FASD and the Criminal Justice System: Transnational Research

Patrick McGee spoke with Damien Carrick on the Law Report on RN, Radio Australia, ABC News Radio on November 10, 2015 about the treatment of offenders with FASD in the Australian court system. The episode, entitled “Indigenous Prisoners and FASD” is available from the ABC RN website and offers insight into the growing awareness about FASD in the criminal justice system in Australia. The conversation is partially based on a recent study headed by Dr. Eileen Baldry (University of New South Wales) in which she found that Indigenous Australians with disabilities are often caught in the criminal justice system due to a lack of appropriate support systems. McGee asserts that the criminal justice system is ill-prepared to handle offenders with disabilities. He acknowledges that there are more effective ways of managing this issue, but that they are at the levels of intervention and diversion programs, as well as finding ways to encourage jurisdictional cooperation between disability services and the justice system. McGee points out that this is an issue that has emerged in Canada and the United States as well, but he feels that Australia has fallen behind in terms of awareness and responses. Listen to the episode at http://www.abc.net.au/radionational/programs/lawreport/indigenous-prisoners/6923270#transcript.

This issue was also recently addressed within the Canadian context at a conference in Regina, Saskatchewan on November 17, 2015. A panel comprised of Saskatchewan-based professors including Michelle Stewart, Robert Henry, and Jason Demers discussed incarceration rates in Canada. Indigenous offenders and offenders with FASD were specifically discussed, as were community-based alternative options to incarceration. International awareness of the intersection of FASD and the criminal justice system is growing; however, strategies for alternative treatments and programs are broadly being developed in response. Check out the LeaderPost article “Aboriginal incarceration up 47 per cent at Canada’s federal prisons” and see for yourself (http://www.leaderpost.com/health/aboriginal+incarceration+cent+canada+federal+prisons/11384178/story.html).

Ali McCudden December 19, 2015

“Dispensers at Yukon College, Dirty Northern pub”

“Dispensers at Yukon College, Dirty Northern pub”

CLICK HERE TO ACCESS THE ARTICLE

By: Philippe Morin, CBC News, 29 March 2015

Accessed on: 29 March 2015

Commentary by: Sarah Cibart

A few weeks ago Whitehorse became home to a research project out of the University of Alaska Anchorage. The project, funded by the Fetal Alcohol Syndrome Society Yukon (FASSY), focuses on Fetal Alcohol Spectrum Disorder (FASD. A major part of the project involves pregnancy test dispensers in washrooms meant to encourage women to ensure they are not pregnant before they consume alcohol. The second piece of this project aims to provide women with education and support surrounding pregnancy and alcohol consumption. The dispenser with pregnancy tests also has a QR Code (smartphone scanner) which links to FASD resources and a survey. If the women complete the survey, they are entered to win a $15 iTunes gift card.

In this article the interviewer speaks with Jessica Fulmer, who lives with Fetal Alcohol Spectrum Disorder and is a mother herself. Fulmer states that she would have found it much easier to take a pregnancy test in college had the washrooms offered an accessible, affordable, and discreet dispenser. “It is scary to learn you are pregnant”, said Fulmer, “this is one thing that will help break the stigma.”

Wendy Bradly, Director of FASSY, says the pregnancy test dispensers help normalize the process of testing for pregnancy. It is her hope that these dispensers become as normalized as condom dispensers in public washrooms. New and innovative methods of surveying ways to support women in FASD prevention are both valuable and groundbreaking.

Free pregnancy tests in bars an effort to curb Alaska’s FASD rates

CLICK HERE TO ACCESS ARTICLE: Free pregnancy tests in bars an effort to curb Alaska’s FASD rates

By: Charlo Green, KTVA Alaska, 20 June 2014

Accessed on: 17 July 2014

Commentary by: Jeanelle Mandes

Last month, Charlo Greene published an article about approaching the prevention of Fetal Alcohol Syndrome Disorder (FASD) using a different method. The University of Alaska Anchorage (UAA) Institute for Circumpolar Health Studies came up with an idea to introduce pregnancy tests in Alaskan bars. Alaska has a high rate of FASD and with this idea; they hope this technique will bring awareness to women who consume alcohol.

