(Ottawa) The Supreme Court of Canada will review the constitutionality of mandatory minimum sentences for child pornography crimes.
The top court’s decision to reexamine the case stems from Quebec court decisions regarding the sentencing of two accused.
The Quebec Court of Appeal ruled last June that the mandatory minimum sentence of one year in prison for possession of child pornography or access to this material violated the provision of the Canadian Charter of Rights and Freedoms which protects against “penalties cruel and unusual.”
The Court of Appeal also considered that this violation could not be justified in a free and democratic society, under section 1 of the Charter.
The Crown then asked the Supreme Court for leave to appeal this invalidation.
As usual, the country’s highest court gave no reason why it agreed to hear the case, and no date has been set for the hearing.
This is the most recent mandatory minimum sentencing case to come before the courts.