2016 ABPC 57

In 2016 ABPC 57, 39-year old W pleaded guilty to child pornography offences, but claimed that the mandatory minimum sentence for possession and distribution of child pornography under the Criminal Code violated his Charter right against cruel and unusual punishment (s.12) and his Charter right to be free from arbitrary detention (s. 9). W possessed and shared large quantities of child pornography, almost uniformly of young males. The long and troubled past of W (who was born and raised on the Tseshaht Reserve) and his parents and grandparents (all of whom had attended Residential School) was detailed in a Gladue Report submitted to the Court for consideration in sentencing.

After discussing in detail the case law that preceded legislating mandatory minimum sentences for child pornography offences and the medical and psychological evidence led, the Court sentenced W to 1-year imprisonment, in addition to a series of ancillary orders and 3-years probation.


Criminal Offence(s): Child Pornography Offences