R. v. Anderson, 2021 NSCA 62

Though released before the official launch of the ANSJI, this landmark case was the work of the Institute.

Mr. Anderson was convicted of gun offences and sentenced to a conditional sentence order meaning he could serve his sentence in the community.

The Crown appealed the decision.

The ANSDPAD Coalition acted as an intervener and proposed a substantive framework for the recognition and application of Impact of Race and Culture Assessments (IRCA). 

The Court of Appeal endorsed the position of ANSDPAD and sent a clear message to sentencing judges that in order to address systemic anti-Black racism and overrepresentation in custody, information flowing from IRCAs must be meaningfully accounted for and implemented in the sentencing analysis. If not, it may represent an error in law.

This case represented a significant shift in the law and is seen as the leading case on the sentencing of Black offenders in the country. 

The role of IRCAs in the sentencing of African Nova Scotian offenders will serve to enhance the credibility of the criminal justice system in the eyes of a broad and diverse public by increasing the likelihood of the sentences imposed being seen as just and appropriate. Respect for the law and the maintenance of a just, peaceful and safe society is not achieved by putting disproportionate numbers of Black and Indigenous offenders behind bars having left unaddressed, in the context of sentencing, the deeply entrenched historical disadvantage and systemic racism that more than likely had a hand in bringing them before the courts.

Link to Decision: R. v. Anderson, 2021 NSCA 62

Link to Press Conference: ANSDPAD Press Conference