Status: S-240 passed 1st Reading in the Senate. C-16 passed 1st Reading in the House of Commons.
Description: Bill S-240 would use the notwithstanding clause to declare that mandatory minimum sentences for possessing or accessing child pornography continue to operate notwithstanding the Supreme Court’s ruling that these penalties are unconstitutional. Bill C-16 would maintain mandatory minimum penalties without using the notwithstanding clause by giving the courts some discretion to impose a lesser sentence in particular cases.
Analysis: Mandatory minimum sentences indicate the severity of a crime and are generally reserved for the most egregious crimes. Bill S-240 and Bill C-16 would maintain minimum sentences for possessing or accessing child pornography and would continue to highlight the severity of such crimes. The scourge of child pornography justifies a mandatory minimum sentence for offenders.
