Addressing anti-Black Racism in Sentencing: A Critical Comparison of R v Anderson, and R v Morris

Abstract

The release of R v Anderson, 2021 NSCA 62 and R v Morris, 2021 ONCA 68, marked the first time that IRCAs were considered by appellate courts in Canada despite IRCAs being used in sentencing hearings in Nova Scotia and Ontario since 2014. This paper critically assesses Anderson and Morris to highlight and discuss their differences. This critical assessment is necessary because the SCC has not weighed in on the use of IRCAs, and the NSCA and ONCA differ in their approach. As such, other jurisdictions will be looking to the NSCA and ONCA for guidance in IRCA cases. This is especially true now that the federal government has provided some financial support to roll IRCAs out across the country. This paper concludes that Anderson should be considered more persuasive authority on IRCAs primarily because it adopts a holistic approach to addressing anti-Black racism in sentencing, rather than the limited, piecemeal approach adopted in Morris.

Keywords: Criminal Law, Sentencing, IRCA, Impact of Race and Cultural Assessment, R v Anderson, R v Morris