Human rights — Guarantees against arbitrary detention or imprisonment and cruel and unusual treatment or punishment — Applicant sentenced as “habitual criminal” to imprisonment for an indeterminate period — Whether continued detention constituting cruel and unusual treatment or punishment — Whether amounting to arbitrary detention or imprisonment — Whether a violation of the Canadian Charter of Rights and Freedoms 1982, Sections 9 and 12 — Interpretation — International Covenant on Civil and Political Rights, 1966 — Use of Covenant as an aid in interpreting Charter rights

Treaties — Implementation — International Covenant on Civil and Political Rights, 1966 — Covenant not implemented in Canadian domestic law — Whether Canada under international human rights obligation to implement the provisions of Covenant — Constitutional protection against arbitrary detention or imprisonment and cruel and unusual treatment or punishment — Whether courts could resort to Covenant as an aid in interpreting provisions of Canadian Charter of Rights and Freedoms 1982, Sections 9 and 12 — The law of Canada