The unequal distribution of death sentences between blacks, and whites is arbitrary and inconsistent, and therefore constitutes cruel and an unusual punishment, by means of discrimination. Which encroaches upon section fifteen of the Charter of Rights and Freedoms. Section fifteen states that"every individual is equal before, and under the law and has the right to the equal protection and equal benefit of the law without discrimination and in particular without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental and physical disability." Furthermore, the justice system in Canada is based on the fundamental principles of justice which support human dignity, and more specifically equality. When a person is sent to trial all his/her rights are based on the fact that they have the right to a fair trial regardless of their race, status etc.3
             This was also further explained by Maurice Tremblay(Lobiniere) in the House of Commons on June 30th, 1987. He said, "I believe Mr. Speaker that the state has a duty to protect the life of all it's citizens and as the criminologist Andre Hormandeau so aptly said in an article published in La Presse on March 12 , 1987 'In the light of the Charter of Human Rights and Freedoms all citizens are equal and respect for life knows no exception. Therefore the state may not give itself the right to kill, for that would be an encroachment against human rights."4
             The racial discrimination demonstrated by the judges and juries supports the unjust arbitrariness that exists within the legal system. It seems that the likelihood that an individual is executed based on how they are perceived in society and not by the law is quite common. An example of this was the case against O.J. Simpson, who supposedly killed two innocent people. He was found not guilty, with much influence from his reputation in society as a hero. As an opponent, it is easy to see that the death penalty is...