Quebec court strikes down mandatory minimum sentences for child pornography

A Quebec court has struck down key mandatory minimum sentences for child-pornography offences, though it has also increased the punishment imposed on the woman convicted in the case.

In a ruling published April 29, the Quebec Court of Appeal upheld a lower court’s finding that one-year mandatory minimum sentences for making, distributing and possessing child pornography violate the Canadian Charter protection against cruel and unusual punishment.

The court declared invalid the minimums for making and distributing such material. Justice Patrick Healy held that “a mandatory minimum sentence is inconsistent with principles of individualized sentencing.”

The court also allowed the Crown’s appeal of the original sentence, finding it too lenient. A three-month intermittent jail term was quashed, replaced with conditional sentences of 12 months for making and distributing child pornography and nine months for possession, to be served in the community under strict conditions.

This particular case involved a 54-year-old woman. She had no prior criminal record. She had pleaded guilty to making, distributing and possessing child pornography over a period of about a week in 2019, including images depicting children as young as five.

While the court stressed that sentences for such offences must prioritize denunciation and deterrence, it also pointed to “strong evidence of rehabilitation and no risk of recidivism” in deciding she could serve her sentence in the community.

It also held that Quebec’s attorney general can participate directly as a party in criminal appeals to argue broader constitutional issues, alongside prosecutors. 

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