New Policy in Nova Scotia Requests Special Treatment for Black Individuals in Anti-Racism Efforts
Nova Scotia has recently implemented a policy to address “systemic anti-black” racism in the province’s judicial system.
The policy encourages crown attorneys to apply different bail conditions, view secure custody as a last resort, and outlines how the defense may dismiss biased jurors.
According to defense attorney Ari Goldkind, this policy in Nova Scotia surpasses other anti-racism justice policies in Canada, potentially leading to some crimes being inadequately punished.
Mr. Goldkind criticized the policy for neglecting the justice that victims of these crimes deserve, who are often part of the same community.
He questioned if victims of crime should receive a two-tiered justice system as well.
What the Policy Entails
Regarding bail, the policy suggests that crown attorneys should consider alternative bail conditions that do not disproportionately impact black individuals.
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The policy instructs crown attorneys to request secure custody only as a last resort for black defendants and explore alternative sentencing options.
The connection between systemic factors and criminal acts does not require direct proof, but it should be linked to systemic racism that may explain or mitigate the criminal behavior.
The policy also allows defendants to challenge potential jurors for racial bias, emphasizing the prevalence of prejudice in society.
Defense counsel can opt for a trial without a jury, leaving the decision to the presiding judge.
‘Moral Blameworthiness’
The sentencing provisions in the criminal code aim to assess the moral blameworthiness of an offender, according to Mr. Goldkind.
He believes that treating individuals differently based on race or group identity is unjust.
The PPS, as described by acting director Rick Woodburn, sees the new policy as a commitment to transparency, fairness, and justice for black individuals in Nova Scotia.
