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.
Posted in Uncategorized
- Tagged Awareness, Consensus Development Conference, Criminal defense lawyer, Criminal justice, Crown, Edmonton, FASD, Fetal alcohol spectrum disorder, Justice professionals, Justice Robert Kilpatrick, Legal process, Northern News Services, Nunavut, Prevention, Sentencing, The Baffin Correctional Centre
Edmonton conference calls for changes to the justice system to protect sufferers of fetal alcohol disorder.
By Keith Green, Edmonton Journal (September 20th, 2013) (Accessed September 23rd, 2013)
Commentary by: Shauna Makie
On September 18th-20th 2013 approximately 300 attendies including judges, academics, lawyers, policy-makers and social workers were brought together to engage in conversation and discuss the complexities around FASD and the criminal justice system. Harboured in Edmonton, Alberta, 14 jurors, led by Ian Binnie—a former judge who served on the top court from 1998 to 2011—listened to several presentations from doctors, academics, lawyers and judges pledging their case to make changes to the criminal justice system to account for FASD. Some presentations brought forth ideas such as retracting mandatory minimums for FASD sufferers, reduce “administration of justice” charges, implementation of mandatory FASD screening at correctional facilities and for every child going into care, consideration of supportive housing rather than incarceration, and an update to the mental disorder defence. The recommendations stem from the identification regarding the range of impairments that can be experienced by those living with FAS which becomes problematic for the Criminal Justice System that is created to fit a “one size fits all” doctrine. Often times, the accused are held to standards that they cannot attain and therefore enter the “revolving door” of the criminal justice system and become debilitated by legalities.
While encompassing all aspects of FAS, discussions around monitoring, or intervention techniques for women who may or may not be pregnant were also highlighted to address the rights of the woman and how these techniques may become very intrusive. The complexity of delegating between rights of the woman and rights of the unborn were identified as a challenge that would have to be further investigated and discussed at the conference the following week (September 23rd-25th) at the First International Conference on Prevention of FASD in Edmonton. Overall, the conference identified a need for more training and screening in order to develop more tailored expectations for those living with FASD along side legal sanctions for those at risk by the concrete nature of the law.