Build Canada LogoBuilder MP
← Back to bills

Keeps Mandatory Minimums for Child Exploitation Crimes

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)

Summary

  • Declares that the mandatory minimum sentences for possession and accessing child sexual abuse and exploitation material in Criminal Code paragraphs 163.1(4)(a) and 163.1(4.1)(a) operate notwithstanding section 12 of the Charter (cruel and unusual punishment).
  • Uses the notwithstanding clause (Charter s.33(1)) to shield these mandatory minimums from being struck down under s.12.
  • Does not change offence definitions or sentence lengths; it constitutionally insulates the existing minimum penalties.
  • The declaration is time-limited by the s.33 framework (generally up to five years) and could be renewed by Parliament.

Builder Assessment

Abstain

Principles Analysis

Canada should aim to be the world's most prosperous country.

Focused on criminal sentencing rather than economic growth; any prosperity effects are indirect and outweighed by potential justice system and incarceration costs.

Promote economic freedom, ambition, and breaking from bureaucratic inertia (reduce red tape).

No material impact on business regulation or administrative burdens; primarily a criminal justice/constitutional measure.

Drive national productivity and global competitiveness.

No direct link to productivity or competitiveness; could marginally strain courts and corrections without clear economic upside.

Grow exports of Canadian products and resources.

Unrelated to trade or export growth.

Encourage investment, innovation, and resource development.

Not targeted at investment or innovation policy; any safety benefits to the digital ecosystem are too indirect to assess.

Deliver better public services at lower cost (government efficiency).

Mandatory minimums often increase trial rates and incarceration lengths, raising costs for courts and corrections without demonstrated efficiency gains.

Reform taxes to incentivize work, risk-taking, and innovation.

No tax policy changes.

Focus on large-scale prosperity, not incrementalism.

Addresses a specific criminal sentencing issue; does not advance broad-based economic prosperity.

Did we get the builder vote wrong?

Email [email protected]

PartySenate
StatusAt second reading in the Senate
Last updatedN/A
TopicsCriminal Justice
Parliament45