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A young Halifax man who was caught with a loaded handgun in the waistband of his pants during a traffic stop in November 2018 will not be going to prison as the Crown requested.

Rakeem Rayshon Anderson, 24, was found guilty of five firearm-related charges last June following a trial in Dartmouth provincial court.

Chief Judge Pam Williams last month imposed a conditional sentence of two years less a day, followed by two years’ probation. Her written decision was released this week.

“I have spent many hours deliberating and agonizing over the determination of a fit and appropriate sentence for this offender and this offence,” Williams said in the decision.

“Sadly, both the federal and provincial systems of incarceration have failed to address the needs of African Nova Scotians. Perhaps it is time to look to community to help address those needs for offenders like Mr. Anderson, who I find does not pose a substantial risk to public safety.”

"Rakeem was thrown into the world as a young adult lacking the skills and knowledge to thrive and survive." - Judge Pam Williams

The Crown recommended two to three years of incarceration in a federal facility for Anderson, saying deterrence – both specific and general – had to be the paramount sentencing consideration.

The defence urged the judge to give Anderson a jail term of under two years but allow him to serve the sentence in the community under strict conditions.

The prosecution conceded that a conditional sentence was available but argued it would not be appropriate in this case because it would not adequately address deterrence, denunciation and public safety concerns.

“Clearly, as a responsive modern society, we must identify and address root causes of offending if we hope to reduce crime,” the judge said. “Sentences that solely or primarily emphasize deterrence and denunciation have not made our communities safer places in which to live.

“Punishment does not change behaviour when the actions are rooted in marginalization, discrimination and poverty. Incarceration is to be a last resort; restraint must be exercised, where appropriate. Having said that, offenders who pose a real risk to public safety must be separated from society.”

An assessment of the impact of race and culture on Anderson was prepared for the sentencing, and the judge heard testimony from several African Nova Scotian professionals.

'Sense of hopelessness'

The court was told Anderson is a "good-hearted" young black man and father of four young children, with whom he spends a lot of time. “He clearly loves them very much but struggles with the resources needed to adequately parent,” the judge said.

Anderson has a Grade 6 education and a sporadic work history, but was described by a former employer as a reliable and hard-working employee who doesn’t realize his potential.

He lost his only black role model at the age of eight, when his father died, and has lost four friends as a result of violence. After his fourth friend was murdered in the summer of 2016, he began carrying a gun out of fear for his own safety.

The assessment concludes that the system has failed Anderson “on all fronts.”

“Rakeem was thrown into the world as a young adult lacking the skills and knowledge to thrive and survive - no resources, supports or interventions, without therapy for trauma and loss, and a very low elementary level education,” the report says. “This is a recipe for disaster.”

The judge noted that Anderson has only one prior adult conviction, for break and enter at the age of 18, and has been on bail since November 2018 without incident.

“Mr. Anderson has not engaged in rehabilitative efforts to address education or employment deficits,” she said. “One might conclude that Mr. Anderson is not interested in improving his life circumstances. But the issue is more complicated than that.

“Life-long trauma has left Mr. Anderson with a sense of hopelessness and a lack of self-worth. His mother put it well in the presentence report: ‘Rakeem is giving up on himself because he believes he’s going to jail.’

“Mr. Anderson needs Afrocentric therapy interventions and an African Nova Scotian male mentor (or) role model. He needs substantial literacy and vocational interventions that are offered to African Nova Scotians specifically.”

Williams said that regardless of the sentence imposed on Anderson, it will likely do little to deter others in similar circumstances.

“The socio-economic forces at play are so powerful and are firmly entrenched in systemic racism and marginalization,” she said.

“Do I impose a sentence of incarceration that I know will not help or do I impose a jail term in the community, affording the opportunity to blend principles of deterrence (and) denunciation with restorative options of accountability and reparation?

“Mr. Anderson has the opportunity, with the assistance of his community, to be held accountable, to be rehabilitated and to give back. I believe that he is at a place in his life where he is ready to take full advantage of the opportunities that come with serving a substantial jail term in the community under stringent conditions."

Anderson will be on house arrest for the first eight months of the conditional sentence and subject to a 9 p.m.-6 a.m. curfew for the following eight months.

He must complete 50 hours of community service in the African Nova Scotian community as part of the conditional sentence and another 150 hours while on probation.

The judge recommended that Anderson’s conditional sentence supervisor and probation officer be African Nova Scotian.

Williams also prohibited Anderson from havng firearms for 10 years and ordered him to provide a DNA sample for a national databank.

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