Justice & the Legal System

Justice & the Legal System

FASD and the Law – Part 1

FASD and the Law – Part 2


Individuals with FASD are overrepresented in the justice system.  Incarceration does not change the behaviour of an individual with FASD.

Click the images below to download the Brochures.

FASD_and_the_Justice_System_01 FASD_and_the_Justice_System_02 FASD_Front_Line_Workers


RESOURCES

FASD JUSTICE – This site is designed for justice system professionals and others who want to understand more about FASD. It provides information and resources about Fetal Alcohol Spectrum Disorder (FASD), including background information, case law, legal resources and strategies for effective intervention.

ASANTE CENTRE – This site provides information and resources on Fetal Alcohol Spectrum Disorder (FASD), Autism Spectrum Disorder (ASD) and other complex developmental needs, as well as details on the Asante Centre and its services. The website is dedicated to providing up-to-date resources in the field of brain-based disabilities.

FASD Ontario  – This site provides research evidence about why youth with FASD are likely to become involved with the justice system, accommodations that service providers and families need to make, helpful supports, and innovative programs/services.

FASD CONNECTION –  is committed to building a community in which adolescents and adults with Fetal Alcohol Spectrum Disorder are included and encouraged and where their desire and potential is supported; where the experience of families is understood, acknowledged, and accepted; and where systems are equipped to respond in an informed, compassionate and responsible way.


RELEVANT LITERATURE – SPECIFIC TO JUSTICE

Conry, J. and Fast, D. (2000). Fetal Alcohol Syndrome and the Criminal Justice System Vancouver: British Columbia Fetal Alcohol Syndrome Resource Society and Law Foundation of British Columbia.

Green, Justice Melvyn. (2006). A Judicial Perspective. Paper presented at the Fetal Alcohol Syndrome Disorders Symposium for Justice Professionals, Toronto, ON. http://fasdjustice.ca/media/JudgeGreenSpeech.pdf

Roach, K and Bailey, A. (2009) The Relevance of Fetal Alcohol Spectrum Disorder in Canadian Criminal Law from Investigation to Sentencing. UBC Law Review 42:1.

Chudley, A., Conry, J., Laporte, A., McKee, T., and Zenon, L. (2002) FASD Guide Book for Police Officers. RCMP.

Section 718.2(e) of the Criminal Code “instructs judges to look at all reasonable alternatives to jail for all offenders and to pay particular attention to the circumstances of Aboriginal offenders.” (Roach 2009; Mitten 2004.) R. v. Gladue (1999) calls for full information about the circumstances that bring Aboriginal offenders before the court and sentencing options that may be particularly appropriate because of the offender’s Aboriginal connections. Gladue is the key decision on the applicability of s. 718.2(e). For more information on the Gladue decision, please visit Aboriginal Legal Services of Toronto’s Gladue pages at http://www.aboriginallegal.ca/gladue.php

Streissguth, A., Barr, H., Kogan, J., and Bookstein, F. (1996). Understanding the Occurrence of Secondary Disabilities in Clients with Fetal Alcohol Syndrome (FAS) and Fetal Alcohol Effects (FAE). Seattle: University of Washington.

National Organization on Fetal Alcohol Syndrome: What the Justice System should know about Affected Individuals. http://www.nofas.org/wp-content/uploads/2014/05/Facts-for-justice-system.pdf