US EditionMandatory minimum child pornography sentences unconstitutional, Supreme Court rules
- The Supreme Court of Canada struck down one-year mandatory minimum jail sentences for possessing or accessing child pornography as unconstitutional in a narrow 5-4 ruling reported Oct. 31, 2025.
- The challenge argued the mandatory minimums violated the Charter of Rights by imposing cruel punishment and removing judicial discretion to impose noncustodial sentences.
- Two men in Quebec brought the challenge after pleading guilty to offences involving hundreds of images, including victims as young as three, while the court examined an 18-year-old hypothetical where a conditional discharge might fit better than imprisonment.
- The governing Liberals vowed to crack down further on sentencing and bail conditions for serious, violent and sexual offences, while the Crown argued these crimes must be strongly denounced, a position the court weighed before dismissing the appeal.
- Since 2015, the Supreme Court of Canada has struck down mandatory minimums, and in 2023, Hills and Bertrand Marchand found such laws unconstitutional when hypotheticals showed excessiveness.
28 Articles
28 Articles
The Supreme Court declared the minimum one-year prison sentence for child pornography unconstitutional.
Alberta's Smith calls on Ottawa to use notwithstanding clause over child porn ruling (Alberta)
Alberta Premier Danielle Smith is calling on the federal government to invoke the Charter's notwithstanding clause to overturn a Supreme Court ruling on child pornography. The top court has ruled that one-year mandatory minimum sentences for accessing or possessing child pornography are unconstituti...
Supreme Court strikes down 1 year mandatory minimum for possession and access to child porn
OTTAWA -- Canada's top court narrowly ruled Friday to strike down the one-year mandatory minimum sentence requirement for the possession and access of child pornography after examining the way such a punishment could impact the situation involving an 18-year-old sexting.
Mandatory sentences of one year's imprisonment deprive judges of their discretion, the Supreme Court decides.
The Supreme Court of Canada has declared the mandatory minimum sentences of one year's imprisonment for possession or access to child pornography unconstitutional.
Coverage Details
Bias Distribution
- 60% of the sources lean Left
Factuality
To view factuality data please Upgrade to Premium
