IRCAs are comprehensive pre-sentencing reports prepared for Justices to aid in sentencing decisions for Black and other racialized Canadians. The reports help better understand the effects of poverty, marginalization, systemic racism, social exclusion and life experiences.
If an IRCA report would assist the client, counsel must request coverage through an Authorization Request, add Tariff item then select 18.01E from the Tariff item dropdown. In this request, please respond to the following:
- The individual self-identifies as Black or as a member of another racialized community.
- The individual is currently under a legal aid certificate for criminal charges.
- The Crown is seeking a sentence of two years or longer; or
- The Crown is seeking a custodial sentence for a young person between 12 and 17 years of age.
- Counsel must provide a copy of the endorsement showing that the Court has ordered an IRCA report or has agreed with Defence or Crown argument in support of same being produced and indicates that direction on record. In lieu of the endorsement counsel may fill in this document and attach to the Authorization Request.
- Counsel must provide an estimate to complete the report from an accredited IRCA writer. Note though, LAA has a maximum allowance of $115/hour for a maximum of 30 hours or $3,450.00. Exceptions may occur and be subject to further review and dealt with on a case-by-case basis.