R. v. Morris, 2021 ONCA 680: How trial judges should consider evidence of anti-Black racism on sentencing. I can't add much to Reakash's analysis. Here are smaller thoughts.
ontariocourts.ca/decisions/2021…
ontariocourts.ca/decisions/2021…
https://twitter.com/Reakash/status/1446550426078302216
Morris doesn't really say anything new. Defence lawyers should provide the sentencing judge with a detailed report on how anti-black racism impacted their client. The judge should consider whether this ⬇️ the client's blameworthiness and ⬆️the need for rehabilitation.
You wanted to become a criminal lawyer to fight institutional racism? This is your chance. Put in the work, get the report in. Of course, the client needs funding for the report and you need someone capable of writing it.
Be wary if this is the R v Gladue moment for anti-black racism. Gladue was not faithfully obeyed in sentencing courts. The Supreme Court had to re-direct them in Ipeelee. Will they listen this time?
On Gladue, I agree with the ONCA that courts cannot sentence Black offenders the same way as Aboriginal offenders. Parliament could allow for this with the stroke of a pen in s. 718(e).
An easy takeaway from this decision is the propriety of a conditional sentence for a serious gun offence. 
I actually like the Morris decision. The court went as far as it could with our current sentencing statute to address anti-Black racism. Any further change has to come from lawmakers.
Criminal law is to social justice as radiation is to medical treatment. It's blunt, destructive, and not a first measure.
We can figure out who authored the bulk of this decision "By the Court" by determining who loves the phrase "take into account".
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