TORONTO, Aug. 13, 2021 /CNW/ - Access to justice is a fundamental Canadian value and an integral part of a fair and just society. The Government of Canada is committed to providing fair and equal access to justice for Black and racialized Canadians while addressing systemic racism and discrimination in all its forms and in all phases of the criminal justice system.
Today, the Honourable David Lametti, Minister of Justice and Attorney General of Canada, announced the Government of Canada's investment of $6.64 million over five years beginning April 1, 2021, followed by $1.6 million annually on an ongoing basis for the implementation of Impact of Race and Culture Assessments (IRCAs) across Canada.
IRCAs are pre-sentencing reports that help sentencing judges to better understand the effect of poverty, marginalization, racism, and social exclusion on the offender and their life experience. IRCAs explain how the offender's lived experiences of racism and discrimination inform the circumstances of the offender, the offence committed, and the offender's experience with the justice system.
The funding will help support:
- the development of a training curriculum for IRCA writers;
- education of criminal defence lawyers, crown prosecutors and judges on IRCAs; and
- drafting of IRCA reports for eligible racialized accused Canadians.
Funding is being provided to specialized organizations for IRCA assessor training and mentorship, and for awareness programs and continuing professional development for lawyers, judges and other justice system actors.
Additionally, funding will be available to all provincial and territorial legal aid programs in all jurisdictions for the preparation of IRCAs, with the goal of making this important tool a part of the criminal justice system across the country.
Quotes
"Our government knows that systemic racism and discrimination are painful lived realities for Black and racialized Canadians, creating disadvantages in education, employment, and other areas of life. The funding being provided today to implement Impact of Race and Culture Assessments will help eliminate systemic barriers in our criminal justice system for Black and racialized Canadians by helping courts consider the impact of race and cultural heritage on a racialized offender's life trajectory during sentencing in criminal matters."
The Honourable David Lametti, P.C., Q.C., M.P.
Minister of Justice and Attorney General of Canada
"The Sentencing and Parole Project informs the justice system about the impact of anti-Black racism through the preparation of reports referred to as Impact of Race and Culture Assessments, and a national legal education program focused on reducing incarceration and advancing rehabilitation for racialized people."
Faisal Mirza, Director of the Sentencing and Parole Project
"We are excited to be partnering with Justice Canada in rolling out training to support the implementation of Impact of Race and Culture Assessments across Canada. Canada is a diverse country and sadly, many people experience the effects of systemic racism and social injustice. Initiatives like this are evidence of Canada's commitment to fulfilling the promises outlined in its Charter of Rights and Freedoms. Already we see courts embracing this tool and using it to redress the injustices experienced by people of African descent within the criminal justice system."
Robert S. Wright, Executive Director of the Peoples' Counselling Clinic
Quick Facts
- These investments were initially proposed in the 2020 Fall Economic Statement and will support the Government of Canada's plan to combat systemic discrimination against Black and other racialized Canadians.
- IRCAs work on the premise that a person's race and cultural heritage are significant factors in considering a racialized offender's sentence in a criminal matter, since understanding how an offender has been disadvantaged in education, employment and other areas of society is key to making an appropriate sentencing decision.
- The Peoples' Counselling Clinic will receive $956,262 over three years for IRCA assessor training and mentorship; the Sentencing and Parole Project will receive $480,000 over three years for continuing professional development for lawyers and other justice system actors; and the National Judicial Institute will receive $302,500 over five years for the development and implementation of an online course on IRCAs for members of the Canadian judiciary.
- The implementation of IRCAs in the mainstream justice system responds to the United Nations Committee on the Elimination of All Forms of Racial Discrimination's concluding observations, which urged Canada to address the issue of overrepresentation of Black and other racialized Canadians in the justice system.
Related products
Supporting Impact of Race and Culture Assessments
Systemic racism and discrimination are a painful lived reality for too many Black and racialized Canadians. The Government of Canada understands that systemic racism can create disadvantages in education, employment, and other areas of life for Black and racialized Canadians, and is making investments to address systemic racism in the criminal justice system. Included among these investments is funding of $6.64 million over five years, followed by $1.6 million of annual ongoing funding, to support the implementation of Impact of Race and Culture Assessments (IRCAs) in all provinces and territories.
What are IRCAs?
IRCAs are pre-sentencing reports that help sentencing judges to better understand the effect of poverty, marginalization, racism, and social exclusion on the offender and their life experience. IRCAs explain the relationship between the offender's lived experiences of racism and discrimination and how they inform the circumstances of the offender, the offence committed, and the offender's experience with the justice system.
Similar to Gladue reports, which take into account the individual background and circumstances of an Indigenous accused, IRCAs inform sentencing judges of the disadvantages and systemic racism faced by Black and other racialized Canadians and may recommend alternatives to incarceration and/or culturally appropriate accountability measures within a sentence of incarceration. IRCAs have been used primarily for Black offenders, both adults and youth, at the sentencing stage of the criminal process.
How will the funding support the implementation and development of IRCAs?
The Government of Canada funding will support the implementation of IRCAs across Canada and is being made available in the following areas:
- provincial and territorial legal aid plan disbursement costs for IRCAs
- training for qualified individuals in the preparation of IRCAs
- continuing professional development courses on IRCAs for the legal profession, including information for the judiciary and other justice system actors.
How will IRCAs be implemented across Canada?
IRCAs will be administered by the Department of Justice Canada through contribution agreements with legal aid plans and community organizations that have experience delivering IRCAs. All jurisdictions will be eligible for funding.
Flexibility will be given to participating provinces and territories and legal aid plans to implement IRCAs as they deem appropriate in order to meet the needs of their jurisdiction and their clients.
For more information, contact the Legal Aid Directorate at the Department of Justice at [email protected].
Associated Links
- Legal Aid Program (Department of Justice Canada)
- Fall Economic Statement 2020: Supporting Canadians and Fighting COVID-19 (Department of Finance Canada)
Stay connected
- Follow the Department of Justice Canada on Twitter, Facebook, YouTube and LinkedIn.
- Follow Minister Lametti on Twitter: @MinJusticeEn
- Subscribe to receive our news releases and more via RSS feeds. For more information or to subscribe, visit https://www.justice.gc.ca/eng/news-nouv/rss.html.
SOURCE Department of Justice Canada
media may contact: Chantalle Aubertin, Press Secretary, Office of the Minister of Justice, 343-575-3279; Media Relations: Department of Justice Canada, 613-957-4207, [email protected]
Share this article