Supreme Court Rules Mandatory Minimum Sentence for Child Luring Unconstitutional

2024-01-17

Supreme Court Rules Mandatory Minimum Sentence for Child Luring Unconstitutional

Jan 17, 2024 | Blog, General News

Supreme Court Rules Mandatory Minimum Sentence for Child Luring Unconstitutional

In an alarming turn of events, the Supreme Court of Canada has removed the mandatory minimum sentence for the crime of child luring, effectively placing the rights of the perpetrator above those of their victims, ignorant of the damages they and their families suffer that surely will last a lifetime.

Child luring falls under criminal code s. 172.1 and speaks to contacting or attempting to contact someone under the age of 18 with the intent to commit sexual exploitation, incest, child pornography, or sexual assault.

It is the communications that occur between the perpetrator and victim with the intended purpose of committing other offences against that child.

It is considered a hybrid offence, which allows prosecutors to choose to proceed by indictment (for more serious offences) or by summary conviction (for less serious).

The previous mandatory minimum sentence, deemed so egregious as to be a breach of the offender’s Section 12 Charter rights, was imprisonment of one year if found guilty on indictment, and six months if found guilty on summary conviction.

Finally, Section 12 of the Charter of Rights and Freedoms safeguards against “cruel and unusual punishment “.

With these facts now in mind, the burning question is this: when we’re dealing with crimes against the most precious and vulnerable of our population, can there really be a sentence too harsh? If so, would you consider 6 months or 1 year (depending on severity) of incarceration to meet that definition, or do you agree that this would be cruel and unusual?

Sadly, what we are sure to see as a result is an increase in offences; we have effectively emboldened the perpetrators, showing that a slap on wrist is likely all they will get.

Our PM continues to create a revolving door for those who commit violent crimes, specifically against the vulnerable. The police are frustrated; despite the hours of legwork to get offenders off our streets, they are being released again before the ink is even dry.

Dallas Ludlum (Vigilant News) summarizes it perfectly, “At what point does the interpretation of the law cease to serve the very individuals it was enacted to shield?”

For more information on protecting our children, visit our initiative, Mama Bears at http://mamabearsproject.com

 

To read the article written by Dallas Ludlum of Vigilant News click here

To read the Supreme Court of Canada Case in Brief, click here 

0 Comments

HIGHLIGHTS

Ontario Superior Court Judge Criticizes Court System’s Preference for Foreign Offenders

Ontario Superior Court Judge Criticizes Court System’s Preference for Foreign Offenders

In a recent ruling, Ontario Superior Court Justice Antonio Skarica has exposed what we have all been witnessing; how our justice system routinely applies different rules for foreign offenders while law-abiding Canadians pay the price.

Tamara Lich Launches Legal Action Against Ottawa Police Service and the Crown Over Malicious Prosecution

Tamara Lich Launches Legal Action Against Ottawa Police Service and the Crown Over Malicious Prosecution

After suffering the longest and most aggressively prosecuted mischief trial in Canadian history, Tamara Lich is now suing the police and Crown for malicious prosecution and negligent investigation.

Support Detective Helen Grus of the Ottawa Police Service at Her Upcoming Sentencing Hearing on May 19th-21st

Support Detective Helen Grus of the Ottawa Police Service at Her Upcoming Sentencing Hearing on May 19th-21st

Support Detective Helen Grus of the Ottawa Police Service at Her Upcoming Sentencing Hearing on May 19th-21st

Ontario Appeals Court Upholds Dismissal of Lawsuit Linking Sean Hartman's Death to COVID-19 Vaccine

Ontario Appeals Court Upholds Dismissal of Lawsuit Linking Sean Hartman’s Death to COVID-19 Vaccine

Dan Hartman has been fighting tirelessly for accountability for his only son Sean who died 33 days after taking a mandatory Covid 19 vaccine; a requirement to play sports.

In his most recent efforts, the Ontario Court of Appeal has dismissed Dan Hartman’s lawsuit against the federal government stating that “the government owes “no private duty of care” to any individual during a pandemic.

Recent News

Ontario Appeals Court Upholds Dismissal of Lawsuit Linking Sean Hartman’s Death to COVID-19 Vaccine

Ontario Appeals Court Upholds Dismissal of Lawsuit Linking Sean Hartman’s Death to COVID-19 Vaccine

Dan Hartman has been fighting tirelessly for accountability for his only son Sean who died 33 days after taking a mandatory Covid 19 vaccine; a requirement to play sports.

In his most recent efforts, the Ontario Court of Appeal has dismissed Dan Hartman’s lawsuit against the federal government stating that “the government owes “no private duty of care” to any individual during a pandemic.

read more