Supreme Court strikes down mandatory minimum sentences for child pornography possession

The Supreme Court of Canada has ruled that mandatory minimum jail sentences for possessing or accessing child pornography violate the Charter of Rights and Freedoms.

In its decision released Friday, the court found that the one-year minimum sentence removes a judge’s ability to consider individual circumstances and impose a more appropriate penalty when warranted. While the mandatory sentence was designed to promote denunciation and deterrence, the court said it also risked resulting in punishment that is cruel or unusual under Section 12 of the Charter.

The ruling upholds a previous decision by the Quebec Court of Appeal, which struck down the provisions on similar grounds. That decision arose from the cases of two men who had pleaded guilty to possession and access offences.

Federal prosecutors had appealed to the Supreme Court, arguing that such crimes cause deep and lasting harm to victims and society, and that strong penalties were necessary to reflect their seriousness.

The judgment reaffirms judicial discretion in sentencing, a key aspect of Canada’s criminal justice system. Legal experts say the decision could influence how courts handle sentencing provisions for other offences with mandatory minimums.