By Fralambert - Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=48114456
OTTAWA — The Conservative Party of Canada is calling on Parliament to act after Quebec’s highest court ruled a mandatory minimum one-year prison sentence for distributing child sexual abuse material unconstitutional.
The Quebec Court of Appeal issued the decision Monday in the case of a man who pleaded guilty in 2018 to possessing, accessing and distributing child sexual abuse material.
The court concluded imposing the one-year mandatory minimum sentence would constitute cruel and unusual punishment given the offender’s intellectual disability and mental health conditions.
The case involved more than 600 images and 150 videos of child sexual abuse material, including material involving children between three and 13 years old.
Court records showed the offender sent 73 files to another person.
The decision follows a 2025 Supreme Court of Canada ruling striking down mandatory minimum sentences for possessing and accessing child sexual abuse material.
Conservative justice critic Arpan Khanna said the latest decision sends a troubling message to victims and Canadians concerned about protecting children.
“Every image and video came from a child victim who was abused, exploited and had their life profoundly harmed,” Khanna said.
“The predators who possess and/or distribute child sexual abuse material contribute to the continued victimization of children who deserve protection, justice and a voice.”
Khanna said Parliament must respond to the Supreme Court and Quebec Court of Appeal decisions to ensure people convicted of child sexual abuse material offences face significant consequences.
The Conservatives are calling on the federal government to consider all available measures, including use of the notwithstanding clause, to protect mandatory minimum sentences for such offences.
The notwithstanding clause allows Parliament or provincial legislatures to temporarily override certain sections of the Canadian Charter of Rights and Freedoms for renewable periods of up to five years.
Khanna accused the Liberal government of weakening accountability in the criminal justice system and said victims and their families have been left questioning whether offenders are receiving appropriate sentences.
“The safety of our children is not negotiable,” Khanna said.
“After the decision of the Supreme Court and now the Quebec Court of Appeal, Parliament must act to ensure these abusers are kept behind bars.”
The federal government announced in June that legislation restoring mandatory minimum sentences for some child sexual offences had become law as part of broader changes to the Criminal Code.
The Conservatives say further action is required following the latest court decision and are urging the government to use the notwithstanding clause to preserve mandatory prison sentences for people convicted of child sexual abuse material offences.
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