FASD & the Justice System

Cree Nation Child and Family Caring Agency v. R.L., 2013 MBQB 267 (Hatch J.)

Father seeking to quash apprehension of 16- and 14 yo children on basis that no reasonable and probable grounds to believe they were in need of protection – both children with FASD – father sought assessment, took programs to learn about disorder, in contact with schools and attended special education planning meetings – apprehension triggered when seeking custody of grandchild because of risk assessment indicating ‘high risk’ based on sexual interference charge from 21 years earlier – children raised no concerns – father dedicated and devoted, done everything possible to help his children with challenges of being high needs children – both children want to return to father – children returned.