Test Cases

Test cases and interventions provide BLAC with an avenue to combat individual and systemic anti-Black racism by presenting courts and tribunals in Ontario with broad, divergent perspectives, especially in matters of public interest; enhancing the ability of courts and tribunals to determine the issues before them; and providing courts and tribunals with information on the historical and sociological context and policy considerations that bear on the validity and constitutionality of laws, policies, and practices.

R v. Morris

Mr. Morris was convicted of various firearm offences. In July 2018, Ontario Superior Court Justice Shaun Nakatsuru sentenced him to a 12-month jail sentence, reduced from 15 months after consideration of Charter breaches. Among other factors, Justice Nakatsuru took into account Mr. Morris’ background and the impact anti-Black racism had in his life, informed by the reports from leading experts on anti-Black racism in Canada. The Crown appealed the sentence and submitted, among other things, that the sentencing judge erred in his treatment of social context evidence of racism.

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