“ The assault on the complainant was severe, cowardly, and caused serious injuries, for which Burdi expressed neither remorse nor regret. The appellant's aim in life was to promote hatred, violence, and racism, and it was appropriate for the trial judge to take this into account. It was not merely the brutality of the assault or the assailant which made the sentence fit, but also the unconscionable racist context in which it took place. [para12] Accordingly, leave to appeal sentence is allowed, but the appeal from sentence is dismissed. ”

“ The appellant also appealed his 12 month sentence. We can see nothing unreasonable about the sentence imposed. This was a brutal assault committed in the name of racist ideology. The purpose of the white supremacist organization of which the appellant was a leader, was to use violence and hatred for racist ends. The incident on May 29 was a planned and deliberate outgrowth of his malevolent strategy and deserves the strongest possible censure. The march through Ottawa streets was designed by Burdi to incite his Neo-Nazi followers to a frenzy of hatred. ”

“ In the recharge, the trial judge made it clear to the jury that liability was to be decided under s. 21 (1) and not under s. 21 (2) . He also instructed them that the issue was not "common intention". ”