FASD & the Justice System

R. v. E.L.J. [1998] Y.J. No. 19 (Terr. Ct.) (Faulkner J.): 

Youth with FAS and history of conflict with justice system – joint submission for open custody – inadequate tools to deal with such offenders – few supports in community and jail not appropriate – consider specific deterrence and behavioural controls – closed custody appropriate with transfer to therapeutic centre if available - no effective long term solution in criminal system – * not explicitly considered aggravating factor, but result of FAS is longer and more restrictive custodial term