Bill Detail
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)
This enactment amends section 163.1 of the Criminal Code to declare that paragraphs 163.1(4)(a) and 163.1(4.1)(a) — which include mandatory minimum sentences for the offences of possession of child sexual abuse and exploitation material and accessing child sexual abuse and exploitation material, respectively — operate notwithstanding section 12 of the Canadian Charter of Rights and Freedoms.
Bill S-240 proposes to amend the Criminal Code to ensure that mandatory minimum sentences for child sexual abuse and exploitation material offences will still apply, even if they are found to be contrary to Section 12 of the Canadian Charter of Rights and Freedoms. This section of the Charter protects individuals from cruel and unusual treatment or punishment. The bill essentially states that these specific mandatory sentences are so important for protecting children that they should remain in place regardless of potential Charter challenges.