Janet Johnstone, with the UAA Institute for Circumpolar Health Studies, believes this approach may help women to think twice when about to consume alcohol if they may be pregnant.

“If someone is drinking at a bar and they see the test, they may just think about it a little more. Also if someone takes the test and finds out they’re pregnant, that hopefully will also have an effect on their drinking,” said Johnstone.

Not only will pregnancy test dispensers be available in bars, but there will also be posters with warning messages will be put up in some restaurants and bars.

With these two methods, there will be surveys provided for women to answer questions about the warning techniques. With the gathered data, the researchers will be able to gain a picture of which system reached out to the women best.

The bars and restaurants will start seeing these by the end of the year and the researchers will expect to have the outcomes within two years.

Others may wonder if these approaches are worth the effort but in a state with a high rate of FASD, many may think any technique is better than no technique.

Group of lawmakers fighting fetal alcohol syndrome

Group of lawmakers fighting fetal alcohol syndrome

By: Matt Buxton (Fairbanks Daily News: Newsminer.com), 3 Feb 2014

Accessed on: 3 Feb 2014

Commentary by: Krystal Glowatski

A group of lawmakers in Alaska have “declared war on fetal alcohol syndrome.”  The new public health campaign known as “Empowering Hope” consists of a variety of members: Kelly, Sen. Anna Fairclough, R-Eagle River, former Doyon executive Norm Phillips, Alaska Mental Health Trust Authority CEO Jeff Jessee, University of Alaska President Mark Hamilton, retired Superior Court Judge Niesje Steinkruger, Val Davidson of the Alaska Native Tribal Health Consortium and former Rep. Reggie Joule.

One of the initiatives the group hopes to instate is “natural responders” within rural communities.  These people would “serve as a rural community’s first responder to help keep a pregnant woman from endangering her unborn child with alcohol.”  Touching on a previous blog I wrote in February, the group will also initiate an awareness campaign to make women aware of the dangers of drinking while pregnant.

Kelly states, “this approach — having and [sic] end-goal of eradicating the problem — is a much-needed departure from traditional thinking.”  I think the widespread, common goal already focuses on eradication, based on all of the talk of prevention across the country, and indeed, internationally.  It will be interesting to see what the following weeks will bring in terms of information on “Empowering Hope’s” plan for the short and long-term.  Perhaps there will be some innovative approaches coming out of Alaska in the near future.

FASD requires more than talk

FASD requires more than talk

By: The StarPhoenix, 22 Jan 2014

Accessed on: 23 Jan 2014

Commentary by: Krystal Glowatski

As a follow-up to the meeting of FASD experts in Saskatoon in mid-January to discuss the issue of FASD in Saskatchewan, The StarPhoenix ran a story titled, “FASD requires more than talk.”

The story outlines the preventable nature of FASD, but also sets the stage for the limitations on prevention as a solution to FASD.  While the solution seems simple – don’t drink while you’re pregnant and you will not produce a child with FASD – there are limitations on the controls government can place over women’s rights when it comes to their bodies.

The article states, “A 1997 Supreme Court decision made it clear… that governments have limited powers in forcibly preventing pregnant women from drinking or having them take solvent-abuse prevention programs in the guise of protecting the fetus.  Women in Canada have the right to control what’s done to their bodies even if society disagrees with how they exercise that right.”

For example, as this article points out, there are many awareness campaigns out there, informing women and girls of the dangers of drinking alcohol while pregnant.  This is an excellent initiative – for some women.

