Fraser dismisses using notwithstanding clause to overturn ruling on child pornography

Minister of Justice Sean Fraser arrives to a cabinet meeting on Parliament Hill in Ottawa on Tuesday, Nov. 4, 2025. THE CANADIAN PRESS/Sean Kilpatrick

OTTAWA - Justice Minister Sean Fraser has rejected calls to use the Constitution's notwithstanding clause to overturn a Supreme Court of Canada ruling that said one-year mandatory minimum jail sentences for accessing or possessing child pornography violate the Charter of Rights.

Fraser says the path forward involves policy choices and that the government is eyeing new legislation with harsher penalties for online sexual exploitation of children.

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