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 legal aid clients.

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 roster lawyer is responsible for finding a qualified expert.

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

The roster lawyer 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.

Eligibility criteria

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:
  • The client is an adult, and the Crown is asking for a jail sentence of two years or longer; or the client is a youth, and the Crown is seeking a custodial sentence (open or closed); or
  • The Crown is seeking a sentence of less than two years (for an adult) or non-custodial sentence (for a youth) but the circumstances of the offender suggest that an EPSR/IRCA is needed to help the offender receive a fair and proportionate sentence.
• The client is racialized, has been found guilty of an offence, has a court endorsement  supporting an IRCA/EPSR and one of the following applies:
  • The client is an adult, and the Crown is asking for a jail sentence of two years or longer; or the client is a youth, and the Crown is seeking a custodial sentence (open or closed); or
  • The Crown is seeking a sentence of less than two years (for an adult) or non-custodial sentence (for a youth) but the circumstances of the offender suggest that an EPSR/IRCA is needed to help the offender receive a fair and proportionate sentence.
• The client is Black or racialized, and an IRCA/EPSR will be used for their other criminal or non-criminal proceeding to receive a fair and proportionate outcome.

Process:

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