The problem, however, is that while women do not wish harm on their babies, there are issues that need to be addressed which extend beyond awareness.  For example, women often do not know they are pregnant for the first while – something that is often mentioned at conferences on FASD and by advocates promoting prevention through abstaining from alcohol altogether.  If you recall a news blog I wrote in early January about pregnancy test dispensers being placed in pubs, the goal of these dispensers is to offer awareness to women going out for drinks.  By taking a pregnancy test at the earliest possible moment, women can cease drinking immediately, thus reducing the potential harm to their fetus.  However, some women may be struggling with alcohol and other addictions.  The initiative is an inventive one for certain, but I hope there will be further focus on other issues causing FASD – issues such as addiction, trauma, poverty, abuse, and the effects of colonialism.

As the final passage of this article states, “It is the responsibility of governments to try to address the social problems at the root of these issues, including making sure that women have the financial security to take control of their lives.  It may not be cheap, but it costs society less in the long run than dealing with FASD victims for their entire lives.”

Pub pregnancy test plea to halt FASD

Pub pregnancy test plea to halt FASD

By: Julie Cush (BBC News), December 31, 2013

Accessed on: January 6, 2014

Commentary by: Krystal Glowatski

While Canada gears up to pilot an initiative where pregnancy test dispensers are installed in bar washrooms, it seems the UK is getting ready to experiment with this program as well.  The article articulates how pregnant women are bombarded with advice during pregnancy – and this is undoubtedly true.  However, the author also suggests that if you know you’re pregnant, why take the risk of harming your baby.

This back and forth reasoning in the FASD debates is nothing new.  Although, it is interesting that social awareness is moving forward despite criticism of ‘FASD’ in general in the UK in the past several years.  In June 2007, ‘PulseNews’ published an article stating the BMA was drawing a hardline on drinking during pregnancy, that there should be absolutely NO drinking while pregnant.  Dr. Trefor Roscoe stated in the article, “How far down the road of nannying are we going to go?  If alcohol really was that dangerous in pregnancy it would have been obvious years ago.  I doubt this was drawn up by GPs as GPs live in the real world.”  Moreover, in the past few years, various studies have been coming out of the UK and Denmark stating alcohol during pregnancy is not that harmful – which has produced a controversy all it’s own.

Here we are in 2014, putting pregnancy tests in public washrooms.  Are we moving towards an “FASD moral panic” or a new era of awareness and prevention?

Northern News Services: Judge laments lack of help for offenders with FASD: Suggests defence lawyers become advocates for clients who are struggling with conditions

Judge laments lack of help for offenders with FASD: Suggests defence lawyers become advocates for clients who are struggling with conditions

By: Miranda Scotland, Northern News Services (September 7, 2013) (Accessed: September 25, 2013)

Commentary by: Krystal Glowatski

The article outlines the first case in Nunavut to address sentencing issues surrounding FASD.  In the case of 23-year-old Peter Joamie, charged and found guilty of sexual assault, the offender was handed a sentence of one year to 13 months, as requested by the Crown.  The judge outlines the lack of services available to individuals with FASD in Nunavut; alternatively, FASD is being addressed through prevention and community awareness.  Although prevention and awareness are beneficial, there is a serious need for services available to people already affected by FASD.  The judge explained that “The Baffin Correctional Centre’s 18-bed Katak Unit is fast becoming a warehouse for the mentally ill, for those suffering from FASD, and for those who are otherwise vulnerable and needing protection.”  The phenomenon of warehousing FASD individuals in prisons is not unique to Nunavut; however, the situation is expounded in a community that is so drastically depleted in available services.  While the Crown requested what the judge refered to as a “generous” sentence, the defence neglected to provide evidence of Joamie’s condition.  As the title of this article suggests, defence lawyers need to disclose such information where it may be considered in sentencing an offender.  As was recently discussed at the Consensus Development Conference on FASD and Legal Issues in Edmonton, AB, issues surrounding FASD need to be taken into account during the legal process.  Many recommendations came out of the recent Consensus Development, and perhaps with time, disclosing such information will be common practice and less people with FASD will be severely impacted by the criminal justice system.  As it is now, the criminal justice system inadvertently sets these individuals up for failure.  Responsibility has to be shared among all justice professionals to begin acknowledging FASD as a serious consideration in the criminal justice process.