FASD & the Justice System

R. v. I.D.B., 2004 ABPC 219 (LeGrandeur J.); R. v. I.D.B. 2005 ABCA 99; R. v. I.D.B. 2005 ABQB 421 (Hembroff J.):

Youth with FAS diagnosis –  permanent, severe brain damage prevents rehabilitation to any degree – IRCS not available – CA upheld superior court decision re transfer to adult court – Accused will always be a risk – no rehabilitative prospects – concern is with maintenance only – QB sentencing on plea to first degree murder – parole eligibility set at maximum for youth (7 years) – this just eligibility – prognosis so pessimistic he may never be eligible for parole and likely beyond redemption – lacks capacity to grasp gravity of offence, cannot learn and adapt behaviour.