Kindler v. Canada (Minister of Justice)

2 S.C.R. 779 (1991)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
K
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 807,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 807,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 807,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Criminal Law

Key Terms