How Cultural Differences Can Impact Assault Cases in Surrey

How cultural differences might impact assault cases in Surrey is but a microcosm of systemic problems throughout Canada. In today’s blog we will discuss this impact of cultural differences briefly, however, please note that we do not intend to single out Canada as the only country with these issues. What we are going to describe below is a common problem in many legal systems throughout the world.

It is interesting to look at this topic through the lens of assault cases in Surrey because Surrey, BC, has relatively high rates of crime compared to the rest of Canada (although, in fairness, these rates to appear to be dropping.) However, the issues described are not specific to Surrey, they are the same issues that appear everywhere in Canada, and, also in the United States.

Cultural differences can have a positive or a negative impact on an assault case or another type of criminal case. Let’s look at these contrasting impacts one at a time.

Positive Impact

One potential positive impact of a cultural difference is that a person’s cultural background can be used as a defence. This does not mean that this defence will be effective, and some argue that it is overused. Nevertheless, it is a potential defence. Here is an example. A defence lawyer could argue in court that his or her client, John Smith, committed heinous crimes because he was poor or underprivileged or a drug addict or some combination of those things, and therefore, did not learn the skills necessary to life a productive life.

Negative Impact

More often than not, cultural differences have negative impacts in the provincial and federal legal systems in Canada in some subtle and not-so-subtle ways. For example, while it is up to the Crown to decide whether to pursue a case in court, the cooperation of witnesses may be critical to a case. Witnesses from certain minorities, such as new immigrants, might be very fearful of the legal system and reluctant to testify, making a case hard to prosecute.

Many—particularly minority—cultural groups are overrepresented in the court system, in Surrey, and in other large cities. For example, indigenous individuals are much more likely to be prosecuted and be incarcerated than white Anglo-Saxon Protestants (wasps). This is a complex systemic problem.

Is this because that particular group is doing worse crimes, or is this particular group singled out to be prosecuted? The next question we have to ask is if a specific cultural group is committing more crimes, why is that? Is it because they have fewer opportunities for good jobs and careers because of discrimination? Or is it more complicated than that.

Are Crown prosecutors and judges biased against some cultural groups? So, using the example in our title today, if there are 10 persons participating in a bar fight, do all 10 receive the same assault charges? Or do some minorities receive more charges than other persons?

So, the cultural differences that can impact a criminal case like assault are many. These differences can influence everything from who is willing to testify in court, to who is charged, what kind of penalty they received and how one’s defence lawyer constructs the defence. We like to think that the law applies to everyone equally, but that is not necessarily the case. Nevertheless, a cultural difference can also lead to a lesser penalty.

If you have been charged with assault or other criminal offences, please contact Gagan Nahal for a free consultation in Vancouver at (604) 527-4769 as soon as possible. Mr. Nahal’s law practice focuses on criminal defence law, and he has extensive experience in this area of the law.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients.

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.