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The Death Penalty Case Study

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As of 2016 more than two thirds of the world's countries have abolished capital punishment. It was only in 1998 that Canada had fully eradicated the death penalty for all crimes. After examining the facts of both the J. Kindle and G. Burns & A. Rafay cases, I have capital punishment will not return to Canada in the future.
Joseph J. Kindler is found guilty of first degree murder, kidnapping and conspiracy to commit murder. The jury on this case had recommended the death penalty as his punishment. While awaiting his sentencing he escaped prison and fled to Canada. After being found once again the U.S had asked for his extradition back to America. This was approved by the Minister of Justice but the Minister of Justice had failed to insure that …show more content…
6 of the Extradition Treaty. This act stated that the death penalty would not be imposed or, if imposed, not carried out on the individual. Kindler applied to have this decision reviewed by the Trial Division and the Court of Appeal of the Federal Court, as he felt it violated his rights. More specifically s. 7 or s. 12 of the Canadian Charter of Rights and Freedoms, Everyone has the right to life, liberty and security of the person and everyone has the right not to be subjected to any cruel and unusual treatment or punishment. This appeal is dismissed and the extradition is executed. In the next case, Glen Sebastian Burns and Atif Ahmad Rafay are wanted for three counts of first degree murder, after the Rafay family is found murdered in their home. If found guilty they are likely to face the death penalty. The two are both canadian citizens and flee to Canada, where they are found and arrested. The U.S requests that they be extradited back to Washington, and the Minister of Justice in Canada approves their extradition. Yet again the Minister of Justice fails to insure that the death penalty would not …show more content…
This is because this case is the most recent of the two and therefore is the most likely to share the same values with our future society. The reasoning used to justify the final verdict in this case are reasons that undoubtedly reflect our views as a society on these type of issues. Ten years before in the Kindler case, capital punishment was not seen as shocking to the public. Yet in the Burns and Rafay case the idea of killing someone in the name of justice seemed barbaric and did indeed shock the conscience of Canada’s

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