The Legislative Scheme is Not Contrary to s. 12 of the Charter
 Section 12 of the Charter provides:
12. Everyone has the right not to be subjected to any cruel and unusual
treatment or punishment.
 The applicant submits that segregation of young adults
and the mentally ill constitutes a cruel and unusual treatment
or punishment contrary to s. 12 of the Charter. The applicant
also submits that any use of administrative segregation beyond
15 days is a similar violation.
 A punishment violates s. 12 of the Charter where it is
excessive to such an extent that it outrages society’s standards of
decency. The punishment must not be grossly disproportionate
to what would have been appropriate. To be cruel and unusual,
the punishment must be too severe for any person committing
the same offence. See R. v. Smith,  1 S.C.R. 1045, 
S.C.J. No. 36, at para. 86.
 The words “cruel and unusual” are used together to
describe a punishment or treatment that is grossly disproportionate in the circumstances in which it is applied. See R. v.
Smith, supra, at para. 86.
 If one considers administrative segregation a treatment
rather than a punishment, one must remember that the treatment can be excessive and still not be grossly disproportionate.
A sentence or treatment may be sufficiently excessive to attract
appellate review and still not be grossly disproportionate. See
R. v. K. (R.),  O.J. No. 2434, 198 C.C.C (3d) 232 (C.A.),
at para. 66.
 The Supreme Court of Canada has consistently used
extreme language when describing the kind of treatment that
infringes s. 12. Chief Justice McLachlin indicated R. v. Ferguson
that the treatment would have to be so excessive that it outraged Canadian standards of decency and so disproportionate
that Canadians would find it abhorrent or intolerable.
 The respondent referred to s. 69 of the Corrections and
Conditional Release Act, which provides as follows:
69. No person shall administer, instigate, consent to or acquiesce in any
cruel, inhumane or degrading treatment or punishment of an offender.
 While I agree with the statement in s. 69, I do not find
the section helpful in this inquiry because I assume that the officials of the Correctional Service of Canada intend to carry out
their responsibilities [in] compliance with the Charter and the
provisions of the Corrections and Conditional Release Act.