Ottawa moves to restore mandatory jail for child predators after Conservative push
Facing massive pressure from Conservative MPs and provincial premiers, Ottawa is finally moving to restore mandatory jail time for child predators.
Author: Alex Zoltan
Facing massive pressure from Conservative MPs and provincial premiers, Ottawa is finally moving to restore mandatory jail time for child predators after a controversial Supreme Court ruling struck down the stricter penalties. The government has unveiled sweeping criminal justice reforms aimed at ensuring tougher sentences for those who possess or access child sexual abuse material.
The legislation, which passed first reading in the House on Tuesday, also introduces new offences for coercive control in intimate relationships and non-consensual deepfakes. It would also classify certain murders linked to hate, femicide or exploitation as first-degree murder.
The legislation restores mandatory minimum sentences for child abuse sexual material, which the Supreme Court of Canada declared unconstitutional in October. It does so by “allowing judicial discretion to order another sentence of imprisonment, where applying the specific mandatory minimum would be grossly disproportionate.”
In plain English, the proposed legislation means those convicted of crimes carrying mandatory imprisonment would still face jail time. However, judges could impose a reduced term in narrowly defined cases, with murder and high treason excepted.
It remains unclear if such limited discretion will satisfy the Supreme Court.
Conservative MP Andrew Lawton played a key role in pushing for stiffer sentences through his work on the House of Commons Standing Committee on Justice and Human Rights.
“We understand that numerous figures in this country, including provincial premiers, have called on the federal government to invoke the notwithstanding clause and reinstitute mandatory minimum sentences for those who traffic in and view child sexual exploitation and abuse material,” said Lawton in reference to his advocacy on the subject during the ongoing standing committee on justice and human rights.
A December 2 committee report signed by exiting committee chair Marc Miller called on the government to reinstitute mandatory minimums for crimes related to child sexual exploitation material, potentially using the notwithstanding clause to override the high court’s decision.
Liberal MP James Maloney has since replaced Miller as justice committee chair following Miller’s appointment to Minister of Canadian Identity and Culture.
Lawton, who represents Elgin—St. Thomas—London South, has focused much of his time on substantive criminal justice reforms, particularly as they related to the Supreme Court’s ruling.
Liberal MPs, meanwhile, have focused much of their attention in the justice committee on Bill C-9 — a hate-speech bill formally known as the Combatting Hate Act. It proposes amendments to the Criminal Code to address hate propaganda, hate crimes and access to religious or cultural places.
Bill C-9 has faced widespread unpopularity and backlash since its first reading in September. Critics from legal scholars, civil liberties groups and diverse communities argue it represents an overreach on free speech.
At the heart of the debate is a Bloc Québécois amendment to repeal a subsection of the Criminal Code, which currently provides a defence for hate propaganda offences, stating that “no person shall be convicted of an offence” if the accused person “expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text.”
The Supreme Court has recognized this defence as essential to upholding the constitutionality of hate-speech laws, balancing freedoms of expression and religion.