Enhanced Pre-Sentencing Report (EPSR) / Impact of Race and Culture Assessment (IRCA)

An Impact of Race and Culture Assessment (IRCA) Report — also called an Enhanced Pre-Sentence Report (EPSR) – helps the court understand how race, culture, and experiences of racism may have affected someone’s life and circumstances leading up to their involvement with the justice system. It can help achieve a fair and appropriate sentence.

IRCA/EPSR funding is available to all individuals, regardless of whether:

• they have a legal aid certificate,
• they are represented by a lawyer or,
• they are self-represented.

Finding and billing an IRCA/EPSR expert

An IRCA/EPSR must be completed by an expert with a Master of Social Work and experience in researching or addressing racism.

Legal Aid Ontario (LAO) does not recommend or maintain a list of IRCA/EPSR writers. The lawyer or individual (if self-represented) is responsible for finding a qualified expert.

LAO authorizes up to 40 hours of work at $100 per hour.

The lawyer or individual (if self-represented) must submit all invoices to LAO. The expert’s invoices must include the dates of all services, a brief description of the services provided, and the amount of time spent on each service on each date.

For clients with a legal aid certificate

LAO clients may be eligible for LAO to cover the cost of an IRCA/EPSR under their certificate if:

• The client is Black, has been found guilty of an offence, and one of the following applies:
  • They are an adult, and the Crown is asking for a jail sentence of two years or longer; or
  • They are a youth, and the Crown is seeking a custodial sentence (open or closed); or
  • The lawyer can show that an IRCA/EPSR is needed to help the offender receive a fair and proportionate sentence; or
• The client is racialized, has been found guilty of an offence, and has a court endorsement supporting an IRCA/EPSR.

Process:

• Roster lawyers should fill out the Request for IRCA/EPSR Authorization form and submit it through Legal Aid Online.

For individuals who do not qualify for a legal aid certificate

An individual who is Black or racialized may be eligible for LAO to cover the cost of an IRCA/EPSR if they have been found guilty of an offence and have a court endorsement supporting an IRCA/EPSR.

Process:
Counsel for a non-legally aided individual should fill out the Request for IRCA Authorization form and submit it to gencasemgmt@lao.on.ca and include the following:

• copy of the court endorsement
• copy of the Amicus order