New Manitoba court for people with FASD could be game changer: experts

Lawyers andjudgessaya new courtset to openin Manitoba specificallyfor peoplewith fetal alcohol spectrum disordercould be a game changer.

"If you have somebody who can't read, can't write, physically cannot connect cause and effect, there has to be a way to address a sentence that they will understand," said Winnipeg defence lawyer Lori Van Dongen.

"That is just common sense."

Van Dongen said people withthe disorder areoften set up by the justice system to fail. The legal world has been slow to adapt to their challenges whether it'sbail conditions they can't adhere to or a list they are unable to read,she said.

When a fetus is exposed to alcohol it can cause brain injury and the impactsrange from mild to severe. Only some people show physical signs,but most people with the disorder see and understand the worlddifferently.

They struggle to understand the consequences of their behaviour and many are impulsive. They follow others easily and have drug or alcohol problems.Without the proper support they oftenend up in front of a judge and behind bars.

It's not known how many people in Canada have the disorder, because it can go undetected and is difficult to diagnose. But Health Canada says it's the leading known cause of preventable developmental disability in the country.

Research suggests thatup to one-quarterof inmates in federal corrections facilities could have the disorder. A 2011 study out ofStony Mountain Institution in Manitoba found the rate was 10 times greater in the federal prison than in the general population.

Mary Kate Harvie, a Manitoba provincial court judge, said it was clear a long time ago that changes had to be made so people with the condition couldbe treated fairly in the legal world.

In 2004, she was involved in creating a programthat helpsyoung people get a diagnosis andconnects themto community supports. It also gives lawyers and judges more information about issues an accused offender might have because of the disorder.

Challenges linked to criminal behaviour

The program has hadmore than 1,200 referrals, has done more than 400 assessmentsand helped get almost 300 kidsdiagnosed.

Harvie saidthe Manitoba Court of Appeal has made it clear that a sentencing judgeshould consider howchallenges faced by someonewith fetal alcohol spectrum disordercan be linked to their criminal behaviour.

"If people are not showing up to court because they have short-term memory loss, that's a big difference from someone who is just blowing court off."

Administrative charges have filled courts, remand centres and prisons with offenderswho break curfew or miss a meeting with their parole officer because they struggle with the concept of time, Harvie said.

"We are hoping this project will start to address a number of aspects of that."

Smaller, quieter courtroom

The court, whichis expected to open at the end of February and sit one day a week, is an extension of the original youth program. It will have judges with an understanding about the complexities ofthe disorder as well as support workers to advise andconnect sufferers with community programs.

It will also help obtain a medical diagnosis for anyone who showssignsof having the brain injury although the waitcontinues to be long.

Thisis a really good move for our courts, for our province, for our clients.'-Defence lawyer Wendy Martin White

There will be asmaller, quieter courtroom with fewer distractions andvisual imageswill be usedto make sure offenders understand what's going on.

Defence lawyer Wendy Martin White said she is optimistic that the new court will help her clientsand hopes it will divert people from jailsand toward community supports.

"This is a really good move for our courts, for our province, for our clients," she said. "I'm looking forward to seeing where it's going to be in a year's time and then in five years' time."

Audrey McFarlane, executive director of Canada FASD Research Network, suggestsit's time for a national strategy.

"Right now all the provinces and territories do what they think is best and ... they are trying really hard, but Canada needs to also provide additional support, guidance and leadership," she said.

"Canada, as a whole, has put in very few resources to address FASD."