S-240 (45-1) - An Act to amend the Criminal Code (declaration of exception pursuant to subsection 33(1) of the Charter for mandatory minimum sentences for child sexual abuse and exploitation material offences)
Chamber
senate
Stage
1st Reading
Introduced
Nov 5, 2025
Progress
This bill uses the Charter's notwithstanding clause to protect mandatory minimum sentences for child sexual abuse material offences from being struck down by courts.
Key Changes
- Invokes the notwithstanding clause (Section 33 of the Charter) for mandatory minimum sentences related to child sexual abuse material offences
- Prevents courts from striking down mandatory minimums for possession of child sexual abuse and exploitation material using Section 12 of the Charter
- Prevents courts from striking down mandatory minimums for accessing child sexual abuse and exploitation material using Section 12 of the Charter
- Amends Section 163.1 of the Criminal Code by adding a new subsection (4.11)
Gotchas
- The notwithstanding clause expires after five years unless renewed, meaning Parliament would need to re-invoke it to keep the protection in place long-term
- This bill only shields mandatory minimums from Section 12 (cruel and unusual punishment) Charter challenges — other types of legal challenges may still be possible
- Use of the notwithstanding clause is constitutionally permitted but historically rare at the federal level, making this a significant procedural step
- The bill does not change the actual length of the mandatory minimum sentences themselves — it only protects existing minimums from being invalidated by courts
- Invoking the notwithstanding clause removes judicial oversight over whether these specific sentences are proportionate in individual cases
Who's Affected
- Individuals convicted of possessing child sexual abuse and exploitation material
- Individuals convicted of accessing child sexual abuse and exploitation material
- Judges, who would lose discretion to deviate from mandatory minimums on Charter grounds
- Defence lawyers and Crown prosecutors handling these cases
Vibes
0 responses
Gotchas
- The notwithstanding clause expires after five years unless renewed, meaning Parliament would need to re-invoke it to keep the protection in place long-term
- This bill only shields mandatory minimums from Section 12 (cruel and unusual punishment) Charter challenges — other types of legal challenges may still be possible
- Use of the notwithstanding clause is constitutionally permitted but historically rare at the federal level, making this a significant procedural step
- The bill does not change the actual length of the mandatory minimum sentences themselves — it only protects existing minimums from being invalidated by courts
- Invoking the notwithstanding clause removes judicial oversight over whether these specific sentences are proportionate in individual cases
Summary
This bill amends the Criminal Code to invoke the 'notwithstanding clause' (Section 33 of the Canadian Charter of Rights and Freedoms) for mandatory minimum sentences related to possessing and accessing child sexual abuse and exploitation material. By doing this, Parliament is declaring that these mandatory minimum sentences will remain in force even if a court finds they violate Section 12 of the Charter, which protects against cruel and unusual punishment. Section 12 of the Charter has been used by courts in the past to strike down certain mandatory minimum sentences that judges found to be disproportionate or too harsh in specific cases. This bill is a direct response to that possibility, shielding these particular minimums from being removed by judicial decisions. The bill was introduced in the Senate by Senator Housakos. It affects how judges must sentence individuals convicted of possessing or accessing child sexual abuse and exploitation material — they would be required to apply the mandatory minimum sentences regardless of individual circumstances or Charter challenges based on cruel and unusual punishment.
Automatically generated from bill text using Claude
Vibes
0 responses