Supreme Court Says Mandatory Minimum Sentences for Child Pornography Crimes ‘Unconstitutional’

The Supreme Court of Canada in Ottawa in a file photo. The Canadian Press/Adrian Wyld

The Supreme Court of Canada has ruled that mandatory minimum sentences for possessing or accessing child pornography are unconstitutional.

The 5–4 court decision was based on an argument by two Quebec men who pleaded guilty to child pornography offences, saying the mandatory sentence of one year violated their Charter right of not being subjected to “cruel and unusual treatment or punishment.”