Armstrong v. Canada

Decided: 2026-10-20. Docket: T-5-22. Citation: 2026 FC 1277 (CanLII). Constitution — Charter of Rights — Section 12 — Correctional institution conditions — Whether Dry Cell temperature amounted to cruel and unusual treatment — Benchmark and gross disproportionality assessed, including clothing and bedding provided — Evidence of frigid temperatures not established on a balance of probabilities — Section 12 breach not proven — Claim dismissed | Constitution — Charter of Rights — Section 12 — Medical care in custody — Whether failure to proactively provide prescribed lithium was cruel and unusual treatment — Lithium not an on request medication, marked departure from benchmark — Intention not required for s. 12 breach, R v Smith factors applied — Treatment found grossly disproportionate — Sec