Supreme Court rules mandatory min. sentence for child porn unconstitutional
The Supreme Court of Canada has ruled that the mandatory minimum child pornography sentences are unconstitutional.
The top court says the mandatory one-year jail sentences for accessing or possessing child porn removes judges’ discretion to impose sentences other than imprisonment when appropriate.
The decision affirms a ruling of the Quebec Court of Appeal, which said the mandatory minimum sentences violated the Charter guarantee against cruel or unusual punishment. The Court of Appeal decision came from the cases of two men who pleaded guilty to offences.
On social media, some Canadians have reacted with words like “disgusting” and “outrageous.” Christine Kassie, CEO of the Chinook Sexual Assault Centre, says while this ruling might be upsetting, there is a balance in the legal system.
Ontario Premier Doug Ford didn’t mince words on social media. He stated – quote – “These people are predators. Disgusting scumbags who prey on children belong behind bars for the rest of their miserable lives.” Unquote. Danielle Smith on a post on X, says the proposed minimum sentence is already too lenient, calling the court ruling “outrageous”. And like Ford, is calling on Ottawa to invoke the notwithstanding clause to overturn the Supreme Court’s ruling.