The Criminalization of Fetal Alcohol Spectrum Disorders

Too many individuals with fetal alcohol spectrum disorders (FASD) appear to be coming into conflict with the legal system, and end up in the criminal system. Diane Fast and co-workers in British Columbia studied 287 youth in the criminal justice system and found that 67 (23% of them) had FASD. This work was published in the Journal of Develpmental and Behavioural Pediatrics vol 20, in October 1999.

Today I asked Gord Mackintosh, the NDP Minister of Justice for the last six years, whether he was screening those charged with criminal code offences for mental health disorders including FASD, and how many individuals with FASD had been identified. His answer was weak, and unclear to what extent any screening is occurring, with the possible exception of a "pilot program" which he did not describe well.

Caron Byrne, a psychiatrist at the University of British Columbia, is unequivocal. She says "Mental health screening of persons charged with criminal code offenses, that would include screening for FAS is an absolute must." See http://www.asantecentre.org/pdf/Criminalization_of_FAS.pdf

Byrne says "The secondary disabilities that develop from the primary organic damage place persons with FAS/E at risk of victimization, criminalization, substance abuse and psychiatric illness." It is time to stop this victimization and criminalization. It is time to recognize that it is essential to screen persons charged with criminal offences and to use the results of this screen to better protect those with FASD, to decrease the number of criminals in Manitoba, and to provide better security and safety for all citizens.