SECTIONS CLOSE
  • Home
  • Directory
    • Artists
    • Black Youth & Family Services
    • Books
    • Business
    • Films
    • Politicians
  • News
  • Opinion
  • Entertainment
    • Books
    • Film & TV
    • Music
    • Stage
  • The Experts
    • Fashion
    • Food
    • Health
    • Legal
    • Marketing
    • Money
    • Motivation
    • Parenting
    • Real Estate
    • Sex & Relationships
    • Technology
    • Travel
  • Profiles
    • Artists
    • Business
    • NFP/Charities
    • Personalities
    • Food & Drink
    • Sponsored Profiles
  • The Father Project
    • Fathers Responses
  • Archive
  • Newsletter Archive
    • Subscribe to our Newsletter
  • PCA
    • 2024 ByBlacks.com PCA Winners List
    • 2023 ByBlacks.com PCA Winners List
    • 2022 ByBlacks.com PCA Winners List
    • 2021 ByBlacks.com PCA Winners List
    • 2020 ByBlacks.com PCA Winners List
    • 2019 ByBlacks.com PCA Winners List
    • 2018 ByBlacks.com PCA Winners List
  • Restaurant Week
    • Prix Fixe Menus
      • Prix Fixe Menus - AB
      • Prix Fixe Menus - BC
      • Prix Fixe Menus - NS
      • Prix Fixe Menus - NB
      • Prix Fixe Menus - ON
      • Prix Fixe Menus - PEI
  • About Us
  • Advertise
  • FAQs
  • Editorial
  • General
  • Press
  • Privacy
  • Sales
  • User Login

ByBlacks.com | #1 online magazine for Black Canadians

Legal

Ontario Court Recognizes Anti-Black Racism In Gun Crime Ruling

Ontario Court Recognizes Anti-Black Racism In Gun Crime Ruling
Walker Law Professional Corporation By Walker Law Professional Corporation
Published on Sunday, February 6, 2022 - 06:17
In August 2021, we wrote about a decision where an Ontario Court of Appeal acknowledged the existence of anti-Black racism in a case involving Dafonte Miller and the Theriault brothers (R. v. Theriault, 2021 ONCA 517). You can read that article here.

The Ontario Superior Court of Justice recently granted bail to a Black man, Vaughan Roberts, citing the Theriault decision. In R. v. Roberts, 2021 ONSC 8401, Mr. Roberts was charged with second-degree murder and attempted murder after allegedly firing shots at two victims before fleeing a residence in Kingston, Ontario.

The incident

On August 12, 2021, an argument ensued between Mr. Roberts and Jason Wagar at an apartment before shots were fired at Mr. Wagar. Michael Muchmore was in the bathroom when the shooting occurred. When he exited the bathroom, he claims that Mr. Roberts fired two shots at him before fleeing the apartment. However, the bullets did not hit Mr. Muchmore.

After the shooting, police were called and provided a description matching Mr. Roberts. The police found Mr. Roberts jogging down the street with a backpack that contained $7,225 in cash and 76 tablets of Percocet. A fanny pack was also located close to where Mr. Roberts fled, holding a firearm that matched the one used to shoot Mr. Wagar.

The Judge’s decision

To be successful on an application to be released on bail, the Applicant must show that his detention is not necessary on three grounds: to ensure his attendance at trial, to protect the safety of the public, and to maintain confidence in the administration of justice having regard to all circumstances of the event, including the strength of the Crown’s case, the gravity of the offence, the circumstances surrounding the commission of the event, and the term of imprisonment.

The bail hearing introduced evidence to show that Mr. Roberts may have been the target of a hate crime immediately preceding the incident that took place. They also produced text messages between Mr. Wagar and another occupant of the apartment indicating that they were planning on robbing Mr. Roberts while he was sleeping. The text messages also contained inappropriate language and racial slurs to describe Mr. Roberts. Moreover, additional evidence implicated Mr. Muchmore in the plan to rob Mr. Roberts.

The Judge found that the seriousness of the offence and a potentially lengthy prison sentence warranted the charges; however, there were weaknesses in the Crown’s case, including a potential claim of self-defence. In considering the circumstances surrounding the commission of the crime, the evidence showed that Mr. Roberts may have been the target of a racially motivated attack, which under Theriault is relevant and should be considered when rendering a ruling in this matter.

Considering the context of the crime and Mr. Roberts' lack of a criminal record, the Court decided to grant bail conditions to Mr. Roberts, which included house arrest outside working hours and wearing a GPS monitoring device.

Moving forward

As we enter 2022, we hope to see more Judges across the country take anti-Black racism into account when they make their decisions.

Last modified on Monday, February 7, 2022 - 12:39

Featured Directory Listings

  • As Told By Canadian Immigrants
    As Told By Canadian...https:/...Name: As Told By Canadian Immigrants
  • Becoming Institute Inc.
    Becoming Institute...https:/...Name: Becoming Institute Inc.
  • Oya Black Arts Coalition (OBAC)
    Oya Black Arts...https:/...Name: Oya Black Arts Coalition (OBAC)
  • Frontlines TO
    Frontlines TOfrontlines.toName: Frontlines TO
  • Edible Bliss 11
    Edible Bliss 11https:/...Name: Edible Bliss 11
  • SEE ALL LISTINGS
  • LEGAL
  • HATE CRIME
  • TANYA WALKER
  • WALKER LAW
  • LAW
  • ANTI BLACK RACISM
  • GUN VIOLENCE
Walker Law Professional Corporation By Walker Law Professional Corporation

Latest from Walker Law Professional Corporation

  • “Go Back To Work Slave.” Ontario Human Rights Tribunal Awards Black Woman Just $250 In Damages For Racist Comment
  • Racial Profiling at the Airport: A Closer Look at the Edwards Case
  • Fired CFO Awarded Over $640K After Discrimination Battle
  • The Right To Know: Why Failed Police Applicants Deserve An Explanation
  • Ontario Company Sues Black Employee For Speaking Publicly About Racism In The Workplace

MORE IN THIS CATEGORY

Buyer Beware! Why a Dispute With Your Contractor May Affect Your Mortgage
Buyer Beware! Why a Dispute With Your Contractor May Affect Your Mortgage 16 December 2021
Looking Back: How Canada's Laws Kept Racism Firmly In Place 17 February 2022
Looking Back: How Canada's Laws Kept Racism Firmly In Place

RELATED STORIES

Jazz, Mail, And Justice: How Two Black Pioneers Changed Canada’s History

Jazz, Mail, And Justice: How Two Black Pioneers Changed Canada’s History

26 September 2024
Is It Ever A Good Idea To Confront Microaggressions In The Workplace?

Is It Ever A Good Idea To Confront Microaggressions In The Workplace?

27 April 2024
How To Uncringe Your Black History Month Communications

How To Uncringe Your Black History Month Communications

22 February 2024
ByBlacks.com | #1 online magazine for Black Canadians
Magazines Canada
  • About Us
  • Advertise
  • FAQs
  • Editorial
  • General
  • Press
  • Privacy
  • Sales
  • User Login
Copyright © 2013 - 2025 ByBlacks.com, Inc. All rights reserved.
developed by Nuevvo