Mental Health & Anti-Black Racism: Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!
Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In this episode, Kyla Lee from Acumen Law Corporation examines a murder trial where the accused argued that both his mental health struggles and the impact of anti-Black racism should inform his level of moral culpability. The court declined to consider these factors in the way the defence proposed, and the accused received a severe sentence. The Supreme Court of Canada denied leave to appeal—missing an important opportunity to provide clear national guidance on how mental health and systemic racism should be evaluated in criminal trials and sentencing.
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