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Jamie Sarkonak: The crusading judge who helped Liberals build a race-based sentencing regime

As a lawyer, Faisal Mirza pushed judges to adopt racial reasoning. Now on the bench, he uses that reasoning to toss out evidence

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There is a judge on the Ontario Superior Court of Justice whose signature move is letting violent men walk free because of racism. One of the architects of race-based sentencing, his name is Faisal Mirza, and he was appointed to the bench by former prime minister Justin Trudeau in 2022.

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Mirza’s flourish of race-based acquittals is not a case of a judge gone rogue: indeed, it’s perfectly on-brand. He was writing about the need for more racial considerations in the Canadian justice system in 2001, before he even became a lawyer. Back then, he argued in the Osgoode Hall Law Journal that mandatory minimum sentences for drug and weapons offences would be racist because of the disproportionate impact they’d have on Black people.

Jamie Sarkonak: The crusading judge who helped Liberals build a race-based sentencing regime Back to video

Toronto police, he asserted, were racist because of the arrest statistics they produced: in 1988, Black individuals comprised 51 per cent of drug arrests, 82 per cent of mugging arrests and 55 per cent of purse snatching arrests. This, he said, was evidence of over-targeting. He concluded that more mandatory minimums would exacerbate the effect, because the threat of being convicted on a charge with a guaranteed jail term would disproportionately pressure Black accused persons to make plea deals and forfeit the opportunity to expose racist police at trial.

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