FASD & the Justice System

R. v. LEK, 2001 SKCA 48, [2001] S.J. No. 434 (PC, Turpel-Lafond J.):  

Initial sentencing included term that there be a youth worker with special understanding of organic brain impairment assigned to the file – comprehensive case plan for release – CA found that judge exceeded jurisdiction – need to recognize problem judge attempting to address – cry for assistance and help in cases dealing with FAS-affected accused, not so much complex legal as complex medical – need for supports - intensive supervision order as opposed to custody – regular court monitoring of performance – urgent need for programs for young offenders with FAS – subsequent PC decision is review of his orders – none of the supports identified have been coordinated, revolving door of custody – orders varied so placed on one probation with intensive supervision