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Old 11-07-2012, 11:05 AM   #35
bizaro86
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9. Everyone has the right not to be arbitrarily detained or imprisoned
Conviction by a court after due process overcomes this, imo.

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12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
If imprisionment isn't cruel and unusual, then I don't see how a specific amount of imprisonment is cruel and unusual.

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7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice
There might be a case for arbitrariness under the fundamental justice clause here, but I'm not sure. Basically, the SC could over rule this if they don't like it's implications, but it's not a slam dunk and a strict reading of the charter wouldn't necessarily disallow this law.
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