In a decision released last week, R v Morrison, 2019 SCC 15, the Supreme Court considered various aspects of the Criminal Code that deal with the offence of child luring. The Court was asked to consider the constitutionality of three parts of the offence, and ultimately found one section to be unconstitutional and the other two as being valid.
The Ontario Court of Appeal, in the decision of R. v. Morrison, has recently upheld a decision of the trial judge to strike down the mandatory minimum sentence of one year in jail for the offence of child luring.
The offence of luring a child (section 172.1 of the Criminal Code) punishes those who communicate with a person believed to be under the age of 16 years for the purpose of facilitating a sexual offence, such as sexual interference. The elements of the child luring offence are: