Fraser dismisses using notwithstanding clause to overturn ruling on child pornography

Justice Minister Sean Fraser has rejected calls to use the Constitution’s notwithstanding clause to overturn a Supreme Court of Canada ruling that said one-year mandatory minimum jail sentences for accessing or possessing child pornography violate the Charter of Rights.

Fraser says the path forward involves policy choices and that the government is eyeing new legislation with harsher penalties for online sexual exploitation of children.

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In its ruling last Friday, the Supreme Court said although the mandatory minimum sentences for the child pornography offences contributed to denunciation and deterrence, they also removed judges’ discretion to impose sentences other than imprisonment when appropriate.

Alberta Premier Danielle Smith and federal Conservative Leader Pierre Poilievre expressed support for using the notwithstanding clause to overturn the ruling.

Fraser says he doesn’t attribute political motivations or malice to anyone who wants to do more to address the scourge of child pornography in society.

However, he says the Liberal government is looking for solutions to the problem that do not involve overriding the Constitution.

This report by The Canadian Press was first published Nov. 4, 2025.