Tag Archives: Canada

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

FASD & the Law: Free Workshop – March 2015

February Update:

This will be a pre-conference event prior to 6th International Conference on FASD called “Research: Results and Relevance 2015” that is being held March 4-7 in Vancouver B.C. The pre-conference session on FASD & the Law will feature upwards of 20 short presentations. We are currently finalizing the schedule of speakers but emerging themes currently include: justice and law, corrections and incarceration, research and training, as well as family and care providers’ perspectives on justice encounters. We will have a complete list of speakers and schedule available in late January so stay tuned. This event is free and is open to the public. We do ask that you register for the event by contacting: faslaw@uw.edu.  Please share this event with your contacts and we hope to see you in Vancouver in the Spring!  See the preliminary schedule below – and register today! Please share with contacts and check out the facebook page by clicking here.

FASD & The Law:

Continuing the Conversation about Current Research, Best Practices & Ethical Considerations

Welcome

Registration and Coffee—8:00am to 8:15am

Welcome and Opening Comments (Fia Jampolsky, Kathryn Kelly & Michelle Stewart)—8:15am to 8:30am

Session I

FASD, Mental Health & Wellness Courts—8:30am to 9:15am

·       Judge Toth (Canada), Just Do It: How to Start a FASD Court Without Resources and Actually Get Something Done

·       Suzie Kuerschner (Canada), Wellness Court & Sentencing Plans for Defendants Living with FASD

·       Kelly Rain Collins (USA), Juvenile Mental Health Court

 

FASD in the Courts—9:15am to 10:15am

·       Judge Jeffrey (USA), TBD

·       Judge Wartnik (USA), FASD: Perseveration and Being “Bored”

·       Frances Gordon (Canada), FASD and the Principles of Sentencing: A Turn in the Road since R v Charlie

·       Magistrate Crawford (Australia), TBD

BREAK—10:15am to 10:30am
Thinking with Families and Youth about FASD and the Law—10:30 to 11:15am

·       Dorothy Reid, Canada FASD Research Network (Canada), Don’t Forget About Us: A Family’s Perspective on FASD and the Law

·       Dr. Lori Cox (Canada), The Nogemag Healing Lodge: Working with Youth and Families with FASD

·       Kee Warner & Deb Evenson (Canada), Not The Same Old Kettle of Fish: Communicating for Comprehension

 

Discussion Session One: Ethical Considerations—11:15am to 12:00pm
Presentation:

Dr. Amy Salmon (Canada), Engaging the Criminal-Legal System in FASD Prevention: Current Debates and Implications for Reproductive Justice

Audience and Panelists Discussion Hosted by: Fia Jampolsky

·       Emerging & best practices regarding FASD in the legal system

·       Ethical issues raised in these practices and possible remedies

 

LUNCH—12:00pm to 1:00pm

SESSION II

 

Youth Interventions—1:00pm to 2:00pm

·       Dr. Christina Chambers (USA), Screening for FASD among Juvenile Detainees in San Diego
·       Dr. Maya Peled (Canada), Breaking Through the Barriers: Supporting Youth with FASD Who had Substance Abuse Challenges

·       Dr. Steven Youngentob (USA), Prenatal Alcohol Exposure: The Role of Chemosensory Fetal Programming in Adolescent Alcohol and Nicotine Acceptance.

·       Richard Willier (Canada), FASD and Youth Diversions
Education and Justice Outreach—2:00pm to 2:30pm
· ·       Heather Jones (Australia) Developing FASD Educational Interventions for Justice Professionals

·       Dr. Michelle Stewart (Canada) Managing Expectations: Frontline Police Perspectives and the Limits of FASD Training

 

BREAK—2:30pm to 2:45pm

 

Discussion Session Two: Prevalence—2:45pm to 3:30pm

Presentation:

Dr. Kaitlyn McLaughlin (Canada), TBD

Discussion Host: Kathryn Kelly

·       What is at stake in prevalence studies?

·       What are some of the practices being used to establish prevalence?

Assessment and Assistance—3:30pm to 4:00pm
·       Betty Lou Benson (Canada) TBD

·       Lisa Bunton, (Canada), Providing Services to Offenders with FASD: Challenges and Successes (pending approval)

Discussion Session Three: Looking to the Future—4:00pm to 4:30pm

Audience and Panelists Discussion Hosted by: Michelle Stewart
·       What is on the horizon in the fields of FASD & the Law?

·       What are the research needs in these fields?

