"[Brandon Caleb's] life experiences flowing from his societal disadvantage and anti-Black racism normalized gun possession in his mind. This somewhat attenuates his moral responsibility."
"I am satisfied on a balance of probabilities that factors in Mr. Caleb's life played a significant role in his criminal activity and which diminish his moral culpability."
"They include his history and experience of anti-Black racism; challenges at school; the absence of Black role models; growing up in a community where criminal activity, specifically drug trafficking and gun violence were normalized; and a desire to fit in and belong."
Justice Mohan Sharma, Ontario Superior Court of Justice
"He was exposed to drug users, dealers, and addicts at a young age. He also recalls police surveillance of the community and being stopped several times by the police. He reported knowing friends and others in the community who were shot and killed by gun violence, and an inability to get away from it."
"That exposure to criminal activity can be impactful on youth in this community, especially Black males who internalize it as normal. This increases an individual's susceptibility toward criminality."
"Mr. Caleb normalized the accounts of gun violence and killings he experienced as routine occurrences."
Colleen Sparks, forensic cultural assessor/social worker: Impact of Race and Culture Assessment (IRCA)
In May of 2022 the Toronto Police Service searched a car and a home, warrants in hand, and information they had gleaned by tapping now-39-year-old Brandon Caleb' mobile phone, informed the sentencing judge at the young Black man's criminal trial. This was part of a drug investigation called Project Venom. The search of the home revealed a measuring cup "with white powdery residue in it", two black digital scales, and two phones "located on the living room floor where Mr. Caleb was found sleeping on a mattress with his infant child".
Ultimately Judge Sharma sentenced Brandon Caleb for trafficking and possession of a loaded handgun while under a court-ordered firearm prohibition following an earlier arrest. Justice Sharma's decision was further fortified by the fact that Ontario Provincial Police "officers also found a loaded firearm in the pocket of men's jeans in a dresser shelf in a bedroom closet". Furthermore, intercepted calls also led the judge to the conviction that Mr. Caleb made a series of drug transactions.
The wiretap evidence obtained in March and April of 2022 convinced the judge "that the substances in these calls were controlled substances -- either cocaine, crack cocaine, or fentanyl", and that the man in custody lived at the home that was searched, and "that he had knowledge and control of the firearm". He had also defied an order banning him from possessing a firearm.
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| Brandon Caleb “was exposed to drug users, dealers, and addicts at a young age,” his Impact of Race and Culture Assessment said. Photo by Alex_Schmidt /Getty Images/iStockphoto |
Additional information provided to Judge Sharma emanated from a pre-sentence report and an Impact of Race and Culture Assessment, along with the man's criminal record. According to the Impact Assessment prepared and written by forensic cultural assessor Colleen Sparks, the Lawrence Heights neighbourhood in which Brandon Caleb was brought up was low income, densely populated, disadvantaged and marginalized, with significant exposure to criminality. Tenants of the housing complex are fifty percent comprised of West Indian and African descent, with annual incomes approximating $15,000.
Introduced to marijuana at age 15, "By grade 10, his marijuana use increased from weekly to daily". Before dropping out of Grade 12, he began selling pot. According to Ms. Sparks's analysis and interpretation of the details of Caleb's life, those circumstances "set a trajectory for Mr. Caleb, like other similarly situated young Black men, to internalize a need for belonging, and a diminished sense or hope for a positive future". These very same sentiments are also seen in a preponderance of young White males, but they don't turn to crime in the numbers that young Blacks do; fair to term this 'cultural'.
Perhaps more logically, it could have been postulated with reason, that seeing other young Black men gunned down by their peers in a community atmosphere of gangs, drug dealing, weapons possessions and everyday violence impacting the community, a choice could be made to leave the community, complete an education, find reasonable employment and settle down to a meaningful life. The choices of free agency are always there, including the choices to make 'easy money' by dealing drugs, by joining a gang, by accepting violence and gun ownership as a way of life.
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In excusing or finding reasons to overlook anti-social, sociopathic choices by attributing them to social environmental familiarity, the entire Black community is infantalized, in a state of inability to rationalize their choices, just blindly following a calamitous journey to criminality, accepted as 'normal' for underprivileged societies whose status is partially self-inflicted. In the sympathy extended to young Black men, it is a forgiving, empathetic move that serves to validate those poor choices and in effect 'normalize' them for a community for which nothing better is expected by the justice system.
While the Crown argued for nine years in prison, Mr. Caleb's lawyer recommended two years of house arrest, and probation based on mitigating factors. "These include his reduced moral blameworthiness, based on factors Ms. Sparks identified in the IRCA Report". In the end, Judge Sharma sentenced Caleb to four years and 150 days in prison.
Labels: Black Criminal Rate, Black Overrepresentation in Prisons, Black Sentencing In Canada, Impact of Race and Culture Assessment