Conservative politicians and Canadians are in an uproar after the Supreme Court of Canada ruled that a mandatory one-year sentence for possessing or accessing child pornography is “unconstitutional.”
The Supreme Court released its ruling on October 31 in a 5-4 decision. The court dismissed the Crown’s appeal of the ruling n 2025 SCC 33 (File No. 40882). The ruling upholds a Quebec Court of Appeal decision, meaning that in such cases moving forward it will be up to the judge to hand over a ruling.
The case was based on a recent argument made by two men from Quebec, who had pleaded guilty to child pornography offenses. The two had argued that a one-year jail sentence was a violation of their Charter right of not being a party to “cruel and unusual treatment or punishment.”
It was the Crown that had asked the Supreme Court to rule that having child pornography is a grave offense worthy of strict sentences, noting the harm it causes the victims and families.
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