View source for Racial Identity in Sentencing

{{Currency|December 2021}}
{{LevelZero}}
{{HeaderPrinciples}}
==General Principles==
{{seealso|Aboriginal Sentencing Principles and Factors}}
Persons of African descent may be entitled to request an "Impact of Race and Culture Assessment" (IRCA) report to assist the sentencing judge.<ref>
{{CanLIIRP|Anderson|jhjwd|2021 NSCA 62 (CanLII)|405 CCC (3d) 1}}{{perNSCA|Derrick JA}}
</ref>
The IRCA report is able to provide relevant systemic and background factors to the court.<reF>
{{ibid1|Anderson}}{{AtL|jhjwd|114}}
</ref>

Moral culpability must be assessed in the context of "historic factors and systemic racism," which may provide a mitigating effect on moral blameworthiness.<ref>
{{ibid1|Anderson}}{{atL|jhjwd|146}}
</ref>

A sentencing judge should consider the "impact that social and economic deprivation, historical disadvantage, diminished and non-existent opportunities, and restricted options may have had on the offender’s moral responsibility." <Ref>
{{ibid1|Anderson}}{{atL|jhjwd|146}}
</ref>
They can also use that background to "better understand how to view" the index offence.<ref>
{{ibid1|Anderson}}{{atL|jhjwd|146}}
</ref>

Failure to inquire into race-related factors may be an error of law.<ref>
{{ibid1|Anderson}}{{atL|jhjwd|118}}
</ref>

{{Reflist|2}}