What is the test for “treatment” under s. 12 of the Charter?

To come within s. 12 of the Charter, the plaintiff must show that he is subjected to treatment or punishment at the hands of the state, and that such treatment or punishment is cruel or unusual: Rodriguez v. British Columbia (Attorney General), 1993 CanLII 75 (SCC), [1993] 3 S.C.R. 519 at 608-609. It is clear that the plaintiff is not being subjected by the state to any form of “punishment”. The word “treatment” is discussed in Rodriguez, where the majority finds that “treatment” may include that imposed by the state in contexts other than that of a penal or quasi-penal nature. However, the majority states at 611-612: However, it is my view that a mere prohibition by the state on certain action, without more, cannot constitute "treatment" under s. 12. … There must be some more active state process in operation, involving an exercise of state control over the individual, in order for the state action in question, whether it be positive action, inaction or prohibition, to constitute "treatment" under s. 12. …