Poilievre says he’d use notwithstanding clause to restore child porn minimum sentences

Conservative Leader Pierre Poilievre says that if he becomes prime minister, he would use the notwithstanding clause to overturn a Supreme Court ruling that struck down mandatory minimum prison sentences for possessing or accessing child pornography.

The court’s 5–4 decision on Friday found that the one-year minimum sentence was unconstitutional, saying it could lead to unfair punishments in certain cases. The ruling quickly drew strong criticism from political leaders across the country.

Poilievre said the decision was “wrong-headed” and promised to bring back strict penalties.

“My future government will introduce mandatory prison sentences for possession of child pornography so that dirtbags like this go away for a very long time,” he said.

The notwithstanding clause—found in Section 33 of the Charter of Rights and Freedoms—allows governments to pass laws that override certain Charter rights for up to five years.

The court case

The Supreme Court reviewed two cases from Quebec involving men who were caught with hundreds of images of child sexual abuse, including pictures of children as young as three. Both men pleaded guilty but argued that the mandatory minimum sentence was unfair and violated their Charter rights.

The Supreme Court agreed, saying that while child pornography is a serious crime, the one-year minimum could lead to “grossly disproportionate” sentences in some rare situations.

Justice Mary Moreau, writing for the majority, said the law covered a wide range of situations — from organized offenders with thousands of images to an 18-year-old who might receive a single illegal image without asking for it.

Poilievre dismissed that reasoning, saying the court was focusing on “imaginary scenarios.”

“If I had my way as a father, I would lock them up and throw away the key,” he said.

Other leaders react

Several premiers also criticized the court’s decision and called for the use of the notwithstanding clause.

• Ontario Premier Doug Ford said child predators “belong behind bars for the rest of their miserable lives” and that the clause was designed “to protect the will of the people.”

• Alberta Premier Danielle Smith called the ruling “outrageous,” saying a one-year minimum sentence is already “far too lenient.”

• Saskatchewan Premier Scott Moe said this case shows why elected legislators, not unelected judges, should make the laws.

This isn’t the first time Poilievre has said he would use the notwithstanding clause. Earlier this year, he promised to use it to impose consecutive life sentences for multiple murderers after the Supreme Court ruled such sentences violated Charter rights.

Although provinces like Saskatchewan, Quebec, and Ontario have used the clause before, no federal government has ever done so.

Government and expert response

A spokesperson for Attorney General Sean Fraser said the government is reviewing the decision carefully.

“Crimes that exploit or abuse children are among the most serious in our society. Child abusers should face the toughest penalties Canadian law allows,” the statement said.

The Canadian Centre for Child Protection said it wasn’t surprised by the ruling, noting that courts have struck down many mandatory minimums in recent years. Still, the group said the court’s decision recognized the serious harm caused by child sexual abuse and the growing risks from AI-generated abuse material.