Mandatory Jail Time for Child Luring Deemed Unconstitutional

November 03, 2023


Ottawa, ON — Today the Supreme Court of Canada has ruled that mandatory minimum penalties for the charge of child luring are unconstitutional. The Hon. Rob Moore, Conservative Shadow Minister for Justice and Attorney General of Canada, released the following statement in response to this decision:

“After 8 years of Trudeau, crime, chaos, and disorder are becoming the norm. Trudeau has unleashed a crime wave across our country and Canadians don’t feel safe in their communities, on their streets, or on their transit systems.

“Today’s ruling from the Supreme Court of Canada is shocking and disappointing. The Court has ruled that mandatory jail time of six months (on summary conviction) and one year (on indictment) amounts to ‘cruel and unusual punishment’ for offenders who are charged and convicted of the despicable crime of child luring.

“The previous Conservative government brought in the Tougher Penalties For Child Predators Act, which established mandatory minimum penalties for the offence of child luring as set out in Section 172.1(1) of the Criminal Code. We did this to ensure anyone charged and convicted of child luring faced jail time. The crime of child luring has a devastating impact on victims. Conservatives strongly believe that perpetrators of this abuse should face a minimum amount of time in jail, at the very least.

“This Liberal government has been unwilling to make necessary changes to protect children from violent criminals, like recently voting against our Conservative amendment to Bill S-12 to make registration in the National Sex Offender Registry mandatory for all individuals convicted of sexual offences against children. While Trudeau’s Liberals are giving up on protecting Canadians, Conservatives will not. Conservatives recently introduced Bill C-336, the Strengthening Reporting Obligations for Sex Offenders Act, to ensure high-risk sex offenders are bound to stricter rules to protect the lives of vulnerable Canadians, children, and their families.

“Common sense Conservatives believe those who abuse children must always face sentences that reflect the heinous nature of their crime. Victims of child luring, their families, and their communities deserve to have a justice system that they can trust to protect them.”