The Quebec Court of Appeal has ruled that the Charter protection against cruel and unusual punishment can apply to companies as well as individuals.
The numbered company sought to have the minimum fine in the law struck down. It invoked Section 12 of the Canadian Charter of Rights and Freedoms, which states, “Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.”In a decision rendered Monday, the Court of Appeal sided with the company, with one of the three judges who heard the case dissenting.
But Court of Appeal Justice Dominique Belanger, writing for the majority, said she is not convinced Section 12 refers only to “human dignity.” She noted that companies have successfully invoked other Charter protections in the past. She said she does not believe that Canadian society would find it acceptable for a company to be driven into bankruptcy by a disproportionate fine, “thereby jeopardizing the rights of its creditors or forcing layoffs.”
That's I am converting myself to a company. I will pay less tax and get better protection!
What a load...I'm sure the other contractors that set themselves up properly and paid the appropriate set up fees will be happy...
Quebec is “unique & distinct “. A society where corruption is “normal”
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