Dafonte Miller and the R. v. Theriault Verdict and Appeal: Julian Falconer Insists That the Justice System Must Learn to Factor in the Role of Racism

Julian Falconer of Falconers LLP spoke recently with journalist Aidan MacNab of the Law Times on the Crown’s decision to appeal the verdict in R. v Theriault, a case involving the brutal assault in December 2016 of Dafonte Miller, a Black youth, by off-duty Toronto Police Constable Michael Theriault and his brother Christian Theriault, both White men.

Falconer emphasized that for the justice system to keep up with the times and ensure its analyses and results are not detached from reality, it is “going to have to be able to factor in the role of racism in these kinds of cases.”

Falconers LLP represents Dafonte Miller and his family in civil proceedings and investigations into misconduct relating to the December 2016 assault.

The full Law Times article can be found here

Further background information can be found here, in the following Falconers LLP blog posts:

Dafonte Miller Case: ‘Troubling Aspects and Unanswered Questions’ Proclaims Mayor of Toronto, Tory  July 25, 2017

Investigations Abound in Dafonte Miller Case  July 31, 2017

Toronto Police Constable Theriault, and brother, mislead investigation in ‘deplorable’ police handling of Dafonte Miller Case  August 2, 2017

Supported by OHRC and Community Coalition, Miller Family Files OIPRD Complaint Against Theriaults, Toronto and Durham Police, and Calls for Systemic Review by OIPRD  August 16, 2017

“Gratuitous Attack and Deliberate Concealment of Crime”: Dafonte Miller Case  August 17, 2017

Dafonte Miller Case Prompts Durham Police to Adopt New SIU Notification Procedure  September 11, 2017

Police Constable Michael Theriault “Guilty” of Assault: Judge Convicts Toronto Police Officer for Brutal Beating of Black Youth  June 26, 2020

Falconer Calls for Federal Royal Commission of Inquiry into Policing in Wake of Conviction of PC Theriault   June 30, 2020

OIPRD Report Reveals that Cover-Up at Toronto Police Service Kept Chief Saunders in the Dark  August 7, 2020




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