Alberta Premier Danielle Smith is calling on the federal government to invoke the Constitution’s notwithstanding clause following a Supreme Court of Canada ruling that struck down mandatory minimum sentences for child pornography offences.In a 5–4 decision released Friday, the Supreme Court found that the one-year mandatory minimum jail terms for possessing or accessing child pornography were unconstitutional, violating the Charter’s protection against cruel and unusual punishment.The ruling upheld a Quebec Court of Appeal decision and restored full judicial discretion in sentencing for these offences..Writing for the majority, Justice Michelle Moreau said the Criminal Code provisions imposed grossly disproportionate punishment in reasonably foreseeable cases, such as when an 18-year-old briefly retains a nude image sent by a 17-year-old partner.The court concluded that in such low-end situations, a conditional discharge could be appropriate, and that a fixed one-year jail floor would overreach Parliament’s objectives of denunciation and deterrence.The dissenting justices, including Chief Justice Richard Wagner, said the majority’s use of hypothetical cases weakened the seriousness of crimes involving the exploitation of minors..They argued that Parliament is entitled to emphasize denunciation and deterrence in setting sentences for such “profoundly harmful” offences.Smith sharply criticized the decision, calling it “outrageous” and urging Ottawa to act swiftly.“The possession of child pornography is a heinous crime,” she said. “Even a one-year minimum sentence is already far too lenient. The federal government must use the notwithstanding clause to overturn this ruling and ensure the protection of our children.”Ontario Premier Doug Ford also tweeted his outrage and called for actions from the feds.Their comments echo growing backlash from conservative politicians across the country. Federal Conservative justice critic Larry Brock described the court’s decision as “a disgusting and cruel insult to victims,” citing cases in which offenders possessed hundreds of explicit images of young children.He said the mandatory minimums were introduced by a previous Conservative government to toughen sentences for child sexual abuse material and called on the Liberals to “swiftly fix this travesty.”.With the court’s ruling, mandatory minimums for possessing and accessing child pornography under sections 163.1(4)(a) and 163.1(4.1)(a) of the Criminal Code are no longer in effect nationwide.Judges now have discretion to impose proportionate sentences, including non-custodial terms in exceptional, low-culpability cases.The federal government has not yet responded to Smith’s call for action.
