N.S. top court: judges must consider systemic racism when sentencing Black offenders

Aug 23, 2021

HALIFAX -- Nova Scotia's top court has ruled that trial judges must consider the historical disadvantages and systemic racism facing Black offenders when issuing sentences.

Justice Anne S. Derrick, on behalf of a five-judge Court of Appeal panel, said inquiring about the systemic issues facing African Nova Scotians could help reduce the levels of incarceration in that community.

The Appeal Court ruling follows a change to the Criminal Code in 1996 requiring judges during sentencing to consider the particular circumstances of Indigenous offenders.

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