Overview
- The decision affirms the Quebec Court of Appeal’s finding that the minimums breach the Charter protection against cruel or unusual punishment.
- The cases arose from two Quebec men who pleaded guilty to accessing and possessing child sexual‑abuse material.
- The Crown argued the penalties were needed for denunciation and deterrence, but the court said fixed terms can produce unjust, disproportionate outcomes.
- The ruling restores judicial discretion to tailor sentences to the circumstances of the offence and the offender.
- The judgment sets a binding precedent for sentencing in child‑pornography possession and access cases across Canada.