Impact of Race and Culture Assessments (IRCAs)

For criminal lawyers

What are IRCAs?

IRCAs are reports focused on Black and other racialized adults and youth, primarily at the sentencing stage of a trial. They help sentencing judges consider how an individual’s experiences of racism, poverty and discrimination inform the individual’s circumstances, the offence committed and the individual’s experience with the justice system.

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 enable LAO to provide IRCAs for individuals, who self-identify as Black or as 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 a court order to obtain an IRCA.

Clients who self-identify as a member of any other racialized community require a court order to obtain an IRCA.

LAO may also provide funding for IRCA reports for Black and other racialized individuals with legal aid certificates where the Crown is seeking less than two years, but the individual’s circumstances suggest that an IRCA report is needed to arrive at a fair sentence. Contact us at gencasemgmt@lao.on.ca to learn more.

How to request an IRCA

A roster member whose client meets the criteria for an IRCA report can request the report from LAO on behalf of the client, using the following process:

1. Request a disbursement for an expert. Use the form: Request for authorization – IRCA report
2. Submit the form through the Legal Aid Online portal.

A Big Case Management case manager or a staff lawyer from Lawyer Services and Payments will review the request and advise you of the decision through the Legal Aid Online portal.

IRCA criteria for individuals with legal aid certificates

To be approved, a request for an IRCA report must meet all the following criteria:

1. The individual must self-identify as Black or as a member of another racialized community and
2. The Crown is seeking a sentence of two years or more; or
3. A youth is facing a custodial sentence (open or closed custody facilities).

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

Once the criteria have been met, LAO will authorize a disbursement for the IRCA at a rate of $100 per hour for up to 40 hours. This covers the cost of assessors/social workers and supervision by a Master of Social Work.

LAO may also provide funding for IRCA reports for Black and other racialized individuals with legal aid certificates where the Crown is seeking less than two years, but the individual’s circumstances suggest that an IRCA report is needed to arrive at a fair sentence. Contact us at gencasemgmt@lao.on.ca to learn more.

IRCA criteria for individuals who do not have a legal aid certificate (including self-represented)

• The individual self-identifies as Black or as a member of another racialized community
• The court has issued an order or endorsement for an IRCA

The order/endorsement should be sent to LAO’s Protocol Case Unit, LAO will then issue payment to the organization authorized to produce the IRCA report. Further information can be obtained by contacting generalcasemgmt@lao.on.ca.