The Crown appealed a 12-month sentence imposed on a young Black first-time offender for possession of a loaded handgun.
The trial judge had significantly reduced the sentence based on social context evidence of systemic anti-Black racism.
The Court of Appeal held that while social context evidence of anti-Black racism is highly relevant to assessing an offender's moral blameworthiness and rehabilitative prospects, it does not reduce the objective gravity or seriousness of the offence.
The Court also held that the Gladue framework for Indigenous offenders does not apply directly to Black offenders, though it can inform the approach.
The appeal was allowed and the sentence varied to two years less a day, but permanently stayed due to the passage of time.
