The Theriault verdict is a difficult one to unpack. Essentially, Di Luca says the brothers probably did all the horrible things they are alleged to have done, but probability is not the standard in criminal cases. "Beyond a reasonable doubt" is. 1/X

Only assault on the part of Michael can be proven beyond a reasonable doubt. 2/X

This case was a difficult one from the outset: It is important that every accused gets a fair trial, even when the accused is trash. The burden of the state must not be relaxed, even in difficult cases. 3/X

At the same time, we are fighting a community perception and, in large part, the reality of Black lives, that police who commit crimes are never held accountable, especially when the victims of those crimes are Black men. 4/X

This decision does not dispel that perception. 5/X

But Di Luca J. touched upon something important at the outset of his reasons: While this case and others like it raise significant issues in race and policing that should be further examined, that is not his task. 6/X

His task is more focused and narrow. It is to decide whether the Crown has proved the case beyond a reasonable doubt based on the evidence presented in court. 7/X

The place to address multi-faceted social problems is not a criminal court in the context of a particular case. We need an inquiry. We need the legislator to address these issues. And Dafonte needs to sue. 8/X

Back to the actual reasons: It's hard to understand why Di Luca J. chose to break his analysis down the way he did rather than viewing the entire incident as a continuing course of conduct by two aggressors. 9/X

I suspect it has to do with the credibility issues that he found with Dafonte's evidence. They created reasonable doubt re: the absence of self-defence that he tried to contain so that there would be room to convict on something. 10/X

Di Luca J. made some v. imp. observations about Dafonte's credibility, tho. 11/X

Recognizing a justifiable mistrust in the police, he observed that, as a young Black man, Dafonte might well have had good reason to lie to them, & that his credibility should not automatically take a hit as a result of this deception. 12/X

Also of significance is his statement that he carefully considered the racialized context in which this case arose. I'm not sure he did much with this context. He could have done more, but was limited by the evidence. The Crown could have called evidence on this. 13/X

Please consider helping Dafonte and his family. They’ve been suffering for years: https://twitter.com/desmondcole/status/1276572541453316096?s=21 https://twitter.com/desmondcole/status/1276572541453316096