OTTAWA – The Supreme Court of Canada says the one-year mandatory minimum jail sentences for accessing or possessing child pornography are unconstitutional.
In a ruling today, the top court says although the sentences contribute to the objectives of denunciation and deterrence, they also remove judges’ discretion to impose sentences other than imprisonment when appropriate.
The decision affirms a ruling of the Quebec Court of Appeal, which said the mandatory minimum sentences violated the Charter guarantee against cruel or unusual punishment.
The Court of Appeal decision flowed from the cases of two men who pleaded guilty to offences.
The Crown took its case to the Supreme Court, arguing that accessing and possessing child pornography must be denounced vehemently.
It said the sentences imposed must reflect the reprehensible nature of these offences as well as the harm caused to victims, their families and society.
This report by The Canadian Press was first published Oct. 31, 2025.
