Manitoba Premier Wab Kinew is joining other premiers in denouncing a Supreme Court of Canada ruling on child pornography.
The high court last week ruled the one-year mandatory minimum jail sentences for accessing or possessing child pornography are unconstitutional.
Conservative politicians such as Opposition Leader Pierre Poilievre, Alberta Premier Danielle Smith and Ontario Premier Doug Ford have demanded Ottawa overrule the decision with the notwithstanding clause.
Kinew, a New Democrat, says he stands with Smith, Ford and others, and feels the court ruling does not make sense to the average person.
He says offenders should not only go to prison but should be denied protective custody and be buried under the prison.
In a 5-4 decision, the top court said the minimum sentences remove judges’ discretion to impose sentences other than imprisonment when appropriate.
“Child sexual abuse images and video, this is like one of the worst things that anyone can do,” Kinew told reporters Monday.
“Not only should [you] go to prison for a long time, they should bury you under the prison. You shouldn’t get protective custody. They should put you into general population, if you know what I mean.”
Kinew recently introduced a bill that would require judges to weigh in any time the Manitoba government invokes the notwithstanding clause to override Charter rights.
Judges would not have the power to stop the government but would issue an opinion on whether the bill would be unconstitutional if not for the notwithstanding clause.
Manitoba has never invoked the notwithstanding clause, which allows governments to override certain Charter rights.
Kinew recently criticized Quebec, Alberta and Saskatchewan’s use of the clause, saying the governments in those provinces were using it to attack the rights of vulnerable people.
The Saskatchewan government invoked the clause for a law that prevents children under 16 from changing their names or pronouns at school without parental consent.
The Alberta government employed the clause last week as part of a bill ordering striking teachers back to work.
Quebec used the notwithstanding clause to prohibit some public sector workers in positions of authority from wearing religious symbols while on the job.
