Racial Identity in Sentencing
| This page was last substantively updated or reviewed December 2021. (Rev. # 88849) |
General Principles
"Social context" evidence relating to racism experienced by the offender is relevant for mitigation of sentence.[1]
Persons of African descent may be entitled to request an "Impact of Race and Culture Assessment" (IRCA) report to assist the sentencing judge.[2] The IRCA report is able to provide relevant systemic and background factors to the court.[3]
Moral culpability must be assessed in the context of "historic factors and systemic racism," which may provide a mitigating effect on moral blameworthiness.[4]
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." [5] They can also use that background to "better understand how to view" the index offence.[6]
Failure to inquire into race-related factors may be an error of law.[7]
- ↑ R v Morris, 2021 ONCA 680 (CanLII), per curiam, at para 13
- ↑ R v Anderson, 2021 NSCA 62 (CanLII), 405 CCC (3d) 1, per Derrick JA
- ↑ Anderson, ibid., at para 114
- ↑ Anderson, ibid., at para 146
- ↑ Anderson, ibid., at para 146
- ↑ Anderson, ibid., at para 146
- ↑ Anderson, ibid., at para 118