FASD & the Justice System

R. v. Green, 2013 ONCJ 423 (George J.)

Guilty plea by Aboriginal offender to breaching a s. 810.2 recognizance (x2), possession of marijuana – 76 prior convictions – significant history of sexual offending linked to alcohol – offender himself the victim of abuse – heartbreaking background and history, exposed to alcohol and violence as child, death of sibling – strong suspicion of FAE – seems likely given impulsivity and lack of rational forethought - need for intensive treatment and consistent structure - troubling inability to access programming while in custody – specific deterrence completely irrelevant, diminished importance of general deterrence and parity – rehabilitation front and centre – alcohol abstain breach perhaps often minor, but in this context, where intricately tied to extensive criminal behaviour and risk factors is more significant – 4 months jail less psc plus probation (including abstain clause) (Crown seeking 6 mos)