Decision made at the end of July | A first penalty adapted to criminals racialized in Quebec

For the first time in the judicial history of Quebec. Consequently, a sentence was determined by relying on the analysis of systemic factors, adapted to racialized criminals – especially blacks. However, This approach, which already exists in the rest of Canada, may be used more and more in the coming years.

What are we talking about? – Decision made end july |

In a recent decision rendered at the end of July at the Longueuil courthouse. Meanwhile, judge Magali Lepage sentenced the accused Frank Paris to 24 months in prison in a case of cannabis and haschich trafficking. Similarly, The latter had already pleaded decision made end july | guilty. Moreover, So far, nothing unusual.

However. Furthermore, to determine her sentence, the judge considered case law, an analysis of evidence, a balance of aggravating and attenuating factors … Nevertheless, but also an assessment of the impact of the ethnic. In addition, cultural origin (EIOEC), a particular analysis which looks at the personal journey of a criminal through the magnifying glass of the systemic barriers to which he was able to face.

After reading the evaluation. Similarly, the judge decided to accept the defense suggestion, almost a year shorter than that of the prosecution.

This is a first in Quebec. Moreover, No Quebec judge had considered an EIOEC in determining a sentence until July 28. Moreover, The decision is therefore likely to make a jurisprudence in the Quebec context. Therefore, Such procedures have existed since decision made end july | 2014, elsewhere in Canada.

What is an EIOEC? – Decision made end july |

An EIOEC is a present -school report of experts who is used to determine. For example, the sentence of a racialized person – but which is mainly used for black people. Consequently, It is therefore deposited after an accused is found guilty, but before the sentence is determined.

The report makes an exhaustive examination of the accused’s journey. Similarly, with an insistence on the “clean realities” to racialized people, the “systemic discrimination” that they have lived and to the specific challenges to which they are more exposed (lower rate of diplomation, greater proportion of single -parent families and absent father, greater risk of living in disadvantaged and criminalized districts, etc.).

These factors, more present in blacks are considered, more easily lead to crime.

decision made end july |

As explained by^e Valérie Black St-Laurent. Moreover, lawyer and director of operations at Jurigo, “the objective of an EIOEC, it is really to inform the court to contextualize the journey of the person who is before him and so that he can make a sentence that is just” and individualized, as provided for in the Criminal Code.

“It is individualized. but the fact remains that the statistics show that the whole group of black people is a victim of discrimination,” adds Karine Millaire, assistant professor at the law faculty of the University of Montreal.

“It is necessary to take into account the fact that there is a innercarceration of black people who comes from the fact that our system is also discriminatory. ” she says.

Concretely, how does it revolve?

In the case of Frank Paris. the report recalls that he grew up without his father and that single parenting is much more important among black people in Canada than in other groups. EIOEC also raises its childhood in Côte-des-Neiges. in Montreal, an “disadvantaged district characterized by poverty and crime”, and where “there was racial profiling”.

Without making a diagnosis. the authors of the report also argue that “the possibility of post-traumatic syndrome (TSPT)” is considered to be “intergenerational trauma of slavery” in Nova Scotia-where his mother comes from-in the appreciation of the life course of Mr. Paris, and therefore in his sentence.

Nova Scotia has a historic black population resulting from slavery. Even if he was born in Quebec, the frequent visits of M. Paris in his mother’s family “have forged a diverse black man decision made end july | experience. rooted in the black churches” of this province, can be read in the report.

The report also reports specific moments in racial discrimination suffered by the accused. especially when he was wrongly detained in a migrant center because he was believed to be Jamaican, despite his Canadian citizenship.

In her decision. the judge writes that after reading the EIOEC, “the Court decided to reduce the sentence which should be 35 months to a 24 -month sentence”, as the defense wanted – a sentence already purged in preventive detention. She also added a three -year probation.

“We have to learn. We have to adapt, ”writes judge Lepage.

Is this approach also used for other groups?

Yes. The very foundation of the EIOEC is based on what decision made end july | has been done with Aboriginal offenders for more than. a quarter of a century.

In 1999, the judgment R. c. Gladue From the Supreme Court of Canada states that the judges must consider the distinctive “systemic factors” of the Aboriginal people. in particular the impact of colonization, during the determination of the sentence. It is the beginning of the gladue relationships, which play a role similar to that of the Eioec.

In her decision. judge Lepage took the trouble to emphasize that the approach which led to the reduced pain of Mr. Paris is “reminiscent of the sentences adapted to the needs and issues” of the Aboriginal people.

However, there is a distinction between these procedures. The judges have the obligation to consider the gladed relationships; putting them aside would constitute an error of law. decision made end july | EIOECs are neither compulsory nor codified. Rather, they are treated as expert opinions, in the same way as a psychiatric assessment or a ballistic analysis.

Karine -Mulaire underlines that natives and blacks share fundamental characteristics. Historically, these are the two groups that have suffered slavery in the country. In a more contemporary way. these are the groups with the most important stakes of innercarceration – attributable to discrimination, according to the Supreme Court.

Isn’t there already any present-end reports?

Yes. “Even for people who are neither racialized nor Aboriginal reports. reports (RPS) are filled every day” to allow the Court to have a more global portrait of people in front of her, explains M^e Black St-Laurent. We obviously assess the actions of the accused. but also the “socio -demographic environment in which he evolves, the type decision made end july | of job he occupies”, his entourage, his journey, etc.

However. “RPS often do not come to contextualize systemic aspects and institutional issues, and are therefore incomplete”, argues M^e Black St-Laurent. Hence the need for the formalized process of EIOEC, she said.

“We must undo the myth that these are different processes. Anyone who is condemned for his determination of sentence to this right to present all the relevant factors in. taking into account his context. We do not find ourselves creating a diet that is outlawed for black people, ”adds Karine Mulaire.

“Ultimately, it is the same discretion of the judge to take into account the situation of the person. But the situation is that, if we are racialized, we are part of a group that lives on systemic racism. Eioec is therefore the tool decision made end july | to highlight it, according to experts.