Implications of Racism in Canadian Society: R.D.S. v. The Queen
"The courtroom is no place to find the truth."
This quotation is taken from a Hollywood film, but has a tendency to ring true in legal disputes in Canada involving minority groups. Racism as a component in the Canadian societal context has prevented the realization of truth and justice throughout history. For instance, Donald Marshall Jr. endured a wrongful conviction as a result of racism in the criminal justice system. While this dilemma has proved to be most difficult for minority groups to overcome, critical race theory, as implemented by defence lawyers in R.D.S. v. The Queen, has allowed for the realization of racism as truth in Canadian society and provides a tool for minority groups in future legal battles.
In October of 1993, R.D.S., a Nova Scotian Black youth, was arrested by a white police officer and charged with assault on a police officer in the execution of duty, assault with intent to prevent the lawful arrest of another, and resisting his own arrest. In a Nova Scotia Youth Court, R.D.S. testified that he did not touch the police officer or assault him in any way. He stated that he spoke only to his cousin, who was being arrested by Constable Steinburg, to ask the nature of his arrest and whether or not to contact his mother. R.D.S. testified that Constable Steinburg told him to either "shut up" or face arrest. The youth argued that the police officer proceeded to place both himself and his cousin in a choke hold. Constable Steinburg maintained that R.D.S. assaulted him and obstructed his cousin's arrest. He made no reference to telling the youth to shut up or to placing either youth in a choke hold. (1)
Judge Corinne Sparks, also a m...
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... the resulting damage to the criminal justice system. Opponents of this theory prefer a conception of the truth which relies on empirical evidence: if the existence of racism cannot be proven in individual cases, it should not be taken for granted when rendering decisions. Proponents of critical race theory favour a conception of the truth that takes into account the historical presence of racism. Judge Sparks' decision, as upheld by the Supreme Court of Canada, set a precedent for the future recognition of critical race theory's thicker conception of truth which recognizes the presence of racism in the criminal justice system.
Bibliography
Aylward, Carol, Criminal Race Theory Litigation (Halifax: Fernwood, 1999).
"Canadian Critical Race Theory: Racism and the Law." CJS Online. Online.
Available http://www.ualberta.ca/~cjscopy/reviews/critrace.html
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DiFonzo tells his readers that rumors are “unverified information statements that circulate about topics that people perceive as important.” He tells us that rumors provide some type of information.
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