An Act to amend the Criminal Code (declaration of exception pursuant to subsection 33(1) of the Charter for mandatory minimum sentences for child sexual abuse and exploitation material offences)

Bill S-240 is a short, narrowly focused bill that makes one change to the Criminal Code. It targets the mandatory minimum sentences that currently apply to two child sexual abuse and exploitation material offences: possessing such material and accessing such material. These minimum sentences are set out in paragraphs 163.1(4)(a) and 163.1(4.1)(a) of the Criminal Code.

The bill adds a new provision invoking section 33 of the Canadian Charter of Rights and Freedoms, commonly known as the "notwithstanding clause." This clause allows Parliament to declare that a law operates despite certain Charter rights, shielding it from being struck down on those specific grounds. Here, the bill declares that these two mandatory minimum sentencing provisions will operate notwithstanding section 12 of the Charter, which protects against cruel and unusual punishment.

In practical terms, this means that even if a court found that these mandatory minimum sentences amounted to cruel and unusual punishment in a particular case, the sentences would still apply and could not be reduced or struck down on that basis, for a period (subsection 33 declarations expire after five years unless renewed). The bill does not change the length of the sentences themselves or create any new offences; it only insulates these two existing mandatory minimums from constitutional challenge under section 12 of the Charter.

This bill adds a provision to the Criminal Code invoking the notwithstanding clause (section 33(1) of the Charter) to shield two mandatory minimum sentencing provisions from Charter challenge under section 12.

• Provisions shielded — paragraphs 163.1(4)(a) and 163.1(4.1)(a) of the Criminal Code, which set mandatory minimum sentences for possessing or accessing child sexual abuse and exploitation material.
• Charter right overridden — section 12 of the Canadian Charter of Rights and Freedoms, which protects against "cruel and unusual treatment or punishment"; courts could not strike down or reduce these mandatory minimums on that ground while the declaration is in effect.
• Mechanism used — the bill invokes subsection 33(1) of the Charter, the "notwithstanding clause," which allows Parliament to exempt specific laws from certain Charter sections.
• Duration — the bill text does not include a time limit or sunset clause; under section 33(1) generally, such declarations expire after five years unless re-enacted, but this specific point is not stated in the bill's text.
• Judicial review — the bill does not create any review mechanism, reporting requirement, or appeal process; its only effect is to add the exception clause to the Criminal Code.
• Scope — the declaration applies only to the two named paragraphs and does not alter other sentencing provisions, offences, or Charter sections.