Recent headlines have underscored the need for more FASD training and understanding at all levels of the criminal legal system. 

When the system isn’t fully informed 

Earlier this month, a story hit headlines about a man with FASD who experienced oppressive police interrogation tactics. Police questioned the man for over eight hours without providing the support or accommodations he needed. Detectives assumed that the accused was deliberately trying to distract or mislead them and used tactics like “literally screaming at the accused at the top of their lungs” to get his statement. 

However, both judge and lawyer recognized the impact that the individual’s FASD diagnosis had on his interaction with police. The judge ruled that the statement was inadmissible evidence in the trial, saying detectives “chose to believe that the accused was intentionally lying to them and they ignored any possible benign explanations for [his] mischaracterization of the evidence, such as his extreme intoxication at the time, fatigue or a cognitive deficit arising from his FASD.” 

More effective and responsive solutions 

A system that is not FASD-informed is a major risk. As outlined by the defence lawyer in the case above, “if [the man’s] statement was allowed as evidence as the result of detectives’ “tunnel vision,” it could “very well lead to a wrongful conviction and bring the entire administration of justice into disrepute, and the entire system into disrepute.””  

Alternative approaches that take an FASD-informed approach to the criminal legal system aren’t only beneficial for the individual. They can help make the system more efficient and effective too.  

Justice-involved youth with FASD may be at higher risk for recidivism but resilience and protective factors may mitigate this risk. The All 4 One Youth Justice Program found that after joining the program, more than half of the youth reduced their contact with police. The legal issues associated with FASD have major financial implications, with the annual justice-related costs estimated at $1.2 billion per year in Canada. 

By finding better ways to identify and support people with FASD in the justice system and prevent criminal legal involvement in the first place, we may be able to reduce the cost of FASD on the system, reduce the likelihood of reoffending, and reduce the numbers of people coming in contact with the criminal legal system. 

Building a more supportive system 

Fortunately, there are encouraging examples of how professionals are taking an FASD-informed approach in the criminal legal system. In Manitoba, the FASD court system offers a model of how legal processes can be adapted to better support individuals with FASD. Judges, legal counsel, and service providers work together to recognize FASD as a mitigating factor and connect individuals to appropriate supports. 

In Ontario, a judge recently reduced a proposed joint sentence, explicitly acknowledging the lifelong challenges associated with FASD. The ruling even referenced CanFASD’s own resources, including our definition of FASD and the Caregiver’s Guide to an FASD Diagnosis. 

Another standout initiative is the All 4 One Youth Justice Program, serving Hamilton, Burlington, and surrounding areas. Run by the John Howard Society, this program brings together families, service providers, and legal professionals to build individualized support plans for youth with FASD. It also creates a space for professionals to share strategies, insights, and best practices.  

Equipping professionals with knowledge 

These success stories show what’s possible when people are equipped with the right knowledge and they approach their work through an FASD lens. CanFASD offers several evidence-based online training courses tailored for legal professionals, including: 

• FASD for Judicial and Legal Professionals: This course gives judges, lawyers, and others working in the courts a deeper understanding of how FASD affects legal involvement. It tackles common misconceptions and provides strategies for more appropriate, effective responses.   
• FASD for Solicitor General Professionals: This course is designed for professionals in law enforcement, corrections, and related areas. It explores how FASD shapes legal involvement and offers practical guidance for supporting individuals in custody, under supervision, or during interactions with police.   

Youth FASD Justice Program Officer from Lethbridge Police Service, Constable Chris Andrade, shares his experience of taking the FASD for Solicitor General Professionals  course: “Given the over-representation of individuals with FASD in the Justice System as victims, witnesses and subjects, I believe it is critical for all police officers to receive relevant training on FASD such as this course. Personally, I found the course was very well put together and full of knowledge applicable to law enforcement.” 

Everyone plays a part  

FASD isn’t always visible and is often misunderstood. Without the right training, well-meaning professionals can unintentionally contribute to injustice. Whether you’re on the front lines or in the courtroom, your role matters. With the right tools, we can create a legal system that recognizes FASD, responds appropriately, and treats people with the dignity and fairness they deserve.