The Canadian Charter of Rights and Freedoms stands as the supreme law of Canada, and its protections extend to every individual within Canadian borders, including those detained in correctional facilities, confined to psychiatric units, or residing in controlled care environments. For professionals who work in these settings, understanding how the Charter applies to use of force decisions is not merely an academic exercise but a fundamental requirement of lawful practice. Two sections of the Charter carry particular weight in this context: Section 7, which guarantees the right to life, liberty, and security of the person, and Section 12, which protects against cruel and unusual treatment or punishment. These constitutional provisions form the outer boundaries within which all use of force policies, training programs, and individual decisions must operate, regardless of the specific legislative framework governing a particular facility or care setting.
Section 7 of the Charter provides that 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. This provision has profound implications for use of force in controlled environments because any application of physical force necessarily engages the security of the person, and in some circumstances may engage the right to life itself. The principles of fundamental justice require that deprivations of these rights be neither arbitrary nor grossly disproportionate to their objective. For a corrections officer in a federal penitentiary, a nurse working in a locked psychiatric unit, or a residential care worker in a youth detention facility, this means that force cannot be applied simply because an individual is difficult, non-compliant, or disrespectful. There must be a lawful basis for the intervention, the force used must be connected rationally to a legitimate objective, and the decision-making process must be procedurally fair to the extent circumstances permit.