Frequently Asked Questions (FAQ)
What is an Impact of Race and Culture Assessment (IRCA)?
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An IRCA is a comprehensive clinical forensic tool prepared by microcredentialed graduate-level mental health clinicians who have undergone specialized training developed by Natalie Hodgson.
It investigates how systemic racism, discrimination, and marginalization have shaped the life experiences of a Black justice-involved person, most commonly at the sentencing stage.
IRCAs are expert evidence that provides context for judges and other decision-makers to consider in their analyses.
Developed in Nova Scotia in 2012, IRCAs were inspired by Gladue reports (used for Indigenous people) to address the disproportionate overrepresentation of Black people in the criminal legal system.
They have been used in sentencing decisions and other legal contexts, across Canada for over a decade.
How are IRCAs different from Enhanced Pre Sentencing Reports?
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Traditional Pre-Sentence Reports (PSRs) may discuss trauma and how an offender’s position within society in terms of resources, social network, and mental disposition can inform the court about who they are, where they come from, and their prospective rehabilitation. However, they often fall short in explaining how systemic factors also impact individual and community outcomes.
Enhanced Pre-Sentence Reports (EPSRs) and IRCAs have similarities but are different in many ways. ESPRs may include references to an individual's cultural background, while IRCAs are structured as expert clinical forensic assessments.
Who can write an IRCA?
IRCAs are written by graduate-level mental health clinicians who are licensed and governed by regulatory bodies. IRCA Assessors undergo specialized training and are certified with a microcredential upon successful completion.
All IRCA Assessors must have their microcredential or have been mentored by IRCA experts (individuals qualified by a court of law as an expert). This requirement is professional best practice, and directly reflects Canadian legal standards governing the admissibility and weight of expert evidence, as articulated by the Supreme Court of Canada in R. v. Mohan.
As IRCA Assessors can be called upon to testify as expert witnesses, the qualifications of who may author an IRCA must satisfy the four‑part Mohan test: relevance, necessity, absence of an exclusionary rule, and proper qualification of the expert.
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Do IRCAs result in a “reduced” sentence?
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No, IRCAs do not excuse crime or guarantee a lighter sentence.
They ensure judges have a full, individualized picture of an accused person’s background.
Sentencing principles in the Criminal Code (s. 718) require judges to individualize each sentence while balancing denunciation, deterrence, rehabilitation, proportionality, and parity.
IRCAs provide the missing social and racial context needed to make more informed and just decisions, which are not found in traditional Pre-Sentence Reports.
A note on misinformation
There is misinformation which suggests that sentences in Canada can be “reduced,” “discounted,” or “lightened” due to IRCAs.
This premise is legally impossible, factually false, and fundamentally misunderstands the Canadian criminal sentencing regime. This falsehood has fueled anti‑Black racism, incited hate, and public hostility toward Black communities, legal advocates, and the judiciary.
In Canadian criminal law, a sentence cannot be “reduced” at first instance. A sentence reduction is only permissible under the appellate process due to an error of law or when the sentence is demonstrably unfit. Accordingly, any headline or article claiming that a sentence was “reduced,” “discounted,” or “lightened” because of an IRCA is categorically false.
R. v. Jackson, 2018 at para [176] on IRCAs:
“This is not a race-based discount. Rather it is a fit sentence when all the circumstances are taken into account, including historical and systemic factors. It is a just sentence that recognizes that each sentence is individual based upon well-recognized principles of law. But also one that takes into account the long-standing and pressing problem of disproportionate incarceration of African Canadians. It is a sentence that best applies the restraint principle”.
Why are IRCAs needed?
Research shows that Black people, along with Indigenous people, are overrepresented in the prison system. Black people are not more “criminally inclined”, this is a stereotype rooted in systemic anti-Black racism. IRCAs help to address systemic racism and support judges and other decision-makers with their analyses.
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What is the funding situation for IRCAs?
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The federal government has committed funding to make IRCAs available across Canada.
Several provinces have already signed funding agreements to access IRCAs.
Some provinces have declined to coordinate with the Federal government, leaving no provincial funding for IRCAs.
How much do IRCAs cost?
IRCA fees vary depending on jurisdiction leading to pay inequity and the undervaluation of Black labour, especially Black women.
The Viola Desmond Justice Institute advocates for pay equity and a consistent IRCA rate across Canada.