changing prosecution policies to combat systemic racism against Black individuals
prosecution policy reforms aimed at addressing anti-Black discrimination.

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Nova Scotia Prosecution Service Implements New Policy to Address Anti-Black Racism

The Nova Scotia Public Prosecution Service has introduced a groundbreaking policy aimed at addressing systemic anti-Black racism within the province’s justice system. This policy, unveiled after years of research and development, is designed to guide Crown attorneys in handling criminal cases involving African Nova Scotians and individuals of African descent.

Rick Woodburn, the acting director of public prosecutions, emphasised the necessity of this policy in response to the disproportionate representation of Black individuals in the criminal justice system. “This policy signifies a commitment to transparency, fairness, and justice for African Nova Scotians, marking a significant step towards addressing overrepresentation,” Woodburn stated.

The comprehensive policy acknowledges the enduring impact of slavery in Canada, dating back to 1713 and its abolition in 1833. It also recognises ongoing racist policies and practices that have perpetuated social and economic disparities for African Nova Scotians.

Key Components of the Policy

The 16-page policy outlines various measures to ensure fair treatment of African Nova Scotians and individuals of African descent within the criminal justice system. These include:

• Ensuring police disclosure of evidence is free from racism and discrimination when the accused is identified as African Nova Scotian or of African descent.
• Diverting criminal cases to the restorative justice program to reduce the number of Black individuals in custody.
• Using Impact of Race and Culture Assessments to provide the court with insights into the accused’s cultural background.

• Challenging potential jurors for racial bias during the selection process.

The restorative justice program focuses on rehabilitating offenders through reconciliation with victims and the community. Successful completion of the program often results in the dismissal of charges against the offender.

Historical Context and Impact

The establishment of the Nova Scotia Public Prosecution Service in 1990 was a response to the public inquiry into the wrongful conviction of Donald Marshall Jr. in 1971. Marshall spent 11 years in prison for a crime he did not commit, highlighting the failures of the criminal justice system plagued by racism and incompetence.

The proactive approach taken by the Public Prosecution Service through this new policy reflects a commitment to rectifying past injustices and creating a more equitable and inclusive legal system for all Nova Scotians.

This report by The Canadian Press was first published on Feb 29, 2024.

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changing prosecution policies to fight anti-Black racism
prosecution policies to combat anti-Black racism.