Yet another step is made in the long-lasting story where legal persons (corporations, companies, organisations, etc) obtain those rights meant originally to protect actual human beings. In 9147-0732 Québec inc. c. Directeur des poursuites criminelles et pénales, the Court Appeal maintained the position that a legal person is entitled to protection against cruel or unusual treatment or punishment within the meaning of s. 12 of the Canadian Charter of Rights and Freedoms. Initially this right was mostly associated with the notion of “human dignity”. Yet, in the Court’s view, this is not an obstacle to see a disproportionate monetary fine as a cruel measure against a legal person.
One might see here a link to the creditors’ and shareholders’ rights as well as potential harm to a legal person’s employees — as human beings, so some “human” part is still present.
It is important to mention though, that the Court of Appeal Judge Jacques Chamberland, dissenting, was of the opinion that the concept of “human dignity” is not applicable to legal persons: “Au Canada, aucune brèche ne permet encore aux personnes morales d’invoquer la protection de l’article 12 de la Charte.” Apparently, the question of whether rights of corporations include all the constitutional guarantees is not settled yet.
It would be interesting to see if the Supreme Court is invited to pronounce on the matter.
