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Law Legal History

Reckoning with Racism

Police, Judges, and the RDS Case

by (author) Constance Backhouse

Publisher
UBC Press
Initial publish date
Nov 2022
Category
Legal History, Discrimination & Race Relations, Criminal Procedure
  • Paperback / softback

    ISBN
    9780774868273
    Publish Date
    Nov 2022
    List Price
    $27.95
  • eBook

    ISBN
    9780774868297
    Publish Date
    Nov 2022
    List Price
    $27.95
  • Hardback

    ISBN
    9780774868228
    Publish Date
    Nov 2022
    List Price
    $75.00

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Description

In 1997, complacency about the racial neutrality of a predominantly white judiciary was shattered as the Supreme Court of Canada considered a complaint of judicial racial bias for the first time. The judge in question was Corrine Sparks, the country’s first Black female judge.

 

Reckoning with Racism considers the RDS case. A white Halifax police officer had arrested a Black teenager, placed him in a choke hold, and charged him with assaulting an officer and obstructing arrest. In acquitting the teen, Judge Sparks remarked that police sometimes overreacted when dealing with non-white youth. The acquittal held, but most of the white appeal judges critiqued her comments, based on the tradition that the legal system was non-racist unless proven otherwise. That became a matter of wide debate.

 

This book assesses the case of alleged anti-white judicial bias, the surrounding excitement, the dramatic effects on those involved, and the significance for the Canadian legal system.

About the author

Constance Backhouse is a professor of law, distinguished university professor, and university research chair at the University of Ottawa. She obtained her B.A. from the University of Manitoba (1972), her LL.B. from Osgoode Hall (1975), and her LL.M. from Harvard Law School (1979). She was called to the Ontario Bar in 1978. She teaches feminist law, criminal law, human rights, and labour law. She is the author of many award-winning legal history books, including Petticoats & Prejudice: Women and Law in Nineteenth-Century Canada (1991), Colour-Coded: A Legal History of Racism in Canadian Law, 1900–1950 (1999) and The Heiress vs. the Establishment: Mrs. Campbell's Campaign for Legal Justice (2004). She received the Law Society Medal in 1998 and an Honorary Doctorate from the Law Society of Upper Canada in 2002. She has served as an elected bencher of the Law Society from 2002. She became a fellow of the Royal Society of Canada in 2004.

Constance Backhouse's profile page

Editorial Reviews

This is a landmark book about a landmark case in Canadian history.

CHOICE Connect

"I highly recommended this book to everyone working in criminal law and those working with racialized communities, and especially those in Nova Scotia. It will also resonate with fans of true crime, community building, and anti-racist activism."

Canadian Law Library Review

"As Backhouse notes in the introduction, decades before George Floyd, this case brought the discussion of race in our legal system into focus, challenging the white privileged and racial silence that generally characterize Western justice."

Ethnic and Racial Studies

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