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Quebec Court Rules Mandatory Minimum Sentence for Child Sex Abuse Material Unconstitutional Due to Defendant’s Mental Health
Photo: The Globe and Mail
2026-07-09 02:22   Justice   11

Quebec Court Rules Mandatory Minimum Sentence for Child Sex Abuse Material Unconstitutional Due to Defendant’s Mental Health

A Quebec court has ruled that the mandatory one-year minimum sentence for distributing child sexual abuse material is unconstitutional, citing the defendant's intellectual disability and mental health conditions.The Court of Appeal reduced the original 12-month prison term to six months served in the community, along with probation and strict conditions.

The decision aligns with a previous Supreme Court ruling that such mandatory sentences can be constitutionally flawed as they may impose grossly disproportionate punishments.

The defendant, who admitted to possessing over 600 images and distributing 73 files via Skype, had a mental age between 8-11 years and faced limited supervision during the offense.The court emphasized that incarceration disproportionately harms individuals with intellectual disabilities, undermining social reintegration.While new federal legislation allows judges to impose shorter sentences in cases of disproportionate punishment, it will not apply until July 2026.This ruling highlights ongoing debates about balancing justice for offenders with the protection of vulnerable populations.

Full reading at The Globe and Mail

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