The court has undermined the ability of public institutions to punish the evil of sexual abuse. The notwithstanding clause is the answer

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It’s a reflection of the sorry state of Canadian justice: last Friday, the Supreme Court of Canada ruled that the one-year mandatory minimum sentences for the offences of possessing and accessing child pornography are unconstitutional. The case, Quebec (Attorney General) v. Senneville, involved two offenders who admitted to possessing 475 and 805 files, respectively, depicting children being sexually abused in horrific ways. Despite this, the court held, 5–4, that the mandatory minimums constituted “cruel and unusual punishment” contrary to Section 12 of the Charter.

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The backlash has been swift and justly deserved. Several provincial premiers, joined by federal opposition leader Pierre Poilievre, immediately endorsed the use of Section 33 of the Charter, also known as the notwithstanding clause, to reverse the court’s ruling and restore the mandatory minimums. This is a welcome first step.

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As envisioned by its framers, the notwithstanding clause is a mechanism to prevent overreaching judicial interpretations of rights from undermining the common good. If there were ever a decision that........

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