Ottawa Won’t Use Notwithstanding Clause to Reverse Court Ruling Against Mandatory Child Porn Sentences: Justice Minister

Ottawa Won’t Use Notwithstanding Clause to Reverse Court Ruling Against Mandatory Child Porn Sentences: Justice Minister
Minister of Justice and Attorney General of Canada Sean Fraser speaks at a news conference on a new bill aimed to address hate crimes, on Parliament Hill in Ottawa, on Sept. 19, 2025. The Canadian Press/Justin Tang
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Justice Minister Sean Fraser says the Liberal government will not use the notwithstanding clause to override a recent Supreme Court decision that said one-year mandatory minimum sentences for possessing or accessing child pornography are “unconstitutional.”

Fraser told reporters in Ottawa ahead of a cabinet meeting on Nov. 4 there are “other solutions” to protect children. He noted the path forward would include policy choices, but said he didn’t think overriding the Constitution was necessary.