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Mandatory minimum for child sex abuse material is unconstitutional, says Quebec court
- On Monday, the Quebec Court of Appeal ruled that the mandatory one-year minimum sentence for distributing child sexual abuse material is unconstitutional, reducing the defendant's prison term to time served and probation.
- The Supreme Court struck down mandatory minimums for accessing or possessing such material last year, and the panel weighed the defendant's limited mental capacity—he had a mental age of 8 to 11 years.
- Justice Mark Schrager wrote that imprisoning this offender disregards individualization; the Court analyzed hypothetical scenarios to determine if mandatory sentences violate the Charter, noting the material was "particularly repugnant."
- Although legislation adopted last month allows judges to bypass mandatory minimums if "grossly disproportionate," Justice Schrager noted the law, coming into force on July 19, 2026, would not alter this outcome.
- This ruling arrives as Canada's child protection advocates urge dark-web administrators to block millions of child-abuse images, highlighting tensions between mandatory sentencing and the constitutional requirement for judicial discretion.
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18 Articles
18 Articles
The Toronto Star+17 Reposted by 17 other sources
Mandatory minimum for child sex abuse material is unconstitutional, says Quebec court
MONTREAL - Quebec's highest court has concluded that the minimum one-year sentence for distribution of child sexual abuse material is unconstitutional.
·Toronto, Canada
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Total News Sources18
Leaning Left10Leaning Right0Center8Last UpdatedBias Distribution56% Left
Bias Distribution
- 56% of the sources lean Left
56% Left
L 56%
C 44%
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