EDMONTON – Alberta Premier Danielle Smith is calling on the federal government to invoke the Charter’s notwithstanding clause to overturn a Supreme Court ruling on child pornography.
The top court has ruled that one-year mandatory minimum sentences for accessing or possessing child pornography are unconstitutional.
Smith says the minimum sentence is already too lenient for such a heinous crime and called on Prime Minister Mark Carney’s government to immediately invoke the clause.
Alberta Premier Danielle Smith holds a press conference on Parliament Hill in Ottawa on Tuesday, Oct. 7, 2025. THE CANADIAN PRESS/Sean Kilpatrick
The rarely used stipulation gives governments the authority to override constitutional rights for up to five years on the grounds of balancing the roles of legislators and the courts.
Smith invoked the notwithstanding clause this week to shut down a provincewide teachers strike, saying the sheer size of the walkout and the emotional and educational harm to students justified the decision.
Groups including Amnesty International and the Canadian Civil Liberties Association have criticized that decision as parliamentary overreach, but others, including Saskatchewan Premier Scott Moe, say governments must do what’s best for the people.
This report by The Canadian Press was first published Oct. 31, 2025.
