N.S. Justice minister condemns Supreme Court ruling on minimum child pornography sentence

The Nova Scotia Justice minister is critical of the Supreme Court’s decision on mandatory minimum sentence for child pornography offences.

Nova Scotia’s Justice minister is criticizing a Supreme Court of Canada ruling that struck down mandatory minimum sentences for child pornography offences, but legal experts say the decision may strengthen fairness in sentencing.

In a five-to-four decision, the country’s top court ruled the one-year mandatory minimum jail term for possessing or accessing child sexual abuse material is unconstitutional. The majority said the provision could unfairly punish less serious offenders,

Justice Minister Scott Armstrong called the decision “deeply troubling,” warning that it weakens deterrence and sends the wrong message to offenders.

“Nova Scotians should be able to expect that sentences for those who commit horrible crimes will protect the public and not leave victims feeling more vulnerable,” Armstrong said.

Armstrong said he plans to meet with federal Justice Minister Sean Fraser to push for legislative changes that would restore stronger penalties for those convicted of child exploitation crimes.

Wayne MacKay, a law professor at Dalhousie University, says the court’s ruling does not minimize the severity of the crimes, but instead reaffirms that sentencing must remain fair and proportionate.

“The crime is very serious,” MacKay said. “But our legal system also says the penalty must fit the crime. It can’t be cruel or excessive.”

A case that prompted the ruling involved an 18-year-old who received an explicit photo from a 17-year-old partner, which is an offense that, under the previous law, would have carried an automatic year in jail.

MacKay says mandatory minimums often ignore the full context of a case, leaving judges unable to consider factors like intent, age or rehabilitation. He says that allowing discretion doesn’t mean offenders will walk free; it simply ensures sentences will better reflect the facts.

“Nobody doubts that child exploitation is one of the most serious offences in our criminal law,” he said. “But fairness requires that we look at what actually happened, not just apply a one-size fits all sentence.”

The court’s majority opinion noted judges still have the authority to impose lengthy jail terms in serious cases, but should also be able to hand down lesser sentences when appropriate.

MacKay says that flexibility helps preserve public confidence in the justice system.

“Justice isn’t just about being tough on crime. It’s about being just and that means avoiding punishments that go beyond what’s fair or necessary,” he said.

While Nova Scotia is calling on Ottawa to strengthen sentencing laws, the federal government has not said whether it will amend the legislation or consider invoking the notwithstanding clause to reinstate the mandatory minimum.

The RCMP, which now refers to the crime as “child sexual abuse and exploitation material,” says online investigation remain a priority.

“Once you share a video or image online, you lost control of it,” said Const. Mandy Edwards. “That image can end up anywhere, in the wrong hands.

Police say the ruling won’t change how they investigate online exploitation cases, which continue to rise across Canada.

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