Alberta Premier Danielle Smith is demanding immediate federal action after the Supreme Court of Canada stuck down one-year mandatory minimum sentences for accessing or possessing child pornography.
“This decision is outrageous. The possession of child pornography is a heinous crime, and even a one-year minimum sentence is already far too lenient,” Smith said.
She called on Prime Minister Mark Carney’s government to “immediately invoke the Constitution’s notwithstanding clause to overturn this ruling and ensure the protection of our children.”
The controversial decision has prompted Smith — along with several legal commentators online — to call for swift legislative action amid concern the judiciary has overstepped.
Smith’s recent use of the notwithstanding clause in Alberta’s teacher-strike legislation underscores her willingness to challenge opponents.
Legal scholars say invoking the clause federally would spark major constitutional debate over Charter protections and the role of courts in criminal law.