FASD & the Justice System

R. v. L.L.B., 2013 SKPC 165 (Whelan J.)

Guilty plea by Métis offender to robbery of phone from student, committing an indictable offence while face masked – offender with ARND – history of family breakdown, family substance abuse, physical and emotional abuse – intellectual capacities variable – high risk of reoffending, few supports and greater needs – YCJA requires the imposition of meaningful measures with regard to offender’s level of development and special needs – ARND diagnosis and Gladue factors should lead to greater understanding not harsher treatment – ARND diagnosis should be ‘game changer’ in terms of understanding appropriate measures to assist him – 15 months probation.