OTTAWA — Conservatives are calling on the Liberal government to invoke the notwithstanding clause after Quebec’s highest court struck down the mandatory minimum sentence for distributing child sexual abuse material.In a statement released Friday, the Conservative’s new justice critic Arpan Khanna said the Quebec Court of Appeal’s ruling sends “a deeply troubling message” to victims of child sexual abuse.“Monday’s decision is yet another devastating blow for victims of child sexual abuse and for every Canadian who believes our justice system must put the protection of children first,” Khanna said.“For victims who have endured unimaginable suffering, hearing that it’s ‘cruel and unusual’ to put their abusers behind bars for at least one year sends a deeply troubling message about whose rights our justice system is prioritizing.”The comments come after the Quebec Court of Appeal ruled Monday that the Criminal Code’s mandatory minimum one-year prison sentence for distributing child sexual abuse material violates the Charter of Rights and Freedoms in certain cases involving “vulnerable offenders”.The case involved a man who pleaded guilty in 2018 to possessing, accessing and distributing child sexual abuse material. .Court records show he possessed more than 600 images and 150 videos depicting children between the ages of three and 13 being sexually abused, and admitted to sending 73 files to another person through Skype.The appeal court concluded that imposing the mandatory minimum sentence on the offender, who has a significant intellectual disability and mental health conditions, amounted to cruel and unusual punishment. It replaced his 12-month jail sentence with a six-month conditional sentence to be served in the community, followed by probation.Justice Mark Schrager wrote that imprisonment would disregard the principle of individualized sentencing and undermine the offender’s prospects for rehabilitation.Khanna said the facts of the case demonstrate why Parliament should strengthen, rather than weaken, penalties.“Every image and video came from a child victim who was abused, exploited and had their life profoundly harmed,” he said.“The predators who possess and/or distribute child sexual abuse material contribute to the continued victimization of children who deserve protection, justice and a voice.”Khanna also accused the Liberal government of weakening accountability within the justice system.“The Liberal government has repeatedly weakened accountability in our justice system by creating opportunities for serious offenders to receive reduced sentences that do not reflect the severity of their crimes,” he said.He urged the government to respond by using the notwithstanding clause to preserve mandatory prison terms.“Conservatives reiterate our call for the government to use all available tools, including the Notwithstanding Clause, to protect the most vulnerable in our society,” Khanna said. “We will always stand with victims and fight to restore a justice system that keeps criminals in jail and protects our children.”The Quebec ruling follows a Supreme Court of Canada decision last year striking down the mandatory minimum one-year sentences for possessing and accessing child sexual abuse material on constitutional grounds.
