FASD is found in all sectors of Canadian society, but more Aboriginal offenders have been found to show recognized symptoms of FASD. It is important to consider s. 718.2 (e) of the Criminal Code in the sentencing of such offenders. Gladue is the quintessential decision on the applicability of s. 718.2(e). The cases in this section are those in which this decision has been considered in the context of Aboriginal offenders who had symptoms recognized as FASD.
For more information on the Gladue decision, please visit Aboriginal Legal Services of Toronto's Gladue pages at http://www.aboriginallegal.ca/gladue.php
This site offers in depth information on cases related to the application of s.718.2e of the Criminal Code as well as the Gladue decision. This site includes reported and unreported cases. However, these cases are not specifically related to FASD.
Below is a list of cases: