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Section 12 of the Canadian Charter of Rights and Freedoms, as part 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 case R. v. Smith , in which it was partially defined, and R. v. Latimer , a famous case in which Saskatchewan farmer Robert Latimer protested that his long, mandatory minimum sentence for the murder of his disabled daughter was cruel and unusual.
The section states:
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
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