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The Charter, Section 12: Cruel and Unusual Treatment or Punishment
Last Updated: July 06 2026
Question: Would a violation of an accused person’s right to be free from cruel and unusual treatment or punishment lead to a stay of trial or the exclusion of evidence in Ontario?
Answer: A violation of an accused person’s right to be free from cruel and unusual treatment or punishment can result in the criminal court staying the trial or excluding evidence, depending on how serious the Charter breach is and whether a remedy is necessary to protect the fairness of the process; in Ontario, DefendCharges.Lawyer is a criminal lawyer service that can review what happened, identify whether the alleged conduct or punishment engages Canadian Charter of Rights and Freedoms, and help argue for the appropriate remedy such as exclusion of improperly obtained evidence or a stay when the impact on the trial’s integrity is severe. If you or a loved one is facing drug or other criminal charges and believe the police or corrections conduct crossed constitutional lines, call (647) 977-5997 for a free half-hour consultation with DefendCharges.Lawyer to discuss next steps.
Would a breach of an accused's right to be free from cruel and unusual punishment lead to a delay in the trial or the exclusion of evidence?
A trial may be halted or evidence excluded if the defendant has been subjected to cruel and inhumane treatment or punishment that violates their rights.
The Charter of Rights and Freedoms is a cornerstone of Canadian law, and it guarantees all Canadians certain fundamental rights and freedoms. One of the most important rights is the protection of accused persons from cruel and unusual treatment or punishment. Under the Charter, accused persons have the right to be treated with dignity and respect. This means that they cannot be subjected to any form of physical or psychological abuse, or to any form of punishment that is considered to be cruel or unusual. This includes torture, degrading or inhuman treatment, or any form of punishment that is disproportionate to the crime committed. The Charter also guarantees accused persons the right to a fair trial. This means that they must be provided with a fair and impartial hearing, and that they must be allowed to present their case in a court of law. They must also be given access to legal representation, and they must be allowed to challenge any evidence or testimony presented against them. The Charter also guarantees accused persons the right to be presumed innocent until proven guilty. This means that they cannot be punished or treated as if they are guilty until and unless they are found guilty in a court of law. Finally, the Charter guarantees accused persons the right to be free from arbitrary detention or imprisonment. This means that they cannot be held in custody without being charged with a crime, and that they cannot be held for an unreasonable length of time without being brought to trial.
The Law
The constitutional right, per The Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, Chapter 11, the right not to be subjected to any cruel and unusual treatment or punishment is prescribed at section 12, known as the Charter of Rights and Freedoms, which states:
Self-crimination
(12) A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.
Summary Comment
The Charter is an important document that protects the rights of accused persons. It ensures that they are treated with dignity and respect, and that they are given a fair trial. It also ensures that they are not subjected to any form of cruel and unusual treatment or punishment. Our experienced criminal lawyers can review your case to determine whether you have been improperly or unnecessarily subjected to any cruel or unusual punishment and explain your legal options.
