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

Stettler Food Bank is well stocked after generous donations during the holiday season. Contributed photo
Slight increase in demand at the Stettler Food Bank over recent weeks

The Stettler Food Bank is located in the basement of Stettler’s United Church

Sign
The Stettler Pheasant Festival reflects on community impact

The festival has seen people visit from all over western Canada and into the United States

Stettler’s Rob Docherty has been named to the Alberta Provincial Trapshooting Association Hall of Fame after over 30 years of competition. 
photo submitted
Rob Docherty is being inducted into the Alberta Provincial Trapshooting Association Hall of Fame

Docherty was also the Stettler Trap Club president for 25 years

Alberta’s chief medical officer of health, Dr. Deena Hinshaw, confirmed eight additional virus-deaths Monday afternoon including one in central zone. (Photo by Chris Schwarz/Government of Alberta)
Central zone up to 1,249 active COVID-19 cases

Red Deer sits at 257 active COVID-19 cases

Idyllic winter scenes are part of the atmosphere of the holiday season, and are depicted in many seasonal movies. How much do you know about holiday movies? Put your knowledge to the test. (Pixabay.com)
QUIZ: Test your knowledge of holiday movies and television specials

The festive season is a time for relaxing and enjoying some seasonal favourites

A logo for Netflix on a remote control is seen in Portland, Ore.,Aug. 13, 2020. Experts in taxation and media say a plan announced Monday by the government will ultimately add to the cost of digital services and goods sold by foreign companies. THE CANADIAN PRESS/AP-Jenny Kane
‘Netflix tax’ for digital media likely to raise prices for consumers, experts say

The government says Canadian companies already collect those taxes when they make digital sales

Gaming content was big on YouTube in 2020. (Black Press Media files)
What did Canadians watch on Youtube during isolation? Workouts, bird feeders

Whether it was getting fit or ‘speaking moistly,’ Canadians had time to spare this year

A teacher places the finishing touches on the welcome sign at Hunter’s Glen Junior Public School which is part of the Toronto District School Board (TDSB) during the COVID-19 pandemic in Scarborough, Ont., on Sept. 14, 2020. THE CANADIAN PRESS/Nathan Denette
Hindsight 2020: How do you preserve a year many Canadians would rather forget?

Figuring out how to preserve the story of the pandemic poses a series of challenges

Team Manitoba celebrate after defeating Team Ontario to win the Scotties Tournament of Hearts in Moose Jaw, Sask., Sunday, Feb. 23, 2020. Curling Canada wants Calgary’s Canada Olympic Park to be a curling hub for the season’s top events. THE CANADIAN PRESS/Jonathan Hayward
Calgary facility set to become curling hub during pandemic

Curling Canada has provisional approval for Calgary’s hub-city concept from Alberta Health

Ash and Lisa Van carry a freshly cut Christmas tree while wearing personal protective masks at a Christmas Tree Farm in Egbert, Ontario, Sunday, Nov. 29, 2020 THE CANADIAN PRESS/ Cole Burston
‘Everyone wants a tree and they want it now’: Christmas tree sales on pace for record

Anticipated demand for Christmas trees has sparked a rush by some to purchase more trees wholesale

A scene from last year’s Light the Night fundraiser at the Stettler Town and Country Museum. This year’s rendition is on a drive-through basis only, but it still promises to be a not-to-be-missed seasonal highlight. (Independent file photo)
Stettler Town and Country Museum hosts ‘Light the Night’

This year’s rendition is drive-through only, but will still prove to be a dazzling display

(Black Press File Photo)
Rimbey woman gathering Christmas gifts for seniors at Valleyview Manor

Margaret Tanasiuk says she doesn’t want anyone to feel forgotten on Christmas morning

Most Read