Supreme Court of Canada Rejects Mandatory Minimum Sentences for Child Luring

Yesterday, the Supreme Court of Canada invalidated the 6-month and 1-year mandatory minimum sentences for child luring in the case of R v. Bertrand Marchand, deeming them “cruel and unusual punishment.”

In her ruling on behalf of the Court, Justice Sheilah Martin employed hypothetical scenarios to declare the law unconstitutional. Justice Martin asserted that

 “there will still be cases in which the mandatory minimum will be so out of sync with the realities of the gravity of the offence and the moral blameworthiness of the offender so as to shock the conscience of an informed public.”

Consequently, individuals convicted of child luring are no longer obliged to receive a jail sentence, and Parliament is prohibited from introducing a similar incarceration requirement for those found guilty of luring children.

Justice Martin also contended that the mandatory minimum sentence could “outrage standards of decency.”

Link to decision: 

https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20136/index.do

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