Differential justice by race is here:
A mentally disabled father in Nova Scotia began having sex with his mentally disabled daughter when she was 19 or 20. At 23, she gave birth to his severely developmentally delayed child
The court sentenced the father to 2 years of house arrest rather than the 4 to 6 years imprisonment listed in its guidelines.
An appeals court rejected the Crown's bid for a longer sentence, citing his race as grounds for leniency:
"“The moral culpability of an African Nova Scotian offender has to be assessed in the context of historic factors and systemic racism, as was done in this case..." the judge, writing for the majority, said.
A mentally disabled father in Nova Scotia began having sex with his mentally disabled daughter when she was 19 or 20. At 23, she gave birth to his severely developmentally delayed child
The court sentenced the father to 2 years of house arrest rather than the 4 to 6 years imprisonment listed in its guidelines.
An appeals court rejected the Crown's bid for a longer sentence, citing his race as grounds for leniency:
"“The moral culpability of an African Nova Scotian offender has to be assessed in the context of historic factors and systemic racism, as was done in this case..." the judge, writing for the majority, said.
This has happened before Nova Scotia -- judge justifies giving black man suspended sentence for five firearms violations with reference to "race and culture assessment" and "testimony about the availability of Afrocentric services in prisons and jails"
globalnews.ca/news/7728851/c…
globalnews.ca/news/7728851/c…
Since 2021, Canadian judges have had to apply different rules to those who "identify as indigenous" in
bail, sentencing, appeals, parole board hearings, extradition, mental health review boards hearings,
professional disciplinary decisions, and long-term or dangerous offender hearings
bail, sentencing, appeals, parole board hearings, extradition, mental health review boards hearings,
professional disciplinary decisions, and long-term or dangerous offender hearings
Although the US is the birthplace of Critical Race Theory, its more extreme manifestations in the criminal justice context are occurring in Canada.
The US Supreme Court ruled against a claim that a statistical analysis finding the death penalty was more likely if the murder victim was white should be grounds for mitigating a death penalty sentence in 1987
The US Supreme Court ruled against a claim that a statistical analysis finding the death penalty was more likely if the murder victim was white should be grounds for mitigating a death penalty sentence in 1987
Correction: differential treatment for the indigenous has been the laws since 1999. It was expanded to encompass black offenders in Nova Scotia in 2019 and Ontario in 2021. Ontario courts factor race into whether to allow telling a jury about the accused’s criminal record…
2nd correction: this was not the sentencing judge. This is a member of the appeals court panel who actually dissented from the majority opinion but did not feel there was enough ground to overturn the sentence. RT’d what a reply person posted, apologies for not checking
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