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Conservatives are increasingly critical of Friday's Supreme Court ruling, which eliminated mandatory minimum sentences for child pornography offences.

Canada's top court struck down the one-year mandatory minimum sentence for child pornography possession and access, citing its impact on an 18-year-old in a sexting scenario.

Since 2015, the Supreme Court has invalidated mandatory minimum sentencing laws as cruel and unusual punishment, violating the Charter. 

Lock up child porn users and throw away the keys.

NOTWITHSTANDING the Supreme Court ruling yesterday. pic.twitter.com/vCznVxwMbe

— Pierre Poilievre (@PierrePoilievre) November 1, 2025

Justice Mary Moreau, for the majority, detailed the court's decision on the constitutionality of minimum sentences using hypothetical scenarios. She noted that child pornography convictions vary widely, from organized offenders with thousands of files to an 18-year-old unknowingly receiving and viewing a single file depicting a 17-year-old.

Moreau added that a conditional discharge might be the best sentence in such cases, as a one-year prison term could be “grossly disproportionate.”

Conservative Leader Pierre Poilievre criticized the Supreme Court's "imaginary scenarios," arguing the "dirtbag offenders" should have received a harsher sentence than one year and nine months. As a father, he stated he would "lock them up and throw away the key."

Justices Richard Wagner and Suzanne Côté, representing the dissenting view, argued that harsher sentences convey “society's deep and rightful indignation.”

This decision is outrageous.

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…

— Danielle Smith (@ABDanielleSmith) October 31, 2025

Conservative premiers Danielle Smith (Alberta) and Doug Ford (Ontario) also criticized the Supreme Court's decision, urging the Liberal government to use the notwithstanding clause to reinstate the one-year mandatory minimum sentence.

Smith denounced the decision as "far too lenient" for such a "heinous crime," while Ford called child predators "disgusting scumbags" who "belong behind bars."

Meanwhile, Saskatchewan Premier Scott Moe asserted that elected legislators, not unelected judges, should make laws.

I can't believe it. The Supreme Court ruled against one-year mandatory minimum sentences for the possession and access to child pornography.

These people are predators. Disgusting scumbags who prey on children belong behind bars for the rest of their miserable lives.

The… https://t.co/CpXWR8Szb6

— Doug Ford (@fordnation) October 31, 2025

Poilievre pledged to use the notwithstanding clause to overturn Friday's Supreme Court ruling, which struck down mandatory minimums for child pornography offences. He stated his opposition to the ruling on Rosemary Barton Live Sunday.

“My future government will introduce mandatory prison sentences for possession of child pornography so that dirtbags like this go away for a very long time.” 

The notwithstanding clause (Section 33 of the Charter) allows provincial or federal legislation to override certain Charter rights for five years. It has been used by provinces, but not federally.

Attorney General Sean Fraser's office is reviewing the ruling's implications, stating that "Crimes that exploit or abuse children are among the most serious and reprehensible in our society." 

Spokesperson Lola Dandybaeva clarified that "child abusers should face the toughest penalties Canadian law allows."