Legal Resources

Strengthening the Case: Prenatal Alcohol Exposure Is Associated With Increased Risk for Conduct Disorder

Elizabeth R. Disney, William Iacono, Matthew McGue, Erin Tully and Lisa Legrand
Pediatrics 2008; 122;e1225-21230
On line at www.pediatrics.org/cgi/content/full/122/6/e1225

Supreme Court of BC Decision on CLBC IQ Eligiblity Criteria for an Adult with FASD

This is the Supreme Court of BC judgement on the recent case Faulman vs. Community Living B.C. as represented by the Ministry of Children and Family Development. In this decision, Justice Chamberlist found that CLBC does not have the authority to adopt IQ related criteria to determine eligibility for service provision in the absence of clearly defined legislation.
A copy of the judgment can be read here.
Click here to read a recent Globe & Mail Article about the recent decision.

Family Sues Insurance Company on behalf of Child Exposed to Alcohol In Utero.

This is a judgement on a recent case in New Zealand whereby the family of a child exposed to alcohol in utero claims that an Accident & Rehabilitation and Compensation Insurance company should assume cost for rehabilitation and compensation for the child based on a personal injury accident claim. A copy of the proceedings of the Appeal shows judgement in favor of the insurance company and a decision that injury suffered to a child as a result of exposure to alcohol in utero does not consitute "personal injury which is caused by an accident" according to law.
A copy of the judgement can be read here.

If they are sick, why do we jail the mentally ill?

An article written by Andre Picard about the unfair incarceration of those with mental illness which appeared in the Globe & Mail on November 17, 2005.
Click here for the pdf.

Fetal Alcohol Syndrome: You and Your Child's Lawyer

In this paper, David Boulding provides useful information and tips for parents and caregivers who are engaging lawyers on behalf of their children implacted with FASD.
Click here to read the article.

The U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration Centre for Substance Abuse Prevention have created a document titled Fetal Alcohol Spectrum Disorders: When Your Child Faces the Juvenile Justice System. Although created with the U.S. justice system in mind, it provides some tips that would be helpful in other countries.
Click here to read the document.

A Lawyer's Brief on Fetal Alcohol Spectrum Disorder

In this paper, David Boulding provides some useful tips for lawyers in understanding their clients with FASD.
Click here to read the article.

With the same goal in mind, The U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration Centre for Substance Abuse Prevention have also written and made available a document titled Fetal Alcohol Spectrum Dosrders and Juvenile Justice: How Professionals Can Make a Difference.
Click here to read the document.

Saskatoon Court of Appeal Finds Juvenile Should be in Custody

A youth court judge placed too much emphasis on rehabilitation and not enough on public safety when she sentenced a teenage gang member with an alcohol-related brain defect to probation instead of custody, the Saskatchewan Court of Appeal has ruled. This article briefly touches on the importance of appropriate community supports for offenders with FAS.
Click here to read the article.

Fetal Alcohol Spectrum Disorder - A Need for Closer Examination by the Criminal Justice System

A report by Timothy E. Moore, and Melvyn Green, Clinical Report (2004). A discussion of the impact of FASD on the Criminal Justice System. Click here to read this report.

Fetal Alcohol Spectrum Disorders and the Justice System (Section 9)

This document written by H. Rae Mitten, LL.M is from a submission to the First Nations and Metis Justice Reform Commission Final Report, Volume II (Jan. 2004) and is a thorough examination of FASD within the legal / justice system. Click here to read the article.

FAS/FAE Legal Issues Resource Center Activity Report

The Fetal Alcohol and Drug Unit at the University of Washington School of Medicine has made available their activity report for the period of January 15, 2003 to July 15, 2003. It is a wonderful resource for people interested in what's happening in the field of FAS and legal issues. The report also contains interesting information about current judicial opinions in the US.
Click here to read the article.

More FAS Offenders Declared Unfit to Stand Trial

A growing number of accused offenders with fetal alcohol syndrome is being found unfit to stand trial, and that is raising questions about how the justice system treats people with FAS.
Click here to read this news article from the CBC.

FAS/E Individuals and the Police - Medical Information Card

According to Fetal Alcohol and Drug Unit at the University of Washington School of Medicine, more than half of all individuals with FAS/FAE get in trouble with the law. Individuals with FAS/FAE can do themselves considerable harm if they respond to police officers in an inappropriate manner.
Therefore, the Unit developed a Medical Information card for the wallet which they advise all individuals with FAS/FAE to carry and hand to any law enforcement official with whom they speak. Visit their website to find out more about the cards, including how to print your own and tips to make sure they are used properly.
Click here for the website.

Fetal Alcohol Syndrome and the Criminal Justice System

This is a publication written by J. Conry and D. Fast (2000) and published by the BC FAS Resource Society and Law Foundation of BC. This book discusses the implications of FASD on the Criminal Justice System. To find out how to order this book, visit our store.

Also available at our store is a video series - Understanding the Offender with FAS

Video 1 - "Talking with Victor" (43 min)

Video 2 - "A Judge's Perspective - with Judge Cunliffe Barnett" (56 min)

Video 3 - "Mistakes I Have Made - with Lawyer David Boulding" (28 min)

Identifying Fetal Alcohol Syndrome Among Youth in the Criminal Justice System

This study laid the foundation for the popular publication Fetal Alcohol Syndrome and the Criminal Justice System (Conry & Fast). The study determined the prevalence of FAS/FAE among youth who were remanded for a forensic psychiatric/psychological assessment and found that this group was disproportionately represented in the juvenile justice system.
Click here for the study.

