The accused pleaded guilty to possession of child pornography contrary to section 163.1(4) of the Criminal Code.
The Crown proceeded by summary conviction, making the mandatory minimum sentence six months imprisonment.
The accused challenged the constitutionality of the mandatory minimum under section 12 of the Charter, arguing it would constitute cruel and unusual punishment.
The court found that while the mandatory minimum was not grossly disproportionate for this particular offender, it would be grossly disproportionate when applied to reasonable hypotheticals involving minimal culpability.
The court declared the mandatory minimum unconstitutional and imposed an intermittent sentence of 111 days (90 days to serve after pre-trial custody credit) with probation and ancillary orders.
