The offender, a young Black man, was convicted of possession of a loaded prohibited firearm and carrying a concealed weapon.
At sentencing, the defence introduced expert reports detailing the history and impact of anti-Black racism in Canada, as well as a specific social history report on the offender.
The court admitted these reports, finding that systemic racism, socio-economic disadvantage, and the offender's personal history of trauma and educational failure constrained his choices and lessened his moral blameworthiness.
The court also found that the offender's Charter rights under ss. 7 and 10(b) were violated during his arrest.
The court imposed a sentence of 15 months, reduced to 12 months to remedy the Charter breaches, followed by 18 months of probation, emphasizing that general deterrence and denunciation can be achieved through a more restrained sentence when viewed through a systemic lens.
