The announcement by the Canadian Bar Association this past weekend that it supports alternative rehabilitation for people with fetal alcohol spectrum disorder (FASD) who commit crimes piqued the interest of the national media and sparked action at the offices of justice ministries in Ottawa and the provinces.
Federal Justice Minister Rob Nicholson announced on Monday that the issue will be addressed at an upcoming meeting with provincial justice ministers, calling it a “huge problem” in the corrections system. It’s nothing new to corrections experts, though; a Toronto Star article cited a 1998 Corrections Canada report [PDF] highlighting the challenges associated with trying to rehabilitate offenders with FASD. That report’s recommendations centre on increased screening processes and support systems, while another, more recent document [PDF] lays bare the challenge FASD and related disorders presents to Canada’s corrections system:
The behavioural and learning characteristics associated with these disorders make it difficult for affected individuals to function effectively in the aggressive and often uncertain environment of a prison. The presence of affected individuals creates issues for institutional staff, program deliverers, parole boards, and those involved in community supervision.
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It is known that a favourable environment and early intervention can do much to ameliorate the consequences of FASD. This still leaves a major problem with those who are undiagnosed or, lacking a favourable early intervention, come in contact with the youth or adult criminal justice system. The challenge is to detect these individuals through screening and diagnosis.
The CBA’s new focus on this issue is due to incoming President Rod Snow, from the Yukon office of Davis LLP. FASD is particularly prevalent in aboriginal and northern communities. “Based on my experience of 17 years in the north and more than 25 years as a partner in a national law firm,” Snow said in a CBA release, “I know we can do more to improve access to justice for individuals with (FASD).”