Mistakes I Have Made With FAS Clients

In this paper, David Boulding admits his mistakes as a lawyer with FAS clients. However, his intention is not just to confess, but to show that there is hope to change how lawyers, clients, police, judges, probation officers, prison guards, and family members work with FAS clients.
Click here for the pdf.

www.CrimeTimes.org Articles

The US-based Crime Times publishes articles linking brain dysfunction to disordered, criminal or psychopathic behaviour. They make all of their articles available via the web and several are particularly relevant to the legal concerns of individuals with FAS (or ARND):

Alcohol's Legacy: High Crime Rate Seen in FAS/FAE (Vol. 3, No. 1 , 1997, Page 5 ) A study by Ann Streissguth and colleagues, conducted for the Centers for Disease Control and Prevention, followed 415 individuals with FAS or FAE, and determined the number of subjects who experienced trouble with the law.

Fetal Alcohol Syndrome: The Cost to Society (Vol. 1, No. 1-2 , 1995, Page 3) Each baby born with Fetal Alcohol Syndrome (FAS) costs society $4 million or more during its lifetime, and it's estimated that FAS costs the United States $6 billion annually. But even these figures, researchers say, may be huge underestimates:

FAS Crime Link: More Evidence Seen (Vol. 6, No. 1, 2000 Page 7) Psychologist Josephine Nanson reported that as many as half of young offenders appearing in provincial court in Saskatchewan are affected by Fetal Alcohol Syndrome (FAS). A new study by another group of Canadian researchers, D. K. Fast and colleagues, als so reports a high incidence of FAS and FAE (Fetal Alcohol Effects, a milder form of FAS) among youth in the criminal justice system.

FAS/E and the Criminal Justice System Resources

The Fetal Alcohol And Drug Unit at the University of Washington hosts many valuable resources on their website regarding FAS/E and the criminal justice system, including Fetal Alcohol Syndrome: An Effective Capital Defense. This article (originally published in the California Attorneys for Criminal Justice Forum) was written by a lawyer to help other lawyers to understand how to better defend a client with FAS.
Click here to read the article.

Judge Says Jails Used to House 'Disabled' - Vancouver Province Article (Feb. 25, 2003)

"Victoria - A B.C. Supreme Court Judge says that a huge proportion of criminals suffer from a mental disorder, addiction or both, and giving them long jail sentences won't help." Click here to read the article.

Fetal Alcohol Spectrum Disorder - FASD Guidebook for Police Officers

Many specialists suggest that a significant number of individuals who come into contact with the criminal justice system have FASD. Only medical professionals are qualified to diagnose FASD, but law enforcement officers must be aware of FASD, its characteristics and behaviours. This is necessary so they can identify and deal effectively and appropriately with clients who come into contact with the law as victims, suspects or witnesses. Published by the Royal Canadian Mounted Police, this document addresses this necessity.
Click here for the pdf.

The Several Languages of Law

The various people who work in the criminal legal system often speak in a technical way using words that persons not trained in law find confusing and hard to understand. This technical use of language makes it difficult for parents and caregivers of persons with Fetal Alcohol Syndrome to communicate with the several parts of the criminal law system.
David Boulding translates criminal legal language into plain English by examining the role of each speaker and then isolating the language unique to that speaker.
Click here for the pdf.

The Criminalization of Fetal Alcohol Syndrome

Caron Byrne BA MSc MD wrote this discussion paper to address why many persons with Fetal Alcohol Syndrome (FAS) or Fetal Alcohol Effects (FAE) end up in the criminal system.
Click here for the pdf.

Special Study on Mentally Disordered Accused and the Criminal Justice System

This paper represents the first part of a Special Study geared toward examining mentally disordered persons who come into contact with the justice system. The objective of the study is to examine how developments both in mental health care and in the justice system's policies over the past two decades have affected the need for and feasibility of data collection relating to mentally disordered accused in the court system.
This paper is intended to provide background information for possible data collection initiatives and future research addressing the interplay between the health and justice systems when a mental disorder becomes a factor in legal proceedings. The second part of this study will be a study addressing the feasibility of collecting information on this population in the court system.
Click here for the webpage.
Click here for the pdf.

Fetal Alcohol Syndrome: Implications for Correctional Service

This is a report writtenby Fred. J. Boland, Rebecca Burill, Michelle Duwyn and Jennifer Karp, for the Correctional Service of Canada, Research Branch (1998). This report explores FAS and it's implications within the corrrectional system in Canada and ends with several recommendations for change. Click here to view this report.

Specialized Assessment and Program Pilot Project for Young Offenders with FASD
March 14 2003 - March 31 2005
FINAL REPORT JUNE 2005

This report describes the implementation of the Specialized Assessment and Program Pilot Project for Young Offenders with FASD. It includes an overview of the project which may be relevant to other agencies interested in developing a similar project. Following completion of this Pilot Project, the project partners have continued to deliver the services through funding provided by the BC Ministry of Children and Family Development. The program continues to evolve in response to new learning and the needs of young people and their families.