Mandatory minimum child pornography sentences unconstitutional, SCC rules
OTTAWA — The Supreme Court of Canada says the one-year mandatory minimum jail sentences for accessing or possessing child pornography are unconstitutional.
In a ruling today, the top court says although the sentences contribute to the objectives of denunciation and deterrence, they also remove judges’ discretion to impose sentences other than imprisonment when appropriate.
The decision affirms a ruling of the Quebec Court of Appeal, which said the mandatory minimum sentences violated the Charter guarantee against cruel or unusual punishment.
h/t NeoCon
