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, arguing that sentences must reflect the reprehensible nature of the offences. Prosecutors said the sentences also need to reflect the harm done to victims, their families, and society.
The Supreme Court said that although the sentences contribute to denunciation and deterrence, they do not allow for judges’ discretion to impose sentences other than imprisonment….