QUESTION PERIOD — Ministry of Justice
Mandatory Minimum Penalties
November 19, 2025
Minister, on October 31, 2025, in a five-four split decision in the Senneville ruling, the Supreme Court of Canada struck down the mandatory minimum one-year prison sentence for possession of child pornography and accessing child pornography, declaring the sentence unconstitutional. This ruling deeply shocked a large part of the Canadian population.
My question is simple. Does the Liberal government intend to respond to this decision by using the constitutional lever that is the notwithstanding clause, or has it voluntarily deprived itself of this option by challenging Quebec’s Bill 21 before the Supreme Court, an intervention which, I would remind you, cost $2 million for 22 pages of arguments?
Thank you for the question. I will soon be introducing a bill that will address this Supreme Court decision.
When we’re dealing with sexual crimes against children — sexual exploitation and abuse material — we are dealing with some of the most heinous crimes that exist in Canada. The criminal law should respond and punish those who are abusing children and committing these horrible acts of violence against kids.
The Supreme Court identified a fairly narrow area that gave them concern about the constitutionality. I believe that we can address that fairly simply through the constitutional tools available and at our disposal today. I think we can act more quickly by operating within the boundaries of the Constitution without necessarily immediately going to the “notwithstanding” clause in order to address this specific and acute need to act.
There was a gap left after the Senneville decision. We’re going to fill that gap, and we are going to do so very quickly.
Minister, I appreciate your answer. However, what concrete measures do you plan to take to ensure that minimum sentences for child pornography offences remain sufficiently dissuasive and reflect the severity of the crimes?
Beyond the political debate, there’s a moral imperative here, as you’ve rightly pointed out, to protect children vigorously and consistently.
I completely agree that this isn’t a partisan issue, because it is essential to be able to defend our children who are the most vulnerable people in our society.
As for strategies related to the Supreme Court of Canada decision, we’re currently finalizing our recommendations. I need to speak with my counterparts in cabinet in order to move the bill forward in the House of Commons. Certain issues relate to my colleagues’ parliamentary privileges.
I wish to have the opportunity to complete the policy development process, put forward a bill and discuss openly with both chambers in a short period of time.
