Micro Webinar Series: Sentencing Black Offenders: Judicial Perspectives
Social Context Evidence: A Breakthrough in Sentencing
In this video, Justices Mirza and Bien-Aimé discuss how access to fuller information in the sentencing process can assist in determining a proportionate sentence and aid in achieving more accurate sentencing outcomes.
*Credits: Sebastien D. dubs the voice of The Honorable Justice Alexandre Bien-Aimé
Proportionality in Practice
Justice Mirza explores how the social context evidence provided in IRCAs and EPSRs can help judges understand lived experiences, avoid stereotypes and bias, weigh sentencing principles effectively, and consider meaningful alternatives to incarceration where appropriate.
How to Link Social Context Evidence to the Offender Before You
Justice Bien-Aimé examines how systemic and background factors can be connected to an offender’s lived experience.
How to Obtain Social Context Evidence
Where IRCAs or EPSRs are not available, judges may turn to other viable sources of information, such as affidavits, agreed facts, testimony at trial, and uncontested sentencing materials. Justice Mirza outlines the legal foundations and practical avenues for obtaining social context evidence in sentencing, from Criminal Code provisions to judicial notice and witness evidence.
How to Manage Delays in Obtaining Social Context Evidence
Justice Bien-Aimé examines the use of trial management tools to minimize delays and considers the factors relevant to whether a sentencing judge should exercise discretion to await a formal assessment.