Mandatory minimum sentences for child pornography unconstitutional

OTTAWA — The Supreme Court of Canada has ruled unconstitutional the mandatory minimum sentence of one year in prison for accessing or possessing child pornography.

 In a decision handed down today, the Supreme Court stated that while these sentences contribute to the objectives of deterrence and prevention, they also eliminate judges' discretion to impose punishments other than imprisonment when appropriate.

 The decision affirms the Quebec Court of Appeal's ruling that mandatory minimum sentences violate the Charter guarantee against cruel or unusual punishment.

 The Court of Appeal's decision is based on the cases of two individuals who pleaded guilty to these crimes.

 Rajkumar brought his case to the Supreme Court arguing that accessing and possessing child pornography should be strongly condemned.

 It stated that sentences imposed should reflect the reprehensible nature of these crimes as well as the harm caused to victims, their families, and society.