The Impact of Anti-Black Racism on the Sentencing of “Black Offenders” in Canada: What Is the Correct Approach?

Should the approach to the sentencing of “Black offenders” in Canada be different from the approach to non-Black offenders as a result of the history of racism and discrimination suffered by Black people in Canada? In this column, I am going to review two recent Canadian Court of Appeal decisions (R. v. Anderson, 2021 NSCA 62, and R. v. Morris, 2021 ONCA 680), which have considered this question. As will be seen, two very different answers have been provided, sparking a debate in Canada about the appropriate approach to be taken to the sentencing of individuals who are members of a group that have been the subject of historical racism and discrimination.