The Supreme Court of Canada has reinstated a mandatory minimum sentence for obtaining sexual services from a minor, overturning a lower court decision that had struck down the penalty as unconstitutional. The ruling, issued on July 10, 2026, restores a one-year minimum prison term for the offense, which was originally enacted as part of the Protection of Communities and Exploited Persons Act in 2014.
Background of the Case
The case originated in Ontario, where a trial judge found the mandatory minimum violated Section 12 of the Charter of Rights and Freedoms, which protects against cruel and unusual punishment. The Ontario Court of Appeal upheld that decision, prompting the Crown to appeal to the Supreme Court. In a 6-3 decision, the high court ruled that the mandatory minimum does not constitute cruel and unusual punishment and is a proportionate response to the serious harm caused by the sexual exploitation of minors.
Impact and Reactions
Justice Minister Arif Virani welcomed the decision, stating that it affirms the government's commitment to protecting children. "This ruling sends a clear message that those who exploit minors will face serious consequences," he said in a statement. Critics, however, argue that mandatory minimums remove judicial discretion and can lead to unjust outcomes in certain cases. The decision is expected to affect several ongoing cases where the minimum sentence had been challenged.
