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.
51 Articles
51 Articles
EDITORIAL: Child porn ruling discredits justice system
The Supreme Court of Canada’s 5-4 decision to strike down a one-year mandatory minimum sentence for accessing or possessing child pornography is yet another example of why Canada is never going to be tough on crime.
Supreme Court Says Mandatory Minimum Sentences for Child Pornography Crimes ‘Unconstitutional’
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.” The Crown brought the case to the Supreme Court, arg…
TVA Nouvelles
Le Journal de QuebecThe Supreme Court invalidates certain mandatory minimum sentences when they are too severe, even in cases of child pornography.
The Supreme Court declared the minimum one-year prison sentence for child pornography unconstitutional.
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