A move toward justice: Judges ordered to factor in systemic racism when sentencing Black offenders

HALIFAX -

A Nova Scotia court ruling ordering judges to factor in the effects of systemic racism when handing down sentences to Black offenders is long overdue and will go a long way to making justice more colour blind, according to advocates.

It began as a relatively unremarkable case, centred around Rakeem Anderson - an African Nova Scotian man who was convicted of firearm charges in 2019.

The judge handed him a conditional sentence, saying she'd factored-in a race and culture report, but added the sentence likely wouldn't deter anyone else because of socio-economic forces that are "firmly entrenched in systemic racism and marginalization."

The crown appealed the decision, looking for more guidance from a higher court, and it came a week ago.

In a 50-page decision from the Court of Appeal, trial judges were ordered to consider the historical disadvantages and systemic racism experienced by Black offenders when handing-down sentences.

In the summary, Justice Anne Derrick noted, "Mr. Anderson's sentencing shows that change is possible, for the offender, and as significantly, for our system of criminal justice.”

"I think it's an absolutely good thing," commented Wayne MacKay, Dalhousie University professor Emeritus of Law.

"It's actually part of justice being genuinely blind, even though it isn't exactly equal in the sense that, everybody gets exactly the same; it's equal in the sense that people get a fair result."

"People do have different backgrounds.  It does affect how they get along in life, and the courts should take account of that."

Race has been a factor in sentencing since 1996, when judges were ordered to factor it in for Indigenous offenders.

Experts say making it mandatory for African Nova Scotians only makes sense.

The decision was lauded by advocates at a news conference at the Delmore Buddy Daye Learning Institute in Halifax on Tuesday

"Certainly a clear message from the Court of Appeal  that, moving forward, judges are going to be held to a certain standard in terms of applying this information," said Brandon Rolle, a Managing Lawyer for Nova Scotia legal Aid.

"This is a move towards Justice," said Robert Wright, Executive Director of The People's Counselling Clinic, and the man tasked with leading the national roll out across the country.

On August 13, Federal Justice Minister David Lametti announced $6.64 million over five years, followed by $1.6 million annually on an ongoing basis.

Work has already started on assembling teams to prepare the reports for judges.

"So that the experience and the work that we have accomplished here in Nova Scotia can be spread from, as we say, from sea to sea to sea here in Canada," said Wright.