Supreme Court of Canada Rules Mandatory Minimum Sentences for Child Pornography Unconstitutional

The Supreme Court of Canada ruled 5-4 that the federal government's mandatory minimum one-year prison sentence for possessing or accessing child pornography is unconstitutional, violating the Charter's protection against cruel and unusual punishment. The majority opinion highlighted that the law covers a broad range of scenarios, including cases where a one-year sentence would be disproportionate, such as an 18-year-old receiving a sext from a 17-year-old, which technically qualifies as child pornography. The court upheld prior rulings from the Quebec Court of Appeal and the Court of Quebec, emphasizing that mandatory minimums must account for the varied severity of offenses. Dissenting justices argued that mandatory minimums are necessary to uphold public safety and reflect the serious harm caused by child sexual abuse material. The ruling has sparked significant criticism from conservatives and victims' advocates who worry it undermines deterrence and public confidence in the justice system. Meanwhile, the Liberal government is considering legislative measures to toughen bail and increase sentences for serious violent crimes despite this decision.