FASD & the Justice System

R. v. J.J.P., 2011 BCPC 468 (Challenger J.)

Guilty plea to a number of assaults and robberies – significant injuries – JJP 28 yo and Aboriginal, foster care, substance abuse, has FASD diagnosis – not meaningfully engaged in any form of treatment due to resistance to treatment and level of aggression – lengthy record – little to suggest he could or would comply with a community-based disposition, entrenched in criminal lifestyle and substance abuse – society needs to be protected – denunciation, deterrence take greater weight than rehabilitation – paradoxically, cognitive difficulties mean that best prospects for rehabilitation are in period of custody in federal institution – 3 years jail.