FASD & the Justice System

R. v. Jobb, 2007 SKPC 129, 2008 SKCA 156:

Initial finding that accused unfit overturned by Court of Appeal.  The limited cognitive capacity test does not require analytic ability or the need for an accused to appreciate his best interests – judge applied too stringent a test – accused doesn’t need to give ongoing instructions or assist counsel in his defence – just needs to understand what is being said and recount facts of offence to counsel.