October 31,2025
RED FM News Desk
The Supreme Court of Canada has ruled that mandatory minimum jail sentences for child pornography are unconstitutional, saying they can lead to unfair and overly harsh punishments.
The decision came after two Quebec men, Mr. Senneville and Mr. Naud, challenged the one-year mandatory minimum sentence for possessing and accessing child pornography. They argued that the law could force judges to hand down sentences that don’t fit the crime.
The Supreme Court agreed, finding that the law violates the ‘Canadian Charter of Rights and Freedoms’, which protects against cruel and unusual punishment.
Justice Michelle Moreau, writing for the majority, said judges must have the ability to give sentences that are fair and proportionate to each case. She explained that a law becomes unconstitutional when it requires a punishment that is “grossly disproportionate” , far too severe for the situation.
As an example, the Court described an 18-year-old who briefly keeps an intimate image of a 17-year-old on his phone. A one-year prison term for that offence, it said, would be much too harsh.
The ruling means judges will now have more flexibility to impose fair sentences that reflect the facts of each case, rather than being bound by strict minimum jail terms.
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