October 31, 2025
RED FM News Desk
The Supreme Court of Canada has ruled the mandatory minimum sentence of one year for child pornography offences to be unconstitutional.
In its decision today, the court stated that while these sentences contribute to the objectives of denunciation and deterrence, they also eliminate the discretion of judges to impose sentences other than imprisonment when appropriate.
This ruling affirms the decision by the Quebec Court of Appeal, which had found that the mandatory minimum sentences violate the Charter guarantee against cruel and unusual punishment.
The Court of Appeal’s decision stemmed from the cases of two individuals who had pleaded guilty to the offences.
The Crown had taken its case to the Supreme Court, arguing that accessing and possessing child pornography must be strongly denounced. They contended that the imposed penalties must reflect the condemnable nature of these crimes, as well as the harm caused to victims, their families, and society.
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