Wab Kinew Urges Harsh Penalties for Child Porn Offenders
Manitoba Premier Wab Kinew has sparked significant debate following his comments regarding a recent Supreme Court of Canada ruling on child pornography. He expressed his disapproval of the court’s decision, arguing for stringent penalties for offenders.
Supreme Court Ruling on Child Pornography
Last week, the Supreme Court ruled in a 5-4 decision that mandatory minimum sentences of one year for accessing or possessing child pornography are unconstitutional. The court stated that these minimum sentences hinder judges’ ability to impose appropriate sentences, potentially considering cases that do not warrant imprisonment.
Reaction from Wab Kinew
Kinew, representing the New Democratic Party (NDP), condemned the ruling as “disgusting.” He emphasized that individuals involved in child pornography should face severe penalties, even suggesting they be placed in the general prison population and not granted protective custody. Kinew referred to sex offenders derogatorily as “skinners.”
His comments have drawn notable backlash from various political figures and organizations. Conservative leaders, including Pierre Poilievre, Alberta Premier Danielle Smith, and Ontario Premier Doug Ford, have urged the federal government to use the notwithstanding clause to override the Supreme Court’s ruling.
Criticism from Legal Experts
The Criminal Defence Lawyers Association of Manitoba critiqued Kinew’s remarks, calling them unproductive and misleading. They stated that his understanding of the Supreme Court’s decision appeared limited. The association emphasized that the ruling addressed specific, rare cases where a judge might find a lesser penalty than one year more suitable.
Furthermore, they expressed concern that Kinew’s advocacy for harsh punishments suggested a support for vigilante justice, which they deemed detrimental to the rule of law. The association urged him to be more judicious in his public statements.
Legislative Actions
Kinew has been active in legislative matters related to the notwithstanding clause. He introduced a bill requiring judges to provide opinions when the Manitoba government considers invoking this clause to override Charter rights. While judges would not be able to stop the use of the clause, their feedback would offer insight into potential constitutional concerns.
Use of the Notwithstanding Clause in Canada
The notwithstanding clause allows governments to bypass certain constitutional protections. Recent instances of this clause being invoked include:
- Saskatchewan: law limiting name or pronoun changes for children under 16 without parental consent.
- Alberta: forced return of striking teachers to work.
- Quebec: ban on religious symbols for some public sector workers.
Kinew has previously criticized the use of the clause in these contexts, asserting that it undermines the rights of vulnerable populations.
As the debate continues, Kinew’s remarks and the Supreme Court’s decision may influence future discussions on child pornography laws and sentencing in Canada.
