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The Charter, Section 12: Cruel and Unusual Treatment or Punishment
Last Updated: July 02 2026
Question: Can a trial in Ontario be stayed or can evidence be excluded if my Charter right to be free from cruel and unusual treatment or punishment was violated?
Answer: If an accused in Ontario was subjected to cruel and unusual treatment or punishment that violates section 12 of the Charter of Rights and Freedoms, a criminal defence lawyer may seek a stay of proceedings or exclusion of evidence to prevent the court from further benefiting from the Charter breach. DefendCharges.Lawyer can review what happened, assess whether section 12 violations affected the fairness of the trial, and advise on practical next steps, including motions to halt the case or suppress tainted evidence, with intake support for people across Ontario who are dealing with criminal charges, call (647) 977-5997 to speak with a Lawyer today.
Would a violation of an accused's right to be free from cruel and unusual treatment or punishment result in a stay of trial or exclusion of evidence?
It is possible for a trial to be stayed or evidence excluded if the accused has been subjected to cruel and unusual treatment or punishment in violation of 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 Charterguarantees 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.
