What if we made the standard for asylum somehow Charter dependent? Particularly where the Charter refers to "everyone", i.e.,
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.
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
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Those doesn't say "every citizen of Canada", as some sections of the Charter do (i.e. s.3, s.6) - they say "everyone". If we as Canadians truly feel, to the extent of enshrining the same in the constitution of our country, that everyone, regardless of nationality, has certain rights, protecting those rights seems to me a legitimate basis for granting someone asylum.
In this case, I would suggest that the sentence in question offends the principles of fundamental justice, and constitutes cruel and unusual treatment, given the nature of the offence.