Mandatory minimum for child sex abuse material is unconstitutional, says Quebec court

Quebec's highest court has declared the mandatory one-year minimum sentence for distributing child sexual abuse material unconstitutional. The Court of Appeal issued its decision on Monday, addressing the case of a man who had pleaded guilty to possessing, accessing, and distributing such material in 2018.

The panel determined that imposing the original 12-month jail sentence would constitute cruel and unusual punishment, particularly given the defendant's intellectual disability and mental health conditions. Consequently, the court reduced his sentence to six months, to be served in the community, alongside probation and a strict list of conditions, accounting for time already spent in detention.

This ruling aligns with a previous decision by the Supreme Court of Canada. Last year, the nation's highest court struck down mandatory one-year minimum jail sentences for the acts of accessing or possessing child sexual abuse material. The Supreme Court had concluded that such mandatory minimums can be constitutionally vulnerable because they remove judicial discretion, forcing courts to impose sentences that may be grossly disproportionate for certain offenders.