Constance Backhouse, Reckoning with Racism: Police, Judges and the rds Case (Vancouver: UBC Press 2022)

The Supreme Court of Canada heard R. v. rds, the first judicial racial bias case to reach the country’s highest court, in 1997. This youth criminal justice appeal involved a claim that the country’s first Black female judge raised a reasonable apprehension of bias by acknowledging the propensity of police officers to overreact when dealing with racialized people. This criticism of Justice Corrine Sparks’ indirect allusion to racism in policing drew into question whether racism can be acknowledged and addressed in legal proceedings. The targeting of Canada’s first Black female judge with claims of racial bias in a case involving police use of force against a Black youth revealed deep divisions within Canadian law and society. In Reckoning with Racism: Police, Judges and the rds Case, Constance Backhouse delves into the controversy the case evoked, providing a detailed account of the social and historical context in which it was decided and the race and gender dimensions that influenced rds’ path through the courts.

Backhouse’s account of rds begins with a description of the arrest, use of force, and criminal charges against Rodney Small, a Black fifteen-year-old boy in Halifax’s North End. Drawing on trial transcripts and the testimony of the accused, the white arresting police officer Donald Stienburg, and Justice Corrine Sparks herself, Backhouse describes how the trial unfolded, ultimately leading to Small’s acquittal. Backhouse further describes how Justice Corrine Sparks’ oral decision included an acknowledgement that police officers have been known to overreact when dealing with racialized people, comments that were challenged on appeal as raising a reasonable apprehension of bias and which led to unfounded complaints to the Canadian Judicial Council against Justice Sparks.

While this book focuses on the rds case, Backhouse’s description of the trial and subsequent appeals is only part of the story told. Drawing on trial transcripts and extensive interviews with lawyers, judges, and members of the African-Nova Scotian community, including most notably the accused, Rodney Small, and Justice Sparks, Backhouse provides a fascinating history of the case rooted in the personal reflections of those most affected. Her narrative draws on the diverse perspectives of those interviewed, carefully examining the racial and gender dynamics that shaped their experiences and understanding of the facts. Furthermore, Backhouse situates her narrative in its historical and social context by describing the history of slavery and anti-Black racism in Nova Scotia. She provides essential historical context for readers less familiar with the racial discrimination faced by Halifax’s African-Canadian community, including a history marked by overpolicing and police violence. Her account also addresses historical and ongoing racism and sexism within the Canadian legal system that shaped the case’s outcome through the decisions and actions of the lawyers and judges involved.

While much has been written on rds, Backhouse’s book provides a unique account of the case because of its detailed attention to the key players’ backgrounds, informed by the extensive interviews the author undertook. Backhouse’s account is, as the title suggests, focused on racism. Those primarily interested in the rds case for its impact on the law of bias will not find a detailed discussion of the decision in light of Canadian case law. Nor does the book address in detail the evolution of judicial consideration of racism since rds, although subsequent cases have acknowledged the importance of judges considering the social context of racism in their decisions. Backhouse does dissect the appeals in some detail, however, including the four judgements rendered by the Supreme Court. Her description provides information on what was decided and context on the decision-makers’ backgrounds. For example, she describes how the “Gang of Five,” (141) Chief Justice Lamer, and Justices Sopinka, Cory, Iaccobucci, and Major’s judgements differed from the concurring judgement of Justices McLachlin and L’Heureux-Dubé. Providing biographical information on the latter judges’ experiences of sexism, she considers how this may have contributed to their supportive opinion of Justice Sparks.

This book will interest law and society scholars concerned with racism and legal history and anyone interested in critical race theory, feminist legal studies, intersectionality, or the study of misogynoir in Canadian law. Backhouse’s legal expertise and extensive knowledge of Canadian legal history allow her to explain the importance of rds, both legally and socially. It is written in a clear and accessible style to enable those from diverse academic disciplines or interested members of the general public to follow the narrative and learn about rds and racism in Canadian law.

Backhouse’s analysis of rds is especially timely in the current Canadian legal and social climate, when judges increasingly acknowledge anti-Black racism in their judgements, and there is increasing social recognition of anti-Black racism in policing. Many of the themes in this book continue to have pressing social importance. For example, Backhouse’s account of rds highlights the continued importance of diversity in the legal profession and the bench, as she describes how the backgrounds of the lawyers and decision-makers involved influenced the outcome of rds. Her narrative describes how the rds trial dealt with unnecessary police use of force against a Black youth partly because Small’s lawyer, Burnley “Rocky” Jones, a Black anti-racism activist, could recognize the issue and raise it before a Black judge. Backhouse’s account can be read as a rebuttal to those who would suggest that judicial objectivity is possible or that Canadian courts should adopt a colour-blind approach, refusing to acknowledge and consider the realities of racism. Furthermore, her description of Rocky Jones’ work to defend Rodney Small and the efforts of anti-racism activists, intervenors, and African-Nova Scotian community members to support Justice Sparks provide evidence of the power and importance of community organizing and legal clinic advocacy to shine a light on racism and injustice.

Ultimately, Reckoning with Racism: Police, Judges and the rds Case is a thoroughly researched historical account and critical appraisal of a landmark case concerning racism and sexism in the law. It provides an essential new vantage point to consider rds and reflect on historical and current discrimination in Canadian law.

Robin Whitehead

Lakehead University

DOI: https://doi.org/10.52975/llt.2023v92.0021.