On December 4 I posted an article on minimum sentences for child pornography. My article was critical of the use of hypothetical offenders rather than sentencing real offenders. I suggested that a better solution would be for judges to decide in particular cases that if a minimum sentence would be unduly harsh for that particular offender, they should not impose the minimum sentence but instead, impose a fair sentence.

The government has just introduced an amendment to the Criminal Code that implements my suggestion:

718.‍4 (1) When imposing a sentence for an offence that has a minimum punishment of a specified term of imprisonment, a court shall impose a shorter term of imprisonment than the specified term if, in the circumstances, the minimum punishment would amount to cruel and unusual punishment for that offender.

This amendment is simply common sense, avoiding the perceived necessity of inventing clever hypotheticals. I can’t claim credit for the amendment, but I’m glad it was introduced.