Manitoba Premier Wab Kinew sparked controversy on Monday by criticizing a recent Supreme Court of Canada decision on child pornography, advocating for offenders to be buried beneath prisons. Kinew emphasized the severity of child sexual abuse images and videos, stating that individuals engaging in such acts should not only face long prison sentences but also be placed in general population without protective custody.
The Supreme Court ruling last week declared that mandatory minimum jail sentences of one year for accessing or possessing child pornography are unconstitutional. This decision, reached by a 5-4 majority, highlighted that such minimum sentences restrict judges’ ability to consider alternative sentencing options beyond imprisonment.
Several conservative figures, including Opposition Leader Pierre Poilievre, Alberta Premier Danielle Smith, and Ontario Premier Doug Ford, have called on Ottawa to override the Supreme Court decision using the notwithstanding clause. This clause 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 others in opposing the court ruling, which he described as “disgusting.” He criticized the decision as incomprehensible to the general public and used derogatory language, referring to sex offenders as “skinners.”
In response to Kinew’s remarks, the Criminal Defence Lawyers Association of Manitoba condemned his statements as unhelpful and urged caution in his public comments. The association emphasized that the ruling addresses exceptional cases where a sentence less severe than a year in prison may be appropriate, highlighting the importance of understanding the nuances of legal decisions.
Furthermore, Kinew faced criticism for suggesting vigilante justice, with the association denouncing such sentiments and emphasizing the need for adherence to the legal system’s principles of fairness and due process. This incident is not the first time Kinew has drawn criticism for his comments on legal matters, as he previously issued apologies for remarks related to the expulsion of a fellow caucus member.
Recently, Kinew introduced a bill in Manitoba requiring judges to assess the constitutionality of government invocations of the notwithstanding clause. While judges would not have the authority to block such actions, they would provide opinions on the potential unconstitutionality of bills if not for the notwithstanding clause.
Kinew has also voiced disapproval of other provinces’ use of the notwithstanding clause, citing instances where it was employed to curtail the rights of vulnerable groups. Notable examples include Saskatchewan’s law on name and pronoun changes for children, Alberta’s legislation concerning striking teachers, and Quebec’s prohibition on public sector workers from wearing religious symbols in certain roles.