*Note: this is a preliminary schedule and is subject to change. Registration required. Contact faslaw@uw.edu.

CAMP UNITY: Help for children with Fetal Alcohol Spectrum Disorder

CLICK HERE TO ACCESS ARTICLE: CAMP UNITY: Help for children with Fetal Alcohol Spectrum Disorder

By: Michelle Ruby, Brantford Expositor, 21 July 2014

Accessed on: 25 July 2014

Commentary by: Krystal Glowatski

While the discussions around prevention are more popular than ever, one initiative is focusing on intervention. In Brantford, ON Camp Unity is being offered for the fourth summer. The camp takes in youth ages six to 18 who live with cognitive disabilities such as FASD. The overall goal of the camp is to fill the gap in learning caused by the summer break.

Campers do not have to be diagnosed to participate in the camp, although camp director Nicole Schween states that approximately half of the campers are diagnosed, while many display other problematic symptoms associated to FASD such as ADHD, learning disabilities, and behavioural issues.

The camp features lessons in an informal manner such that campers don’t necessarily realize they are “learning.” Many life skills are taught such as how to use technology, cooking, gardening, arts and crafts, and physical activities. From personal discussions with CBO workers in the world of FASD, it sounds like the campers strengths are being identified, rather than their weaknesses – an effective strategy that has been recommended time and again.

Additionally, the camp feature signs such as caution tape and stop signs, providing clear direction to campers. There is also a room where campers can go to calm down. While this space isn’t described in detail, to be effective with a child living with FASD, such a room should be minimal in stimuli.

While prevention is an important aspect in the approach to FASD, there is no way to 100% prevent FASD in today’s society. Initiatives like this are extremely important in helping those who do have FASD. The event hosted by Dr. Michelle Stewart that was held in Regina, SK in April 2014 focused on how to work with those who have FASD. We will soon be releasing the final report from the workshop titled “FASD at the Frontline: Dialogue and Strategies for New Outcomes,” which will feature many recommendations brought forth by our presenters and participants at this event. If you work at the frontline or know someone living with FASD, stay tuned for an informational and useful final report coming soon!

FASD Research Project – Podcast #1

Lead by Dr. Michelle Stewart at the University of Regina, this research project investigates Fetal Alcohol Spectrum Disorder with attention to the how FASD is understood in different communities of practice. This first podcast will introduce the listener to the project. NOTE: Please use Safari for best results.

Download mp3

Click here to listen to the second podcast, FASD And The Law

FASD program big success at Dryden school

FASD program big success at Dryden school

By: Grace Protopapas, Kenora Online, 18 March 2014

Accessed on: 24 March 2014

Commentary by: Sarah Cibart

Given the FASD Research Project’s upcoming workshop on strategies for new outcomes, this article appropriately highlights a progressive initiative being taken to adapt the learning environment for children with FASD.

At Open Roads School in Dryden, ON a new adapted classroom setting hosts children with FASD of various ages and abilities. One unique feature of the “FASD room” is that it covers colourful and distracting display boards and keeps toys and games hidden to minimize unnecessary distractions for the students.

“…a big thing is [that] we provide a safe environment to build their self esteem” says teacher Chona Dufrense as she boasts the effectiveness of the adapted learning environment.

So far there are only four students enrolled in this program. The ultimate goal for these students, says Dufrense, is integration into a larger classroom setting. This process, she says, will be very different for each of them. Her focus is playing to each of their diverse strengths.

As awareness of FASD continues to grow in Saskatchewan, the idea of an adapted FASD classroom within our schools becomes more manageable. With high rewards such as building strength and confidence for youth living with FASD, as well as supporting educators who struggle to meet the diverse needs of FASD students in a non-adaptive setting, the pros of an “FASD classroom” seem to outweigh the cons. With this in mind, it may take time and work to ensure youth with FASD feel safe and accepted in a separate adapted learning setting, and that social inclusion remains an important goal of educators and mentors.

Whitehorse Celebrates New Affordable Housing

Whitehorse Celebrates New Affordable Housing

By: Marketwired, 19 Feb 2014

Accessed on: 20 Feb 2014

Commentary by: Krystal Glowatski

In a show of support and recognition of those living with FASD, a new secure living complex has been opened in Whitehorse, Yukon.  This initiative was led by the Options for Independence Society, and supported/funded by the Canadian Government, the Yukon Government, and many community partners.

“This facility will provide a safe environment for some of our most vulnerable citizens who face real challenges.  I am happy that as a government we are able to assist more people who are in need of this type of support,” said Minister of Health and Social Services, Doug Graham.  “The opening of the new building also demonstrates this government’s commitment to providing services to those in need in this community.”

