Canadian courts have routinely handed down sentences for possession of child sexual abuse material that fell below mandatory minimum requirements, according to a recent investigation by the Investigative Journalism Bureau.
Widespread Sentencing Discrepancies Uncovered
A comprehensive analysis of 100 cases between 2020 and 2025 revealed that one in three sentences for child pornography possession did not adhere to mandatory minimum sentencing requirements. While the average sentence across all cases was 20 months, judges imposed what they termed "exceptional sentences" in 30 out of 100 cases that fell below the legal minimum.
The data shows that in 19 of these 30 cases, convictions resulted in sentences under 12 months. Even more concerning, 17 of the 30 offenders were permitted to serve their sentences in the community rather than in prison facilities.
Legal Mechanisms for Circumventing Minimums
Legal experts indicate that mandatory minimum sentences are being bypassed through several methods within Canada's justice system. In some instances, charges are classified as "less serious" crimes, while in others, lower courts have declared the mandatory minimums unconstitutional, arguing they lead to "grossly disproportionate sentences."
One early example from the review occurred in March 2020 when an Alberta judge sentenced a man who had created and possessed child pornography involving a 15-year-old girl to 24 months to be served in the community. The judge's decision stated that "sending this accused to prison for a minimum of one year would outrage the standards of decency of most informed Canadians."
Recent Cases Highlight Sentencing Patterns
The pattern of below-minimum sentencing continued in recent years. In March 2024, a British Columbia judge sentenced a man to just six months in prison after he pleaded guilty to possessing child sexual abuse material depicting victims under five years old.
Later that year in November, a Brampton judge sentenced another man who pleaded guilty to possession of such material and was diagnosed with "pedophilic attraction" to a six-month conditional sentence to be served in the community.
These findings come amid significant legal developments. The Supreme Court struck down the 12-month mandatory minimum sentence for possession of child sex abuse material in October 2025 in a controversial decision that sparked public and political outrage.
In response, the federal government announced this week that it will propose amendments to allow reinstatement of mandatory minimums. Justice Minister Sean Fraser stated the proposed changes "would ensure that those serious cases of abuse are met with serious penalties."
Janelle Blackadar, who recently retired from the Toronto Police Service after nearly 20 years in the child exploitation unit, expressed deep concern about the sentencing trends. "Most people would agree — from the policing side — that it's not stringent enough," she said, calling the current approach to sentencing in child pornography cases "very disheartening."
