CL
Answered
How does the Canadian case of R.D.S.vs.The Queen demonstrate that,according to critical race theorists,legal principles such as "justice is blind" are not always upheld?
On May 27, 2024
In this case,a black youth in Nova Scotia was arrested and charged with assaulting a white police officer as the officer tried to arrest another youth.The original judge in the case,Judge Corrine Sparks,was the only black woman judge in Nova Scotia.Judge Sparks acquitted the youth and made reference to tensions between the police and non-white persons.Critical race theorists point out that white judges make decisions based on their experiences daily,but when a black woman judge made reference to racial tensions,the case was appealed to the Supreme Court.The Court upheld the original acquittal and accepted the argument that a reasonable person would use his or her knowledge of the social context of the community and race relations,as long as that knowledge was relevant,not based on stereotype,and did not prevent a fair decision.As such,this case challenges the notion of colour-blindness within the Canadian justice system.