FASD & the Justice System

R. v. O’Donnell, 2014 ONCA 18 – Review Board

Appeal from Review Board disposition continuing appellant’s detention in maximum secure facility – NCRMD on 17 charges including graphic threats of death and sexual violence – significant criminal record – many diagnoses, including FASD – intellectual functioning compromised to extent that impacts ability to benefit from therapeutic programs and understand abstract concepts – appellant given Independent Management Plan intended to enhance his ability to succeed in programming - Board’s decision upheld but at pending hearing should address extent of progress on Independent Management Plan, and if sufficient may address transfer to medium security facility.