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Courts

2014

Faculty Publications

Punishment; courts

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The Punishment Agenda In The Courts, Debra Parkes Jan 2014

The Punishment Agenda In The Courts, Debra Parkes

Faculty Publications

This paper critically examines the potential of prisoner litigation in Canada to shed light on what U.S. Supreme Court Justice Anthony Kennedy has called “the hidden world of punishment.” It considers whether prisoner’s rights litigation can act as a meaningful legal check on the growing punishment agenda in Canada. The paper begins with a brief description of some aspects of the punishment agenda before moving on to consider case law under the section of the Canadian Charter of Rights and Freedoms which speaks directly to punishment and its limits, the section 12 right to be free from “cruel ...