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 aims to amend the Criminal Code concerning mandatory minimum sentences for crimes involving child sexual abuse and exploitation material. Specifically, it seeks to ensure that the mandatory minimum sentences for possessing and accessing this type of material apply even if they might be considered a violation of Section 12 of the Canadian Charter of Rights and Freedoms, which deals with cruel and unusual punishment. This means the law would prioritize these specific sentences over potential Charter challenges based on sentence severity.