Kindler v. Canada (Minister of Justice)

2 S.C.R. 779 (1991)

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Kindler v. Canada (Minister of Justice)

Canada Supreme Court
2 S.C.R. 779 (1991)

EP

Facts

Joseph John Kindler (plaintiff) was sentenced to death by electrocution in Pennsylvania following a guilty verdict for murder, kidnapping, and conspiracy. Before serving his sentence, Kindler escaped and fled to Quebec, Canada, where he was arrested. Kindler’s extradition was requested by the United States and granted by the Canadian minister of justice (defendant). Kindler appealed the extradition order, arguing that sending him to the United States to face the electric chair violated his rights provided by the Canadian Charter of Rights and Freedoms. Specifically, § 7 granted people the rights to life, liberty, and security that could not be deprived except in the interests of fundamental justice. Additionally, Kindler asserted that § 12 prohibited cruel and unusual punishment and that his death-penalty sentence was arbitrary, discriminatory, and would involve an unnecessarily time-consuming appellate process.

Rule of Law

Issue

Holding and Reasoning (La Forest, J.)

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