FASD & the Justice System

R. v. Gray, 2002 BCSC 1192 (Wong J.) (overturning2002 BCPC 58): 

Certiorari of provincial court order for FASD assessment of Aboriginal accused being sentenced for trafficking  and breach offences – sentencing judge exceeded her jurisdiction – cannot use s. 672 to order assessment for purpose of determining proper sentence – also, even when used in fitness/NCRMD inquiry, s. 672 does not allow a court to specify the type or location of assessment and order government funding – proper approach is incremental – specific tests and funding may be ordered if general psychiatric evaluation indicates a need and funding otherwise available, it is at this point that Charter is engaged.

See also the companion decision in R. v. Creighton, 2002 BCSC 1190 (overturning 2002 BCPC 182).