from Amnesty International Canada v. Canadian Forces, 2007 FC 1147 (CanLII):
Relying on extradition cases such as United States of America v. Burns, 2001 SCC 7, [2001] 1 S.C.R. 283 and Kindler v. Canada (Minister of Justice), 1991 CanLII 78 (SCC), [1991] 2 S.C.R. 779, the respondents argue that section 12 of the Charter is also not engaged in this case. According to the respondents, the law is clear that section 12 does not apply where the allegedly cruel or unusual treatment or punishment is to be carried out by officials in a foreign state.
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