Justice Minister Sean Fraser has announced the federal government will introduce legislation to restore mandatory minimum penalties for child pornography offenses recently struck down by the Supreme Court of Canada.
Legislative Response to Court Decision
In an exclusive interview with National Post, Fraser revealed he plans to table a bill before the end of 2025 that will address constitutional concerns while ensuring serious penalties for what he described as "heinous" crimes against children. The minister acknowledged that many existing mandatory minimum laws were drafted too broadly, potentially capturing situations where they might be considered excessively harsh.
"There is a gap that exists today that I believe the government of Canada and Parliament needs to fill by adopting a legislative solution that would ensure that those serious cases of abuse are met with serious penalties," Fraser stated during the Friday interview.
Supreme Court Ruling Sparks Controversy
The upcoming legislation comes in response to an October 31 Supreme Court decision that struck down mandatory minimum sentences for possession and access to child pornography. The case involved two Quebec men who pleaded guilty to possessing hundreds of images depicting children as young as three years old being severely abused.
However, a five-judge majority of the nine-member court based their decision on a different hypothetical scenario: an 18-year-old offender receiving unsolicited nude images from a 17-year-old. The court ruled that in such "plausible" cases, the mandatory one-year minimum sentence would constitute cruel and unusual punishment, rendering it unconstitutional.
The ruling prompted significant political backlash, with Conservative Party leader Pierre Poilievre calling the decision "dead wrong" and premiers including Doug Ford and Danielle Smith expressing outrage.
Balancing Justice and Constitutionality
Fraser emphasized that the new legislation would specifically target the narrow circumstances identified by the Supreme Court while maintaining strong penalties for genuine child exploitation cases. "The Supreme Court of Canada has given us a set of very narrow circumstances that they have signalled would result in grossly disproportionate penalties," he explained.
The justice minister indicated the changes would be incorporated into broader legislation promised in October aimed at better protecting victims of sexual and intimate partner violence. Fraser also noted the bill would address multiple mandatory minimum penalties the Supreme Court has invalidated since 2015.
Fraser expressed support for mandatory minimum penalties in principle for serious crimes, particularly those involving children, but acknowledged the need for legislation that accounts for circumstances not originally contemplated when the laws were drafted.
