US EditionFraser dismisses using notwithstanding clause to overturn ruling on child pornography
Justice Minister Sean Fraser opposes overriding constitutional rights despite pressure from some premiers and opposition leaders to toughen child pornography sentencing laws.
- On November 4, 2025, Justice Minister Sean Fraser rejected calls to use the Constitution's notwithstanding clause to overturn the Supreme Court of Canada ruling on child pornography.
- Last Friday, the Supreme Court of Canada ruled that one-year mandatory minimum jail sentences remove judges' discretion and breach the Charter guarantee against cruel and unusual punishment, affirming the Quebec Court of Appeal.
- Alberta Premier Danielle Smith and federal Conservative Leader Pierre Poilievre expressed support for invoking the notwithstanding clause, while Doug Ford, Premier, said Tuesday it should be used when courts go `offside`.
- Fraser says the government is exploring legislative options, eyeing new legislation with harsher penalties as officials conduct a policy exercise to protect children.
- The episode has triggered a broader conversation about the notwithstanding clause and Canadian legislatures' authority, with Sean Fraser saying he does not assume political malice.
24 Articles
24 Articles
Ottawa Won’t Use Notwithstanding Clause to Reverse Court Ruling Against Mandatory Child Porn Sentences: Justice Minister
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’…
On Friday, the Supreme Court ruled that the minimum sentences of one year in prison for this reason were unconstitutional.
Justice Minister Sean Fraser rejected appeals to use the Constitution's derogation clause to overturn a Supreme Court of Canada decision on child pornography.
Winnipeg Free Press
Fraser dismisses using notwithstanding clause to overturn ruling on child pornography
Breaking News, Sports, Manitoba, Canada
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