Why Striking Down Minimum Sentences for Child Exploitation Crimes Puts Our Kids at Risk

The Supreme Court of Canada’s recent decision to remove the mandatory one-year minimum sentence for people who possess or access child sexual abuse material (CSAM) is deeply troubling. While the Court emphasized giving judges more flexibility in sentencing, this ruling weakens how our legal system responds to one of the most harmful forms of sexual exploitation.

What Happened in the Supreme Court

In Attorney General of Québec v. Senneville et al., the Supreme Court ruled that the one-year mandatory minimum jail sentence for possessing or accessing child sexual abuse material (CSAM) was unconstitutional. The Court said the punishment could hypothetically be too harsh in some rare situations and might violate the Charter of Rights and Freedoms – specifically under Section 12. Because of this, judges will now have the discretion to give shorter sentences – or even avoid jail time altogether – depending on the circumstances of the case.

While Charter Rights and the rights of the accused are important, the rights of survivors – the children whose abuse is recorded and shared – must come first. Their pain is not hypothetical; it is lifelong. Each image represents a child who has been violated in the most profound way, and every viewing of that image is another violation.

While the Court’s intention was to ensure fairness, this decision risks minimizing the seriousness of these crimes. It treats them as if they can sometimes be “less harmful,” when in reality, every image and every video represents a real child who has been sexually abused.

What Is CSAM and Why Is It So Serious?

CSAM stands for Child Sexual Abuse Material. These are not just “images” or “videos.” They are recordings of real children being sexually abused. Every time someone views or shares these files, that child’s trauma is repeated again and again.

Many survivors describe feeling like their abuse never ends, because they know their images are still out there, being watched by strangers. CSAM fuels demand for more abuse, causing lasting harm to victims and putting more children at risk. These crimes are never victimless.

Why This Decision Matters

For years, Canada has taken steps to recognize that crimes involving child sexual exploitation are extremely serious. Mandatory minimum sentences were introduced to reflect that reality – to make sure offenders faced real consequences and to send a clear message that society will not tolerate the sexual abuse of children.

By removing the mandatory one-year minimum, the Court’s decision risks creating inconsistency and leniency in sentencing. Some offenders may now receive little or no jail time. That’s not justice for survivors. And it sends the wrong message to those who exploit children: that these crimes may not be treated with the seriousness they deserve.

This ruling also undoes years of work by lawmakers, advocates, and survivors who have fought to strengthen Canada’s protections against child sexual exploitation.

A Step Backwards for Survivors

When we weaken penalties, we silence survivors. It tells them their pain matters less – that their ongoing trauma can be overlooked in favour of “flexibility” for offenders. Survivors of CSAM already face immense challenges in healing. They deserve a justice system that stands firmly with them, not one that minimizes what they’ve endured.

The Good News: Bill S-240
The positive news is that Bill S-240 was introduced in Parliament on November 5^th, 2025, and has had its first reading in the Senate. In simple terms, this bill would make sure that mandatory minimum sentences for child sexual exploitation crimes stay in place, even if courts try to strike them down in the future. It does this by using a special clause in the Charter of Rights and Freedoms – the notwithstanding clause – that allows Parliament to override certain court decisions. In other words, Bill S-240 would help ensure that people who possess, share, or create child sexual abuse material continue to face real jail time, recognizing the seriousness of these crimes and prioritizing the protection of children. However, it will take time for this bill to move through Parliament and become law.

What Needs to Happen Next

Defend Dignity urges Parliament to act quickly to strengthen Canada’s laws. We need clear, consistent sentences that reflect the seriousness of child sexual abuse material. We also need to invest in prevention and in supports that help survivors rebuild their lives.

Every child deserves to grow up free from sexual violence and exploitation. Every survivor deserves justice that acknowledges the depth of their pain.

Child sexual abuse material is not just a digital crime – it is sexual violence. It destroys lives. Canada must do better to protect its children and hold offenders accountable.

Attorney General of Québec v Senneville et al., 2025 SCC 33 (S.C.C. File No. 40882). Available at: https://www.scc-csc.ca/judgments-jugements/cb/2025/40882/

Parliament of Canada. (2025). Bill S-240: An Act to amend the Criminal Code (exception under subsection 33(1) of the Charter of Rights and Freedoms). 45th Parliament, 1st Session. https://www.parl.ca/legisinfo/en/bill/45-1/s-240

Holly Wood
Advocacy & Research Coordinator