The Crown’s appeal of the sentence for a young Black man from Halifax who was caught with a loaded handgun in the waistband of his pants during a traffic stop in November 2018 will be heard Tuesday in the Nova Scotia Court of Appeal.
The hearing will begin at 10 a.m. and will be livestreamed on the Courts of Nova Scotia website.
Rakeem Rayshon Anderson, 25, was found guilty on five firearm-related charges in June 2019 following a trial in Dartmouth provincial court.
In February 2020, Chief Judge Pam Williams imposed a conditional sentence of two years less a day, followed by two years’ probation. The Crown, which had sought a sentence of two to three years in a federal penitentiary, then filed an appeal.
In her decision, Williams noted that an assessment of the impact of race and culture on Anderson and testimony about the availability of Afrocentric services in prisons, jails and the community supported the sentence as fit and appropriate.
“Sadly, both the federal and provincial systems of incarceration have failed to address the needs of African Nova Scotians," the judge said. "Perhaps it is time to look to community to help address those needs for offenders like Mr. Anderson, who I find does not pose a substantial risk to public safety.”
The prosecution conceded a conditional sentence was available but argued it would not adequately address deterrence, denunciation and public safety concerns.
Cultural assessments examine an offender’s background and how issues like poverty and racism have affected their lives and opportunities. Anderson's assessment highlighted the history of Black people in Nova Scotia, including slavery, segregation and discrimination.
The information is meant to help judges consider how systemic racism and the experiences of the offender are to be factored into determining a fit and proper sentence.
The African Nova Scotian Decade for People of African Descent Coalition and the Ontario Criminal Lawyers' Association have been granted intervenor status in the appeal, which will be heard by a five-judge panel.
