Capital Punishment in Canada

The lawful execution of a criminal by the state, commonly referred to as the

death penalty, is a kind of capital punishment that is typically reserved for the most
heinous of offenses. In the early years of Canada's history, it was a common form of
punishment for a variety of crimes, including less serious infractions. The upholding of
human rights and democratic values is crucial for ensuring fairness, combating
prejudice, and promoting equality across all aspects of life. The death sentence, which
was once a legally permissible consequence of criminal acts in Canada, remained in
effect until 1976. In 2001, the Supreme Court of Canada rendered a decision stating
that the extradition of a prisoner in order to address the absence of a repeal mechanism
and mitigate the potential reinstatement of the death sentence in Canada, the Second
Optional Protocol was ratified in 2005.

This essentially rules out the idea of the death penalty being reinstated in
Canada because there is no repeal mechanism. At the moment, the Canadian Alliance
Party is trying to re-establish itself, which is making people worried about how humane
and good it seems, which is why it shouldn't be considered in the future. The imposition
of the capital penalty is deemed to be both inherently cruel and unusual, thereby
contravening the provisions outlined in Section 12 of the Canadian Charter of Rights
and Freedoms. This section explicitly guarantees individuals the right to be free from
any form of treatment or punishment that is considered to be cruel and unusual. The
application of capital punishment is commonly observed in judicial systems that display
biases, with limited empirical evidence to support its effectiveness in reducing crime as
opposed to the alternative of life imprisonment.

An implementation of a life sentence within a correctional facility that is defined

by the highest level of security would be an ethical answer to the problem of recidivism
among those who have been convicted and sentenced to death. This strategy would
successfully prevent the offender from reintegrating into society, which is the desired
outcome. The practice of capital punishment on an international basis has garnered
significant criticism because to its perceived infringement upon fundamental human
rights. These criticisms primarily revolve around the denial of due process, instances of
racial discrimination, the presence of secrecy surrounding the procedure, and the
utilization of painful tactics for both incarceration and execution.

The objective can be achieved by examining various legal frameworks that

support capital punishment, identifying inherent flaws within these frameworks.
Furthermore, it is our contention that the examination of case studies constitutes a
crucial measure that must be undertaken to provide irrefutable proof pertaining to the
contentious character of capital punishment. The enactments of Canada's Criminal
Code in the 1970s brought about a sea change in the country's legal system, elevating
the importance of more humanitarian practices and lowering the incidence of crimes
punishable by death. This transition has resulted in the abolition of the death penalty,
which has helped to promote humanitarianism and ethics within the justice system.
According to Amnesty International, the imposition of the death sentence in Canada is
deemed to contravene essential human rights, such as the right to life and safeguard
against cruel and unusual punishment, as enshrined in the Universal Declaration of
Human Rights.

The rights humans and democratic concept are essential to ensuring fairness,
fighting prejudice, and promoting egalitarianism in all areas of life. The abolition of
capital punishment in Canada can be attributed to several factors, including the
occurrence of false convictions, concerns regarding the state's authority to take lives,
and the lack of assurance surrounding the deterrent effect of the death sentence. The
statement underscores the importance of humanistic principles and the pursuit of justice
in the process of making decisions that affect society. It draws attention to the
constraints associated with the utilization of capital punishment within Canada's criminal
justice system, and the nation's shift towards adopting more empathetic legal
approaches. In essence, the profound affection we harbor for our religious beliefs often
serves as a potent source of solace, capable of alleviating the anguish and remorse
experienced by individuals in our vicinity who are undergoing hardship.
 REFERENCE
“Capital Punishment.” (2021). Canadas Human Rights History.
https://historyofrights.ca/encyclopaedia/main-events/capital-punishment
Amnesty International (2007). Death Penalty in Canada. https://amnesty.ca/what-we-
do/death-penalty/death-penalty-in-canada/#:~:text=Does%20Canada
%20have%20the%20death,for%20execution%20under%20the%20law.
David B. Chandler. (1976). Capital Punishment in Canada: A Sociological Study of
Repressive Law. https://books.google.com.ph/books?
id=XBkz3NRmAUMC&printsec=frontcover#v=onepage&q&f=false
Gendreau, Paul, and Wayne Renke. (2019). “Capital Punishment in Canada.” Edited by
Jon Tattrie and Andrew McIntosh. The Canadian Encyclopedia.
https://www.thecanadianencyclopedia.ca/en/article/capital-punishment
Innocence Staff, “Cameron Todd Willingham: Wrongfully Convicted and Executed in
Texas.” (2021). Innocence Project. https://innocenceproject.org/cameron-todd-
willingham-wrongfully-convicted-and-executed-in-texas/.
Munroe, Susan. (2021). “How Capital Punishment Was Abolished in Canada.”
ThoughtCo. ThoughtCo. https://www.thoughtco.com/history-of-capital-
punishment-in-canada-508141.
Ryan, Stuart. "Capital Punishment in Canada." The British Journal of Criminology, vol.
9, no. 1, 1969, pp. 80-85. 5
Alex Neva. (2023). Closing the Implementation Gap: Federalism and
Respect for International Human Rights in Canada.
https://centre.irpp.org/wp-content/uploads/sites/3/2023/05/Closing-the-
Implementation-Gap-Federalism-and-Respect-for-International-Human-
Rights-in-Canada.pdf