Manitoba Premier Wab Kinew sparked controversy on Monday by criticizing a recent Supreme Court of Canada ruling regarding child pornography and advocating for harsher punishment for offenders. Kinew expressed strong disapproval, stating that individuals involved in child sexual abuse images and videos deserve significant prison sentences and should not receive protective custody but instead be placed in general population.
The Supreme Court decision last week deemed the one-year mandatory minimum jail sentences for accessing or possessing child pornography unconstitutional. This ruling, passed with a tight 5-4 majority, highlighted concerns that the mandatory sentences limited judges’ flexibility in determining appropriate punishments beyond imprisonment.
Several conservative figures, including Opposition Leader Pierre Poilievre, Alberta Premier Danielle Smith, and Ontario Premier Doug Ford, have urged the federal government to override the court’s decision using the notwithstanding clause, which allows governments to bypass certain sections of the Charter of Rights and Freedoms.
Kinew, a member of the New Democratic Party, aligned himself with Smith, Ford, and other critics of the court ruling, describing it as “disgusting” and using derogatory language like “skinners” to refer to sex offenders. However, the Criminal Defence Lawyers Association of Manitoba criticized Kinew’s comments, labeling them unhelpful and cautioning against advocating for vigilante justice.
The association pointed out that the Supreme Court ruling aimed to address rare and specific cases where a sentence less severe than one year in prison might be appropriate. They emphasized the importance of respecting the legal system’s principles and fairness in sentencing practices.
Kinew has faced previous backlash for his remarks about the justice system, having previously apologized for comments related to a colleague’s association with a criminal defendant. Recently, Kinew introduced a bill requiring judges to evaluate the constitutionality of any government decision to invoke the notwithstanding clause in Manitoba, although judges would not have the authority to block such actions.
In a separate development, Kinew criticized the use of the notwithstanding clause by several other provinces, including Quebec, Alberta, and Saskatchewan, accusing them of infringing on the rights of vulnerable groups through legislative measures. These actions included restrictions on name changes for minors without parental consent, compelling striking teachers to return to work, and imposing bans on religious symbols for certain public sector workers.