The Puzzle and Promise of Human Dignity: R v Bissonnette

For all its promise, human dignity is also a puzzle. This paper’s discussion of the use of human dignity in Bissonnette is approached from this perspective. The goal is not only to explore how human dignity is developed in the context of section 12 of the Charter but, in doing so, to also shine a light on some of the broader challenges and possibilities that courts will have to engage with when using human dignity in law. I will leave it to the reader to judge for themselves whether the use of human dignity in Bissonnette is more promise or more puzzle. I tend to see both present, and a glaring need to develop a more robust theorization of human dignity and its use in Canadian law.