What are Impact of Race and Culture Assessments™?

 

Impact of Race and Culture Assessments™ (IRCAs™) are structured, clinical evaluations used at sentencing. They assist judges in understanding how factors such as racism, poverty, and discrimination may have contributed to the individual’s circumstance and involvement in the justice system.

 

Why are Impact of Race and Culture Assessments™ important?

 

Impact of Race and Culture Assessments™ provide a comprehensive social and cultural context, helping ensure that sentencing decisions are more informed, fair, and equitable by acknowledging systemic barriers that traditional reports may overlook.

 

Who prepares the Impact of Race and Culture Assessments™?

 

Impact of Race and Culture Assessments™ (IRCAs™) are prepared by trained professionals such as social workers or other experts with specialized knowledge in cultural understanding, systemic racism, and social justice issues. They work in partnership with legal teams, community organizations, and sometimes government agencies to ensure the assessments are accurate, culturally sensitive, and relevant.

 

Legal professionals, such as lawyers or judges, do not prepare IRCAs™ but rely on these expert assessments to inform fairer sentencing decisions.

 

How do I obtain an Impact of Race and Culture Assessment™?

 

To obtain an Impact of Race and Culture Assessment™, you need follow the necessary steps:

 

1. Ask your lawyer to start the process.

2. Work with a qualified assessor. The African Nova Scotian Justice Institute can help you find one.

3. Share your background and personal story with the assessor.

4. The assessor will write the report and send it to your lawyer.

5. Your lawyer will give the report to the judge before your sentencing.

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For more information about Impact of Race and Culture Assessments™, contact Sarah Upshaw, Director of Operations, at Sarah.Upshaw@ansji.ca.

 

Background:

 

In 2012, lawyers in Halifax became concerned that traditional pre-sentence reports failed to capture the relevant social contexts and lived experiences of their Black clients. These reports are detailed documents prepared by court officials for judges after conviction but before sentencing.

 

In response, Robert Wright, a respected African Nova Scotian social worker, began drafting supplemental reports submitted alongside official pre-sentence materials. The African Nova Scotian Justice Institute, in collaboration with community members, legal professionals, and social workers, then helped develop and formalize reports with the necessary information.

 

The reports, now called Impact of Race and Culture Assessments™, help judges understand the social and cultural background of the accused to help fight unfairness in the justice system by showing important details that traditional reports often miss. This leads to fairer sentencing decisions and support better outcomes for Black clients.

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Additional information:

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In 2021, the Government of Canada provided funding to expand and implement Impact of Race and Culture Assessment™ infrastructure across all provinces and territories, ensuring greater accessibility and consistency nationwide. Read the full federal news release here.

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Timeline:​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​