When you follow the local justice system, you expect fairness in the courtroom. Now, a specialized tool is helping fill critical information gaps for Black residents in New Brunswick. Impact of race and culture assessments are relatively new to the province. They aim to make the justice system fairer by detailing how systemic racism and cultural background affect an individual’s life.

Providing Missing Context

Defence lawyer Mathieu Boutet recently requested one of these assessments for his client, Edva Mascary, who pleaded guilty to aggravated assault in Moncton. Mascary is Black, originally from Haiti, and has a difficult background. Boutet noted that standard reports often miss the realities of his client’s world. According to a recent report by CBC News, these specialized assessments step in to provide that missing context.

Trained assessors produce these reports to inform judges about the specific experiences of people of African descent in Canada. They function similarly to Gladue reports, which courts use for Indigenous people. Both groups face statistical overrepresentation in the Canadian justice system.

The Origin of the Assessments

Social worker Robert Wright pioneered these assessments in Nova Scotia. They became a formal part of the process after a landmark 2014 case involving a Black teenager. The judge in that case used Wright’s report to understand the youth’s potential for rehabilitation, ultimately avoiding an adult prison sentence that ruins rehabilitation progress.

Clearing Up Misconceptions

Wright clarifies a common misunderstanding about the tool. “Some people think that impact of race and culture assessments are designed to give people a race based discount on a sentence,” Wright told CBC. “That is not the case. It is really about crafting a more appropriate sentence, given the history of systemic racism.”

The reports help judges follow sentencing principles that demand individualized, proportional outcomes with a focus on rehabilitation. They recommend culturally appropriate accountability measures or alternatives to incarceration.

Growing Pains and Progress

The federal government started funding these assessments in New Brunswick in 2024. Chantal Landry, executive director of the province’s legal aid services commission, says courts are recognizing their importance. However, the rollout faces hurdles. In New Brunswick, defence lawyers must hire the assessors themselves, unlike in Nova Scotia where the courts handle the ordering.

Misconceptions also persist. During Mascary’s hearing, a Crown prosecutor incorrectly assumed the reports only applied to Black Nova Scotians with deep historical roots. Wright points out that the assessments apply equally to newcomers. “Whether you come from people who have been here for 400 years, or whether you just got off a plane to arrive here, the way racism works, it treats you the same way,” Wright said.

Use of the tool is growing. Michel Ndiom, a trained assessor in New Brunswick, will complete at least four reports this year, up from just one in previous years. As the process becomes standard practice, legal professionals expect a better informed and fairer criminal justice system for everyone.

Frequently Asked Questions

What is an impact of race and culture assessment?

It is a specialized sentencing report that informs a judge about how systemic racism and cultural background have affected a Black individual facing sentencing.

Are these assessments the same as Gladue reports?

They serve a similar purpose. Gladue reports inform courts about the experiences of Indigenous people, while impact of race and culture assessments focus on people of African descent.

Do these reports result in lighter sentences?

No. They do not provide a race based discount. They help judges craft appropriate, individualized sentences that consider a person’s full background and potential for rehabilitation.

Who pays for these assessments in New Brunswick?

The federal government provides funding for these assessments, though defence lawyers are currently responsible for hiring the assessors in the province.