FASD & the Justice System

R. v. Sawchuk, [1997]  MJ No. 186 (QB) (Oliphant J.)

Accused with FAS made inculpatory statements with respect to an arson investigation – statements excluded because were taken in violation of his s. 7 and s. 10(b) Charter rights – when dealing with an individual who has mental challenges, police need to go further in providing a reasonable opportunity for the exercise of the right to counsel.