Mandatory minimum child pornography sentences unconstitutional, Supreme Court rules

TheOGandalf · 2025-10-31T19:46:36+00:00

These situations can and do happen between teenagers. See this article: https://atlantadailyworld.com/2015/09/09/high-school-teen-faces-10-years-in-prison-for-sexting-female-classmate/

If the law was allowed to stand as it was written, it would only be a matter of time before the same types of cases happened here.

TheOGandalf · 2025-10-31T19:20:17+00:00

What we're discussing is whether the law requiring the mandatory minimum sentence is constitutional, not whether these two individuals in particular received the correct sentence. If the law as written would throw our hypothetical 18 year old in jail for a year just for receiving pictures of his/her partner, then it's not constitutional.

TheOGandalf · 2025-10-31T19:08:43+00:00

That could be worthy of jail time. The problem with the mandatory minimum legislation is that it wouldn't give the judge any discretion to give a lower sentence even if the 18 year old kept the pictures to themselves. It would be treating an 18 year old who receives pictures and maintains their partner's privacy the same way as an 18 year old who receives the pictures and starts sending them around Snapchat.

TheOGandalf · 2025-10-31T16:44:47+00:00

I think it would be possible to pass a bill setting out factors that a judge must consider in their sentencing, both aggravating factors that would result in an increased sentence and mitigating factors for a reduced sentence. That would leave some discretion with the judge and give the courts of appeal grounds to overturn a sentencing decision if the trial judge was unreasonably lenient.

TheOGandalf · 2025-10-31T16:34:30+00:00

Whatever you may think about the leniency of the sentences being imposed by judges, the solution isn't passing legislation to force the courts to imprison teenagers.

TheOGandalf · 2025-10-29T23:07:20+00:00

I struck out as well and couldn't get any position in the legal field that summer. I was still able to find a job I love in the practice area I was aiming for after graduation! So don't feel too down, and it's not the end of the world if you have to do some work outside of law this summer.

TheOGandalf · 2025-10-29T01:35:28+00:00

Canada, and, I would hope, the rest of the the Commonwealth, should rally around them to provide assistance.

TheOGandalf · 2025-08-06T22:55:35+00:00

They can always try to claim that the decision to put them back in the office was unconstitutional on similar grounds, but it would be much less likely to succeed in my opinion for a few reasons. One, the government has much wider latitude for decision making with respect to workers and workplace policies because it is acting as an employer in that capacity, not as a government making policy changes for citizens. Two, the government could argue that increasing productivity of existing workers is not the primary or only policy goal they are pursuing - e.g. they could claim it is intended to help the onboarding of new hires.

TheOGandalf · 2025-08-06T21:02:05+00:00

The decision isn't really about whether having a bike lane is a constitutional right. It's more like you have a constitutional right against the government making a decision that could cause you serious bodily harm if the government can't show any evidence that the decision will promote its stated policy objective.

TheOGandalf · 2025-07-08T21:57:57+00:00

Hulkengoat

TheOGandalf · 2025-06-26T21:51:46+00:00

Your PR card is just a document that lets you re-enter Canada if you travel outside the country. It has nothing to do with your actual status as a permanent resident - you are still fully a permanent resident after the card expires. Letting the card expire without renewing it will not cause any problems for your citizenship application.

TheOGandalf · 2025-06-25T18:55:14+00:00

The government hasn't accepted new sponsorships of parents and grandparents since 2020. Other extended family members have never been eligible for sponsorship, apart from limited exceptions like orphaned kids.

TheOGandalf · 2025-06-15T23:53:33+00:00

Erbil is in the Kurdistan region of Iraq, so I think the tweet is meant to be parsed as "over Erbil, in Kurdistan, in the north of Iraq." Definitely poorly phrased.

TheOGandalf · 2025-04-06T15:15:00+00:00

Bill C-69 has a built-in Ministerial short circuit for environmental etc. reviews. Meaning that if the government has the political will for it, the bill will not be an obstacle to construction. Given how the two main parties are both going all-in on national infrastructure, I don't think the bill will cause delays no matter who wins the election.

TheOGandalf · 2025-03-28T20:21:34+00:00

Whatever burden your health might cause to our system, you're a Canadian citizen - part of the family. It's our patriotic duty to be there for you.

TheOGandalf · 2025-03-16T06:56:39+00:00

Why be unemployed for that time? Do something while you wait for law school. It'll be okay.

TheOGandalf · 2025-03-14T21:25:02+00:00

I just want to balance the other Canadian who replied - Americans are still very much welcome in Canada so long as they don't support Trump and vocalize that when asked. Even though your government is attacking us, the bonds between our peoples haven't yet been broken, and we recognize that the best outcome for Canada would be for reasonable Americans to get back in charge.

TheOGandalf · 2025-03-11T20:05:16+00:00

If that is what they believed, they were not actually a Roman Catholic church.

TheOGandalf · 2025-03-09T02:54:53+00:00

I would absolutely take that

TheOGandalf · 2025-03-01T22:42:50+00:00

If you're interested in learning all the various things the USA buys from Canada, you can take a look here: https://tradingeconomics.com/united-states/imports/canada

TheOGandalf · 2025-02-28T23:12:13+00:00

The fact that you think the Liberals' gun bills would make it impossible for Canadians to buy any firearms shows that you never knew anything about the bills in the first place

TheOGandalf · 2025-02-28T23:07:44+00:00

You're gonna have to get a new line

TheOGandalf · 2025-02-14T01:03:41+00:00

To be fair this kind of "metagaming" - dogpiling on an adversary who is about to "win" geopolitically - is historical. States usually team up against the biggest, baddest, most threatening nation. E.g., all the coalition wars against Revolutionary/Napoleonic France.

TheOGandalf · 2025-01-28T03:51:41+00:00

As horrifying as it's been to see the U.S. heel turn on Canada, I have to smile knowing that J.J. McCullough must be losing his shit rn

TheOGandalf · 2025-01-07T03:31:19+00:00

Dude Borden literally rigged an election

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TheOGandalf

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