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Is it 'cruel and unusual' for child pornography offenders to get mandatory jail time?

Supreme Court will examine the constitutionality of mandatory minimum sentences for child pornography offences after Quebec's top court declared them a Charter breach
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The Supreme Court of Canada will examine the constitutionality of mandatory minimum sentences for child pornography offences. Canada's top court is seen, Friday, June 16, 2023 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

OTTAWA — The Supreme Court of Canada will examine the constitutionality of mandatory minimum sentences for child pornography offences.

The top court's decision to review the matter flows from Quebec court rulings concerning the sentencing of two men.

The Quebec Court of Appeal ruled last June the mandatory minimum sentence of one year in prison for possessing child pornography or accessing such material breached the Charter provision against cruel and unusual punishment.

The Crown then sought leave to appeal from the Supreme Court. 

As usual, the high court gave no reasons for agreeing to hear the case, and no date has been set for a hearing.

It is the latest in a string of cases involving mandatory minimum sentences to come before the court.

The Canadian Press


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