Impact of Race and Culture Assessments (IRCAs)

IRCAs are reports that help judges consider how racism, poverty and discrimination have contributed to a Black or racialized person’s interactions with the justice system. The reports are used mainly at the sentencing stage of a trial and they help the judge decide what the sentence should be.

In 2021, the Government of Canada announced that it would provide funding to legal aid plans across the country to support the implementation of IRCAs. These additional funds allow LAO to provide IRCAs for individuals who self-identify as Black or a member of another racialized community who:

1. has a legal aid certificate

2. is facing jail time of two years or more or is a youth facing a custodial sentence.

Clients who self-identify as Black do not require an endorsement from the court to obtain an IRCA. Clients who self-identify as a member of any other racialized community require an endorsement from the court to obtain an IRCA.

In some cases, LAO may also provide funding for IRCA reports when the Crown is seeking a sentence of less than two years. Ask your lawyer to contact us at gencasemgmt@lao.on.ca to find out more.

How to request an IRCA

If you have a legal aid certificate, self-identify as Black or as a member of another racialized community and meet the criteria for an IRCA, your lawyer can request the report from LAO on your behalf.

You must meet the following criteria for your request for an IRCA to be approved:

• You have a legal aid certificate

• You self-identify as Black or as a member of another racialized community. If you self-identify as a member of any other racialized community, you require endorsement from the court to get a report

• The Crown is seeking jail time of two years or more, or you are between 12 and 17 and you are facing a custodial sentence. A custodial sentence means the court wants to send you to a youth justice facility or for you to serve your sentence in the community.

For more information, speak with your lawyer, or call us toll free at 1-800-668-8258, Monday to Friday, from 8 a.m. to 5 p.m. (EST) for help in more than 300 languages.

Contact us at gencasemgmt@lao.on.ca if you are not a legal aid client but need information on how to get funding for court-ordered IRCA report.