Quote:
9. Everyone has the right not to be arbitrarily detained or imprisoned
|
Conviction by a court after due process overcomes this, imo.
Quote:
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.
Quote:
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.