Clouds pass by the Supreme Court of Canada in Ottawa, Friday June 12, 2020. The Supreme Court of Canada says only people, not corporations, benefit from the charter protection against cruel and unusual punishment. THE CANADIAN PRESS/Adrian Wyld

Clouds pass by the Supreme Court of Canada in Ottawa, Friday June 12, 2020. The Supreme Court of Canada says only people, not corporations, benefit from the charter protection against cruel and unusual punishment. THE CANADIAN PRESS/Adrian Wyld

Protection against cruel punishment doesn’t apply to corporations: Supreme Court

‘It is a constitutional standard that cannot apply to treatments or punishments imposed on corporations’

Only people, not corporations, benefit from the charter protection against cruel or unusual punishment, the Supreme Court of Canada has ruled.

The unanimous decision came Thursday in a case involving a numbered company that faced a fine under the Quebec Building Act for construction work done as a contractor without a licence.

The corporation was fined $30,843, the minimum penalty for corporations, upon being found guilty.

The corporation challenged the constitutionality of the fine, arguing it violated the guarantee of protection against “any cruel and unusual treatment or punishment” in Section 12 of the Charter of Rights and Freedoms.

The province’s Superior Court ruled that corporations are not protected under the constitutional provision.

However, in a split decision the Quebec Court of Appeal overturned the finding and said the section can in fact apply, sending the matter back to trial court to rule on the issue of the fine.

That prompted Quebec’s attorney general and director of prosecutions to appeal to the Supreme Court.

Though its ruling Thursday was unanimous, the nine-member court provided three sets of reasons for setting aside the Quebec Court of Appeal ruling.

In writing for a majority of the court, justices Russell Brown and Malcolm Rowe said the protective scope of Section 12 is limited to human beings.

The top court’s jurisprudence on the section has been marked by the concept of human dignity, and the fact that human beings are “behind the corporate veil” is not enough to ground the corporation’s claim of protection, they wrote.

The dissenting judge from the Quebec Court of Appeal rightly emphasized that the ordinary meaning of the word “cruel” does not allow its application to inanimate objects or legal entities such as corporations, they added.

Brown and Rowe also pointed out that the Supreme Court had previously concluded that a corporation could not avail itself of protection under Section 7 of the charter, concerning “life, liberty or security of the person.”

Excessive fines alone are not unconstitutional, a majority of the court concluded.

The judges said that a fine, to be unconstitutional, must be so excessive as to outrage standards of decency and abhorrent or intolerable to society.

This threshold, in accordance with the purpose of the protection against cruel punishment, is anchored in human dignity, the ruling said.

“It is a constitutional standard that cannot apply to treatments or punishments imposed on corporations.”

Jim Bronskill, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Supreme Court

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Toronto’s Mass Vaccination Clinic is shown on Sunday January 17, 2021. THE CANADIAN PRESS/Frank Gunn
Interior Health reports 2 more deaths, 83 new COVID-19 cases

Health authority also identifies new virus cluster in Fernie

Columbia Basin Trust is asking residents across the region to test their internet speeds so the Trust can better identify which areas aren’t meeting service expectations. (Columbia Basin Trust file)
Columbia Basin Trust asks residents to test internet speeds

Several communities across the Basin region, including Moyie, are asked to take the test

South Columbia Search and Rescue called in the Nelson Search and Rescue and Kootenay Valley Helicopters to provide a long line rescue. Photo: BCSAR submitted.
Long-line rescue needed for injured hiker near Trail

Members of South Columbia and Nelson SAR and Kootenay Valley Helicopters did a long-line evacuation

Cranbrook Fire and Emergency Services was responding to a fire at the corner of 2nd St. N & Victoria Avenue Wednesday morning. Trevor Crawley photo
UPDATED: Fire department response prompted by mischief, not fire

Motorists, residents advised to avoid corner of 2nd Street North and Victoria Avenue.

British Columbia Health Minister Adrian Dix looks on as Provincial Health Officer Dr. Bonnie Henry addresses the media during a news conference at the BC Centre of Disease Control in Vancouver B.C. (THE CANADIAN PRESS/Jonathan Hayward)
B.C. announces 485 new COVID-19 cases, fewest deaths in months

‘The actions we take may seem small, but will have a big impact to stop the virus,” urges Dr. Henry

Keith Thorpe/Peninsula Daily News
Search called off for small plane that went down in rough water south of Victoria

Plane bound for Port Angeles from Alaska believed to have one occupant, an Alaskan pilot

Royal B.C. Museum conservator Megan Doxsey-Whitfield kneels next to a carved stone pillar believed to have significance as a First Nations cultural marker by local Indigenous people. The pillar was discovered on the beach at Dallas Road last summer. Museum curatorial staff have been working with Songhees and Esquimalt Nation representatives to gain a clearer picture of its use. (Photo courtesy Royal BC Museum)
Stone carving found on Victoria beach confirmed Indigenous ritual pillar

Discussion underway with the Esquimalt and Songhees about suitable final home for the artifact

Former Vancouver Giants forward Evander Kane is seen here in Game 7 of the second round of the 2009 WHL playoffs against the Spokane Chiefs (Sam Chan under Wikipedia Commons licence)
Gambling debts revealed in details of bankruptcy filing by hockey star Evander Kane

Sharks left winger and former Vancouver Giants player owes close to $30 million total

Othman “Adam” Hamdan, pictured in front of Christina Lake’s Welcome Centre, was acquitted of terrorism related charges in 2017. He has been living in Christina Lake since November 2020. Photo: Laurie Tritschler
Man acquitted on terrorism charges awaits deportation trial while living in Kootenays

Othman Ayed Hamdan said he wants to lead a normal life while he works on his upcoming book

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

B.C. Premier John Horgan wears a protective face mask to help prevent the spread of COVID-19 prior to being sworn in by The Honourable Janet Austin, Lieutenant Governor of British Columbia during a virtual swearing in ceremony in Victoria, Thursday, November 26, 2020. THE CANADIAN PRESS/Jonathan Hayward
Premier Horgan calls jumping COVID vaccine queue ‘un-Canadian’

Horgan says most people in B.C. are doing their best to follow current public health guidelines

Prime Minister Justin Trudeau, left, and Vancouver Mayor Kennedy Stewart share a laugh while speaking to the media before sitting down for a meeting at City Hall, in Vancouver, on Friday August 30, 2019. (THE CANADIAN PRESS/Darryl Dyck)
Vancouver mayor, Health Canada to formally discuss drug decriminalization

Kennedy Stewart says he’s encouraged by the federal health minister’s commitment to work with the city

Most Read