Advertisement

Canada’s Supreme Court to review mandatory minimum sentence for child luring offence

Click to play video: 'Advocates urge online safety after missing Edmonton teen found in U.S.'
Advocates urge online safety after missing Edmonton teen found in U.S.
WATCH: Advocates urge online safety after missing Edmonton teen found in U.S – Jul 4, 2022

The Supreme Court of Canada will examine the constitutionality of a minimum sentence for the offence of child luring.

The top court has agreed to review the case of a Quebec man, identified only as H.V., who pleaded guilty to a child luring offence committed in 2017.

He argued the six-month mandatory minimum sentence 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.

Click to play video: 'Oregon man arrested for child luring, as missing girl reunites with family'
Oregon man arrested for child luring, as missing girl reunites with family

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

Story continues below advertisement

The court also concluded the mandatory minimum sentence was unconstitutional, adding the infringement was not justified under the Charter.

Breaking news from Canada and around the world sent to your email, as it happens.

The Quebec Court of Appeal dismissed a challenge by the Crown and provincial attorney general, affirming the sentence and the declaration of invalidity.

This report by The Canadian Press was first published Aug. 18, 2022.

Sponsored content

AdChoices