Learning Through an IRCA Lens
What happens when we look beyond the facts of a case to understand how a person’s experiences with racism, poverty, marginalization and social exclusion have shaped their life?
That question was at the heart of a recent two-day Impact of Race and Culture Assessment (IRCA) workshop attended by Legal Aid Saskatchewan staff and community partners. Led by Dunia Nur, President & CEO of the African Canadian Civic Engagement Council, the training brought together participants from legal, community, health and social-service organizations across Saskatchewan. The workshop explored the history and legal foundations of IRCAs, their purpose and relevance, the relationship between IRCAs and Gladue, case law, professional standards and ethics, client engagement and anti-Black racism.
Participants also developed practical skills in culturally informed and trauma-informed assessment, interviewing and information gathering, analytical synthesis, report writing, and rehabilitation and reintegration planning.
Joanne Khan, Legal Aid Saskatchewan’s Practice Management Counsel, says one of the most important lessons was learning how to understand a client’s experiences and identify what information is relevant to the court. “My main takeaways were to focus on the importance of looking at how poverty, racism, marginalization and social exclusion have affected a client’s life,” she noted. “Then, to take this information and figure out what the court needs to know about this person.”
Khan also welcomed learning more about the specific role of an IRCA assessor. “I appreciated learning how the IRCA assessor’s role is to provide reliable, relevant and individualized contextual evidence about the client.”
The workshop provided an opportunity to learn more about the development of IRCAs across Canada. Originating in Nova Scotia, IRCAs have since been implemented in several other provinces. The training highlighted the need for this work in Saskatchewan and the role these assessments can play in helping courts understand the individual circumstances and experiences that may be relevant to sentencing.
For LAS, the training is also about building capacity. Staff Lawyers may consider requesting an IRCA for clients of Black heritage and other racialized backgrounds when their individual experiences and circumstances are relevant to sentencing, rehabilitation and reintegration.
The workshop also created opportunities to strengthen relationships with community partners. Khan noted that it was “wonderful to meet several new community partners and start connections” that could help expand LAS’s network of people able to prepare IRCAs.
Ultimately, the training provided both practical skills and a broader understanding of how context can inform legal work. “The training was extremely helpful in learning about what evidence in these assessments was most relevant and working with clients to obtain this evidence,” Khan said.
