Impact of Race and Cultural Assessment Justice Scams

"To be clear, the effects of anti-Black racism do not excuse Mr. Abdelgadir or lessen the seriousness of the offence. However, I am satisfied that there is some connection between Mr. Abdelgadir's life experience, anti-Black racism, and his commission of the offence such that it mitigates somewhat his degree of responsibility for the offence."

"Mr. Abdelgadir has been heavily impacted by his father's employment with the UN, multiple relocations, exposure to armed conflict, and unsafe environments. [Abdelgadir] witnessed bodies piled in the streets during the civil war in Yemen in the 1980s."

"Mr. Abdelgadir was subject to racism during his childhood in Bahrain. The IRCA [Impact of Race and Cultural Assessment] describes that he faced significant discrimination as a Black Muslim, and that his family's home was attacked." 

"As the IRCA highlights, Mr. Abdelgadir emphasizes that his stagnation was not the result of a lack of ambition or ability, but rather the consequence of systemic racism, repeated police targeting and unjust criminalization that disrupted his educational and employment trajectory."

Justice Sandra Nishikawa, Ontario Superior Court of Justice 

Samir Abdelgadir, pictured here appearing in court on Zoom in a sketch artist's rendering of his hearing last year, in which he was found guilty of kidnapping, has been sentenced to serve nine-and-a-half years in prison. (Pam Davies/CBC)

 

Any neutral observer not enmeshed with Critical Race Theory, viewing IRCA documents produced by the Viola Desmond Justice Institute might feel otherwise about the 'victimhood' of the man in question, son of a diplomat who had many life advantages but turned to drugs and petty trafficking and managed to rack up a neat little background of criminal activity, crowned by helping to kidnap a child and hold the terrified 14-year-old for 36 hours as leverage against the boy's half-brother who had lifted 90 kilograms of cocaine from its criminal purveyors, his employers.  

"It is an agreed fact that the teen heard the driver tell the person in the backseat that if the teen moved, he should shoot him. I find that the teen believed that the men who kidnapped him had a firearm."

"However, based on the evidence before me, I cannot find beyond a reasonable doubt that a firearm was used."

Justice Nishikawa  

The now-45-year-old Black Muslim, born in North Sudan and estranged from his father at the age of 19 following the divorce of his parents, was not entirely bereft of family support. His father provided him with the wherewithal to buy a condominium in Mississauga, Ontario where he had moved at age 19, later transferring to Hamilton, Ontario for studies at McMaster University where he completed a Bachelor of Commerce and Economics.

 

Abdelgadir's IRCA outlined his acceptance in an MBA program at Toronto Metropolitan University, "but his involvement with the criminal justice system prevented him from pursuing further education". Evidently his efforts to find an apartment after his McMaster graduation were unsuccessful, which he attributed to 'discrimination'. This is when his father gave him a down payment on a condo in 2002, and four years afterward, his brother gave him financial support to buy a house in Hamilton.

 

His dallying with criminal elements in society appears to have led to his being shot on three occasions in May 2023, according to the IRCA. "He has lasting impairments, including difficulty walking for extended periods and chronic exhaustion when outside for more than an hour". He "uses marijuana daily to manage pain". He decided to move to 'informal economies', including sales of marijuana when he failed to find employment in Canada as a Black Muslim, he averred. Arrested age 21 for drug possession he "was taken into custody 'multiple times' for various charges" including cocaine possession.

 

Samir Abdelgadir

He began a landscaping business, then invested in real estate, flipping houses and condominiums for profit, finally investing in two fast-food franchise location in Hamilton, his brother providing financial support for many of his business ventures. As for his interactions with police, Abdelgadir speaks of them as being 'racially motivated'. Police seized money on entering his home, intimidating him, reflecting systemic racial profiling that resulted in 4-1/2 years spent in prison on firearm charges. Abdelgadir described having been arrested some twenty times, charges ranging from substance possession to serious violent offences.

 

On the morning of March 4, 2020 "three men emerged from a Jeep, grabbed S.J." and forced the boy, on his way to school into the vehicle driven by Abdelgadir as the 14-year-old child from a deprived background screamed and struggled in resistance. "S.J. was then taken to a vacant house on Edgeforest Road in Brampton. He was bound and blindfolded." At trial, S.J.'s half-brother Olalekan Osikoya, admitted he had stolen 90 kilograms of cocaine. The boy was released 36 hours later "without proper clothing in the cold in a secluded, wooded area".

 

The boy's brother said the kidnapping had so traumatized the child he could not sleep on his own "because when he tried to sleep, he relived every detail of the abduction." Following that kidnapping, "he damned near went mute", the boy's brother said. The Crown recommended 16 years in prison, while Abdelgadir's lawyer felt five to be appropriate.

 

After crediting Abdelgadir for time spent on stringent bail conditions in pre-trial custody in harsh jail conditions, Justice Nishikawa sentenced the offender to 9.5 years in prison.

 

An Ontario Superior Court of Justice courthouse in Toronto. Photo by Stan Behal/Postmedia