Imagine a world where judges always wrote and worked with empathy. From R. v. Armitage:
[55] If I could describe Mr. Armitage as a tree, his roots remain hidden beneath the ground. I can see what he is now. I can see the trunk. I can see the leaves. But much of what he is and what has brought him before me, I cannot see. They are still buried. But I am sure that some of those roots involve his aboriginal heritage and ancestry. They help define who he is. They have been a factor in his offending. They must be taken into account in his sentencing.
[56] It is also obvious that this tree is not healthy. The leaves droop and appear sickly. It does not flourish regardless of the attention paid upon it. The tree needs healing.
[57] A part of any sentencing for an Aboriginal offender is to see if there is a way to further that healing. Of the offender and of the community he lives in.
[58] One important thing I must consider is the past injustices done to the aboriginal peoples in this country. How that has affected the present. How that has affected Mr. Armitage. I must also consider the present problem of the over-incarceration of aboriginal offenders.
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[62] I find that Mr. Armitage appears before me as a dispirited man. He has really no self-esteem. He does not think of himself as important. As a result, he does not seem to care about what he does. The harm he has caused to others. The harm he has caused to himself. His spirit has fallen ill. Although I cannot say exactly how or describe it in easy to understand words, it strikes me that Mr. Armitage is a metaphor for what negative effects colonization has had on many First Nations people and communities.
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