Canada's Supreme Court ruled on Friday to eliminate the one-year mandatory minimum sentence for possession and access of child pornography. The decision came after the court examined the implications of such a sentence on a hypothetical 18-year-old involved in sexting. The ruling was a narrow 5-4 decision from a nine-judge panel, which considered a case involving two men from Quebec who had pleaded guilty to possessing hundreds of images depicting severe abuse of children as young as three.

The majority opinion, written by Justice Mary Moreau, stated that the mandatory minimum sentences were unconstitutional. The court noted that the crimes encompass a wide range of conduct, which could violate the Charter's protection against cruel and unusual punishment. “Parliament is free to create mandatory minimum sentences, but these sentences are constitutionally vulnerable when they are associated with crimes that encompass a wide range of conduct,” Moreau wrote.

In response to the ruling, a spokeswoman for Attorney General and Justice Minister Sean Fraser indicated that the federal government is reviewing the decision. “Crimes that exploit or abuse children are among the most serious and reprehensible in our society. Plain and simple: child abusers should face the toughest penalties Canadian law allows,” said Lola Dandybaeva.

The decision has sparked immediate backlash from conservative politicians across Canada. Saskatchewan Premier Scott Moe expressed his belief that “elected legislators, not unelected judges,” should create laws. Alberta Premier Danielle Smith and Ontario Premier Doug Ford urged the federal government to reinstate the one-year mandatory sentence using the notwithstanding clause, which would allow them to override the court's decision. Ford stated, “These people are predators. Disgusting scumbags who prey on children belong behind bars for the rest of their miserable lives.”

Opposition Conservative Leader Pierre Poilievre also criticized the ruling, declaring that his future government would reintroduce mandatory minimum sentences for possession of child sexual abuse material. He described the Supreme Court's decision as “dead wrong.”

The notwithstanding clause is a provision in the Charter that allows Parliament to override certain rights, leading to ongoing debates about its appropriate use. Fraser's spokesperson confirmed that the Liberal government remains committed to implementing measures aimed at better protecting children, as promised by Prime Minister Mark Carney during the April federal election.

The case reached the Supreme Court after Quebec’s Court of Appeal dismissed an earlier appeal from the Crown, which had confirmed a lower court's ruling that the mandatory minimum sentences violated the Charter. The two men involved had pleaded guilty to possessing a total of 1,006 files containing images and videos of children aged three to ten being sexually abused. Neither had a prior criminal record, and one was 28 years old at the time of the offense.