Supreme Court to review mandatory minimum sentence for child luring offense

OTTAWA — The Supreme Court of Canada will consider the constitutionality of a minimum sentence for the offense of child luring. The high court has agreed to hear the case of a Quebec man, identified only as HV

OTTAWA — The Supreme Court of Canada will consider the constitutionality of a minimum sentence for the offense of child luring.

The high court has agreed to hear the case of a Quebec man, identified only as HV, who pleaded guilty to a 2017 child luring offense.

He argued that the mandatory minimum sentence of six months provided for in s. 172.1(2)(b) of the Criminal Code was unconstitutional, given the Charter of Rights guarantee against cruel or unusual punishment.

The Court of Quebec imposed two years of probation, including 150 hours of community service.

However, the province’s Superior Court sentenced the man to 90 days behind bars, to be served intermittently, deeming the sentence imposed by the trial judge too lenient.

The court also found that the mandatory minimum sentence was unconstitutional, adding that the offense was not justified under the Charter.

The Quebec Court of Appeal dismissed a challenge by the Crown and the province’s Attorney General, upholding the sentence and the declaration of invalidity.

This report from The Canadian Press was first published on August 18, 2022.

The Canadian Press

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