Smith, Kenney urge Ottawa to invoke notwithstanding clause after child porn ruling

Smith and other Conservatives are calling on Ottawa to use the notwithstanding clause after the Supreme Court of Canada scrapped mandatory minimum sentences for accessing child pornography.

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Alberta Premier Danielle Smith and other Conservatives are calling on Ottawa to use the notwithstanding clause after the Supreme Court of Canada scrapped mandatory minimum sentences for possessing and accessing child pornography.

The country’s top court ruled on Friday to dismantle mandatory one-year jail sentences for possessing child pornography, claiming that judges having their hands tied was unconstitutional and prevented them from being lenient on pedophiles.

“This decision is outrageous,” said Alberta Premier Danielle Smith. “The possession of child pornography is a heinous crime, and even a one-year minimum sentence is already far too lenient. We call on the Federal Government to immediately invoke the Constitution’s notwithstanding clause to overturn this ruling and ensure the protection of our children.”

The current premier’s call was echoed by former premier Jason Kenney.

“The Carney government should immediately invoke the Notwithstanding Clause to save the one-year mandatory minimum prison sentence for the possession of child pornography,” he said. This aberrant decision by the Supreme Court cannot stand. It is a basic test of our fundamental values as a country. Put partisanship and slavish deference to judicial power aside. Do the right thing.”

Kenney added that if Prime Minister Mark Carney fails to invoke the notwithstanding clause to reverse the decision, he calls on Conservative Leader Pierre Poilievre to table a motion during the next Conservative party’s supply day in the House of Commons.

Poilievre chimed in on the matter as well.

“Child sex abuse material is heinous, evil, and deserves swift and harsh justice for those responsible for creating, accessing, and possessing it. Conservatives will always fight for the strongest laws, using all tools available to us, to protect the most vulnerable in our society,” he said.

Kenney previously told True North about the importance of the notwithstanding clause.

“The provinces only signed on to the repatriation of the Constitution, including the Charter of Rights, back in 1982 because they included the Section 33 notwithstanding clause,” said Kenney.

Lawyer Ezra Levant similarly explained why the Charter of Rights has a notwithstanding clause.

“Because a 5 to 4 ruling of Supreme Court judges — a single judge holding the balance — cannot be enough to effectively decriminalize child pornography, against the beliefs of 90%+ of Canadians,” he said.

Smith’s call for the federal government to invoke the notwithstanding clause comes just days after she implemented herself in Alberta to protect students from continued strikes by the teachers, after students missed nearly a month of classes.

She has similarly pledged to invoke the notwithstanding clause to protect three transgender-related laws from court challenges.

The Supreme Court ruling stemmed from two Quebec cases involving men who pleaded guilty to possessing and accessing child pornography, including material featuring children under ten.

One offender had downloaded thousands of images and videos, while the other had a smaller collection.

Although the justices acknowledged the “repulsive” nature of the crimes and Parliament’s intent to denounce and deter such offences, they concluded that mandatory minimum sentences could result in unjust outcomes.

Both offenders had already seen their mandatory jail terms reduced by appeal courts prior to the decision.