This will do the opposite

"The moral culpability of an African Nova Scotian offender has to be assessed in the context of historic factors and systemic racism."

That's what a chief justice of Justice Anne Derrick of the Nova Scotia Court of Appeal ruled in a recent case.  WTF!!??  Doesn't the law apply equally to all?  Isn't Justice blindfolded?!  Guess not.  Guess she peeked out from under her blindfold on this one.

This is wrong and instead of checking racism, will actually encourage it.  Afterall, such arguments will prompt offenders to cite it at every turn.  Of course, the lawyer for the offender in question, Roger Burrill, applauded it.  "I think it's impactful (not a word, by the way) for the whole country on the basis that systemic racism is completely, totally, unequivocally recognized as a factor in dealing with the principles of sentencing," Burrill said.

The Criminal Lawyers' Association also applauded the move.  "There has been a history of slavery, a history of segregation in this country all of which has (sic) contributed to many challenges they face today," said VP Daniel Brown.  The offender had been sentenced to two years for illegal firearms possession -- a light sentence, in my view, because, hello!, the firearm was illegal.

Courts across the country have been outspoken on the importance of deterrence and tough sentences in gun crimes.  In this case, the prosecutor wanted three years in a federal penitentiary, but Provincial Court Chief Justice Pamela Williams, balked.  So he only got two, but because he is Black, even this is too harsh.  

How does this deter crime?  It doesn't.

Here's a real doozy:  Social workers  testified that gun possession was an accepted cultural norm in the North End of Halifax, where the offender resided, surrounded by poverty and crime.  What a complete crock!  What is happening to this country?!  

Chief Justice Williams said she had "spent many hours agonizing over a just sentence."  It was also pointed out that the offender, a father of four young children, was not a good candidate for for rehabilitation because he had done little to address his education and training deficits while his case was before the court.  So, what was his sentence?  Attend Afrocentric therapy to address trauma, attend literacy and education programs and perform community service.

His poor kids.  They're effed.

And let's not forget, the 1996 Criminal Code provision singling out Indigenous offenders for more lenient treatment has not stemmed an increase in the prison populations.  Natives now make up 31.5% of federal prisoners, in spite of the fact they are only five percent of the population.  So, that was another f-ck-up.  

(For how well the Indigenous People's Court is working, see "Not working", Feb. 1, 2021.)  Spoiler alert, it's not.