First off, when discussing the death penalty, one should never take it as a given that
the crime is amongst the most horrible. One would have to compare all of the cases ever seen before the courts and quantify how many horrible crimes get death penalties and how many don't. In some cases you might simply find that the most horrible crime of the death row convicts are guilty of is reliance upon legal aid or an inability to pay legal bills.
Also, democracy has absolutely no bearing on the justifiability of the death penalty. If 90% of the nation believes that the death penalty should be granted to people who don't wear matching socks, would that make it justifiable? If you think that what a person wears is a little extreme for an example replace person with woman and matching socks with head coverings/modest clothing.
To further both of the above points, it should be noted that consensual homosexual intercourse was once punishable by death in Canada.
Justice is primarily concerned with fairness (as opposed to perfection), rehabilitation and deterrence. There is no argument that it is fair for a Canadian to face the same reasonable punishments as other citizens in nations where they commit crimes. The argument against the death penalty rests on three contentious points about these basic principles, regardless of where it occurs:
- The punishment is not reasonable punishment.
- There are more humane methods of ensuring that a person does not reoffend.
- The death penalty has no effect on the violent crime rate.
However, fighting individual cases is costly and largely intractable short of tracking all of our traveling citizens. Instead a reasonable approach is to use normal diplomatic meetings to reach a concession on this issue over time, as we do through the UN for instance. Otherwise, certain better off individuals of Canadian society would be able to mobilize the government easier and so dodge the death penalty: the horrible crime would be an inability to pay legal bills.