Conservative Leader Pierre Poilievre says a future Conservative government would invoke the notwithstanding clause to overturn the Supreme Court’s recent decision striking down mandatory minimum sentences for accessing or possessing child pornography.
The top court’s 5–4 ruling on Friday found that one-year minimum prison terms for such offences were unconstitutional, citing the risk of “grossly disproportionate punishment.” The decision immediately drew sharp backlash from federal and provincial leaders.
“This ruling is wrong-headed,” Poilievre told CBC News. “My future government will reintroduce mandatory prison sentences for possession of child pornography so that dirtbags like this go away for a very long time.”
Supreme Court divided on mandatory minimums
The ruling stemmed from two Quebec cases where men were convicted of possessing hundreds of abusive images of children, some as young as three. Both challenged their sentences, arguing the Criminal Code’s minimum term violated the Charter of Rights and Freedoms.
Writing for the majority, Justice Mary Moreau said the law failed to account for the wide range of scenarios that can lead to conviction — from organized offenders to impulsive young adults receiving unsolicited files online.
The dissenting justices, Richard Wagner and Suzanne Côté, argued for upholding the one-year minimum, saying sentences for sexual offences against minors must reflect society’s “deep and rightful indignation.”
Provincial premiers back Poilievre’s stance
Premiers Danielle Smith (Alberta), Doug Ford (Ontario), and Scott Moe (Saskatchewan) joined Poilievre in condemning the ruling and urged Ottawa to invoke the notwithstanding clause.
“These people are predators,” Ford wrote. “Disgusting scumbags who prey on children belong behind bars for the rest of their miserable lives.”
Smith called the majority decision “outrageous,” saying even a one-year minimum was “far too lenient,” while Moe argued that “elected legislators, not unelected judges,” should make laws on sentencing.
Ottawa reviewing implications
A spokesperson for Attorney General Sean Fraser said the federal government is “carefully reviewing” the decision.
“Crimes that exploit or abuse children are among the most serious and reprehensible in our society,” said Lola Dandybaeva, adding that offenders “should face the toughest penalties Canadian law allows.”
The Canadian Centre for Child Protection, which intervened in the case, said the outcome aligns with past rulings against mandatory minimums but welcomed the court’s recognition of the growing harm caused by child exploitation material and AI-generated abuse.
If elected, Poilievre’s proposed move would mark the first federal use of the notwithstanding clause, which allows Parliament or provinces to override certain Charter rights for up to five years.