Many key partners funded this project, and the result is 14 new housing units for individuals affected by FASD.  Once safe and affordable housing is achieved for individuals with FASD, the focus can shift to their more pressing needs (for example connecting to community resources).

Just released: The international charter on prevention of fetal alcohol spectrum disorder

Just released: The international charter on prevention of fetal alcohol spectrum disorder

Accessed on: 27 Feb 2014

Commentary by: Krystal Glowatski

While this isn’t a news article – this is ‘FASD in the News’ at it’s best!  Just released yesterday is the International Charter on Prevention of Fetal Alcohol Spectrum Disorder.  If you have any interest at all in FASD, I urge you to read this short article.  It highlights every point and argument I can think of surrounding FASD.

Since I can’t say it better, I’m going to provide you with a few of my favourite lines and leave the rest up to you:

 

“Fetal alcohol spectrum disorder is a serious health and social problem, as well as an educational and legal issue, which affects individuals, families, and societies worldwide.”

“Although maternal alcohol consumption during pregnancy is the direct cause of fetal alcohol spectrum disorder, many underlying causes exist for drinking during pregnancy.”

“The perception that fetal alcohol spectrum disorder is affected only by a woman’s choices is a major barrier to effective prevention efforts. Men also have a responsibility.”

“Although public knowledge of fetal alcohol spectrum disorder is high in some countries, it is very low worldwide.”

“Informative materials about fetal alcohol spectrum disorder in regionally-specific languages, and that are relevant to local cultures and systems, are needed.”

 

If this doesn’t get your interest, I don’t know what will.  Please – read, comment, share!  This is a very exciting moment in the world of FASD research and practice.

Lives and crimes: Kids who suffer foetal alcohol spectrum disorder

Lives and crimes: Kids who suffer foetal alcohol spectrum disorder

By: Patrick Begley, The Sydney Morning Herald, 16 Feb 2014

Accessed on: 20 Feb 2014

Commentary by: Krystal Glowatski

While this article is focused on FASD in the Australian context, the author does an excellent job of outlining some of the issues FASD presents for clients and professionals in the justice system.

Australian FASD experts have claimed their country is about 20 years behind Canada in the recognition of FASD.  Many justice professionals still are not aware of the disorder or how it impacts the justice system experience.  This is a timely piece, as we are soon hosting a workshop targeted toward helping front-line workers (i.e., justice professionals, social workers, and those who work in community-based organizations) strategize effective ways to work with clients who have FASD and available resources to proceed with this work.

Some of the issues associated with FASD, as outlined in this article are: lack of patience, impulsivity, issues with memory/event recall, and short attention span.  Consequently, this may result in repeatedly breaking the law, lack of understanding action and consequence, false confessions, and the possibility of easy manipulation.

The author of this article points out a number of times that FASD is indeed brain damage – something that doesn’t seem to be expounded on nearly enough in my opinion.  Let me say it again, FASD is a brain injury.  This means that while some people display the physical attributes associated to the disorder (such as small stature, small eyes, a thin top lip, etc.), many individuals with FASD do not present at all.  However, this doesn’t mean they don’t suffer in terms of mental abilities.  If someone is in an accident and suffers an ABI (acquired brain injury), you can see how they may be affected by the injury cognitively and behaviorally.  It is the same with individuals who have FASD – they essentially have a brain injury – it’s just that the brain was injured during prenatal development.

The author also refers to FASD as “the hidden harm.”  In other words, this disorder may often be mistaken for other disorders such as autism or ADD.  I know from speaking with professionals in the field that misdiagnosing FASD is perhaps one of the worst things that could happen to the individual with FASD.  The treatment and practices surrounding FASD are much different than those associated to autism or attention deficit disorders, and could actually be harmful to the individual who has been misdiagnosed.  Furthermore, a misdiagnosis may mean the individual never receives an accurate diagnosis.

Australia has set aside government funds to approach FASD, however, as this article discusses, it’s unclear how they are going to go about using the funds.  Some say there’s too much focus on prevention (something I believe I have stated in previous blog posts on this site), and not enough allocation or attention to those who already have FASD – we cannot forget about these individuals.

While this has been a lengthy post, I really encourage you to read the article itself.  The author, along with the subject matter experts, have done a wonderful job of summarizing the impacts of FASD on the justice system – both for justice professionals and for the clients who are affected by FASD.

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.”