The Viola Desmond Justice Institute Introduces IRCAs in Quebec
First IRCA in Quebec
The Viola Desmond Justice Institute (VDJI) welcomes the historic and thoughtful decision rendered by Judge Magali Lepage of the Court of Quebec in Longueuil in R v Paris, marking the first time an Impact of Race and Culture Assessment (IRCA) has been considered in a sentencing decision in the province. Mr. Paris was represented by Me Andrew Galliano and Me Sharon Sandiford assisted and pleaded as avocate conseil.
The IRCA was co-written by Natalie Hodgson, Dr. Barb Hamilton-Hinch, and Nicole Mitchell (IRCA mentee) through the National IRCA Training Project’s mentorship program. Ms. Mitchell also participated in the African Nova Scotian Justice Institute’s (ANSJI) first French IRCA Assessor Training in Montreal. The French IRCA Assessor Trainings in Montreal were supported by the Fédération des associations de juristes d’expression française de common law inc. (FAJEF) and VDJI.
The IRCA was thoroughly vetted by the court prior to its admission into evidence to assess the relevance and probative value of its content as well as the qualifications and impartiality of the IRCA Assessors, consistent with the Mohan requirements regarding expert evidence.
Judge Lepage meticulously reviewed the IRCA submitted in the case, acknowledging its importance in contextualizing the circumstances of Mr. Paris. The sentencing decision highlights the judge’s careful consideration of the IRCA’s clinical findings, among other factors. This milestone reflects a growing recognition across Canada of the critical role IRCAs play in ensuring individualized and informed decisions, consistent with the sentencing principles in the Criminal Code of Canada.
Second IRCA in Quebec
VDJI and ANSJI also collaborated to complete a second IRCA for Me Sharon Sandiford’s client. This IRCA was exceptionally paid for by the Commission des services juridiques. The IRCA was submitted to the Crown’s office for a matter before Judge Marc-André Dagenais of the Court of Quebec in Laval, which contributed to a joint submission. Kadene Massop was the IRCA mentee through the National IRCA Training Project’s mentorship program after participating in the second English ANSJI IRCA Assessor Training.
What Are IRCAs?
In 2012, IRCA development began in Nova Scotia by Robert Wright, a graduate-level social worker and sociologist with over 30 years of experience. The first IRCA considered by a court was in R v “X”, 2014 NSPC 95. IRCAs were inspired by Gladue reports and are tailored to address the specific needs and experiences of Black individuals involved in the criminal legal system, facilitating more informed and just sentencing outcomes.
IRCAs are comprehensive expert clinical forensic assessments 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. Thus, all IRCA Assessors must have an IRCA Assessor Microcredential.
There are two Canadian appellate decisions that have established legal precedent regarding the use of IRCAs by the courts. R v Anderson, 2021 NSCA 62 at the Nova Scotia Court of Appeal, and an IRCA-like report, called an Enhanced Pre-Sentence Report (EPSR), was used in R v Morris, 2021 ONCA 680 at the Ontario Court of Appeal.
More information on IRCAs and training can be found at:
🔗 https://www.ansji.ca/national-irca-training-project | 🔗 IRCA Assessor Training Interest Form
Procedure to Obtain an IRCA
IRCA requests should not be sent to the Probation Office. Only graduate-level mental health clinicians who hold an IRCA Assessor Microcredential are qualified to complete IRCAs.
Probation officers/provincial officers do not write IRCAs because they do not have the necessary qualifications and mandate to be eligible for the IRCA Assessor Training and to manage IRCA requests. This is why IRCA requests sent to the Probation Office have not been successful.
To make a request for an IRCA in French or English, please complete the VDJI IRCA Request Intake Form, and we will follow up with the next steps. VDJI accepts IRCA requests from all Canadian jurisdictions.
IRCAs Are Not a Sentencing Discount
It is important to highlight that Black people are the second most disproportionately overrepresented community in prisons, after Indigenous people. Indigenous and Black people are arrested more frequently and receive harsher sentences than people from other communities who commit similar crimes in similar circumstances. The consequences of racial and social profiling do not stop at police interactions; they are throughout the criminal legal system.
Research confirms that Black and Indigenous people are not more criminally inclined. The belief that Black and Indigenous people are more criminally inclined is a falsehood perpetuated by historical and present systemic anti-Black racism and anti-Indigeneity.
A Note on Funding and Access in Quebec
The Government of Canada demonstrated its commitment to supporting the implementation of IRCAs nationwide in 2021 by providing $6.64 million over five years, followed by permanent annual funding of $1.6 million. To date, the government of Quebec has declined to access these funds. As a result, no funding is allocated to support IRCAs in Quebec, which has left the province lagging behind in advancing access to justice. Several other provinces have signed agreements with the federal government to receive IRCA funding and/or have organized to pay for IRCAs through their provincial minister of justice or their legal aid.
About VDJI
VDJI is a bilingual non-profit organization led by a volunteer working Board. VDJI was founded to introduce and make IRCAs available in Quebec. VDJI also accepts IRCA requests nationally to help make IRCAs more accessible. VDJI is the only organization in Quebec with a network of professionals with the required knowledge, credentials, expertise, and experience to provide this service. VDJI delivers much of its work on a pro bono basis with limited financial support.
VDJI’s mission is to coordinate and facilitate the delivery of high-quality IRCAs and training for graduate-level clinicians and other stakeholders to improve access to justice. We provide this service through our partnerships, oversight, and commitment to excellence.
Professionals to Contact
There are limited professionals in Quebec with accurate and comprehensive IRCA knowledge and experience. Me Sharon Sandiford and Me Valérie Black are the recognized legal experts on IRCAs in Quebec. Both Me Sandiford and Me Black were involved in the French IRCA Assessor Trainings in Montreal, Quebec. Additionally, Me Sandiford assisted and pleaded in R v Paris as avocate conseil. Both Me Sandiford and Me Black serve as VDJI’s Legal Advisors.
For a law professor's perspective, we recommend Marie-Ève Sylvestre at the University of Ottawa, who was an expert in Luamba c. Procureur général du Québec, 2022 QCCS 3866.
Call To Action
VDJI celebrates this significant judicial step forward and renews our call for appropriate provincial support to ensure IRCAs can be made more accessible in Quebec for a more fair, just, and equitable criminal legal system for all.
Contact:
Viola Desmond Justice Institute (VDJI) | L’Institut de Justice Viola Desmond (IJVD)
📧 contact@violadesmondjustice.ca
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