FASD & the Justice System

R. v. J.C.D., 2015 MBQB 18 (Greenberg J.)

Application to exclude shoes and a tshirt seized from 15 yo accused charged with manslaughter – arresting and interviewing officer noted accused seemed intellectually slow and thought that he had FASD – questioned him as a ‘witness’ even though multiple stories and blood on shirt and shoe – consent obtained without right to counsel or right to refuse – compelled to cooperate without being told had an option and effect exacerbated by youth and limited intellectual ability – court should be concerned about distancing itself from police conduct – evidence excluded.