R. v. Wournell, 2023 NSCA 53

Mr. Wournell was sentenced to two years in prison for gun offences.

ANSJI partnered with Nova Scotia Legal Aid to represent Mr. Wournell and appeal the decision arguing that the sentencing judge erred by failing to meaningfully apply the information received in the Impact of Race and Culture Assessment (IRCA).

The Court of Appeal agreed and re-affirmed that sentencing judges must make an effort to engage with the information provided in an IRCA.

What is missing from the sentencing judge’s reasons is “proper attention” to the appellant’s circumstances in the crafting of a proportionate sentence…There was specific information made available to the judge about the appellant, a racialized offender, that was relevant to his obligation to determine an individualized sentence. There is nothing in the judge’s reasons to indicate he went beyond his awareness of the information to applying it in the course of discharging the delicate task of contextualized sentencing.

Link to Decision: R. v. Wournell, 2023 NSCA