The Quebec government has declined federal funding directed towards addressing systemic racism in the justice system, citing disagreements with the program’s approach.
Initially, the federal government had allocated $6.64 million in funding for 2021 to support initiatives aimed at enhancing fairness within the court system.
This funding, spread over a five-year period, was intended to tackle the disproportionate representation of Black individuals in the criminal justice system by promoting the utilization of pre-sentencing cultural assessments.
Known as Ethnic and Cultural Impact Assessments (ECIAs), these evaluations delve into the impact of factors such as poverty, marginalization, racism, and social exclusion on the lives of offenders.
While most provinces accepted the federal funding to bolster support for the accused or to cover assessment costs through their legal aid programs, Quebec chose not to participate.
A spokesperson from the Department of Justice, responding via email to The Canadian Press, clarified that Quebec had not engaged in any funding agreements related to IORs (Impact of Race) and highlighted the province’s disagreement with the underlying concept of systemic racism, which the funding program aimed to address.
These assessments have been a part of Canadian court proceedings for over a decade, typically sought by defense attorneys to advocate for fair sentencing. Quebec had been an outlier until recently.
In a notable instance, the first Impact of Race (IOR) assessment was presented to a Quebec judge before a sentencing decision in July.
The assessment presented the case of Frank Paris, a 52-year-old man who had pleaded guilty to trafficking cannabis and hashish. It delved into the link between his criminal activities and the racism and poverty he endured as a descendant of slaves over generations.
As a result of the assessment, Judge Magali Lepage handed Paris a reduced sentence of 24 months, in contrast to the 36 months sought by the prosecution, according to his lawyer, Andrew Galliano. With credit for time served, Paris was released from custody.
Recent federal statistics, as detailed in a 2022 report from the Canadian Department of Justice, revealed that Black individuals were 24% more likely to face incarceration following arrest or conviction, and 36% more likely to receive sentences of two years or longer compared to white offenders.
