Measuring and Assessing the Impact of Race and Culture Assessments in Sentencing

Abstract

In recent years, the use of Impact of Race and Culture Assessments (“IRCA”) emerged in sentencing across Canada, especially in Nova Scotia and Ontario. Sentencing judges recognized that IRCAs “have the potential to provide a bridge between an accused’s experience with racial discrimination and the problem of over-incarceration” (R v Jackson, 2018 ONSC 2527). Consequently, IRCAs are helpful in achieving fit and proportional sentences. Using a mixed-methods approach, this thesis seeks to assess the impact of IRCAs on sentencing decisions. First, this thesis examines how judges apply IRCAs in crafting sentences by way of content analysis. Second, this thesis attempts to measure whether IRCAs translate into any differential sentencing outcomes. Finally, this thesis articulates future directions for Crown counsel, defence counsel and legal scholars as they all have a role to play vis-à-vis the application of IRCAs and addressing the effects of systemic anti-Black racism in areas beyond sentencing.