FASD & the Justice System

R. v. C.T.H., 2015 MBCA 4

Appeal from adult sentence imposed on Aboriginal young person for seven violent offences, including five stabbings and a choking – ARND diagnosis – significantly impaired brain function and unable to live independently – to hold young person accountable sentence must be long enough to reflect seriousness of offence and long enough to provide reasonable assurance of rehabilitation to point where reintegration possible – sentencing judge considered cognitive deficits in concluding that youth sentence would not be sufficient for rehabilitation – sentence not demonstrably unfit, no error.