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Youth Sentencing
As with adults, an FASD diagnosis in a young person reduces his or her moral culpability and acts as a mitigating factor.
Also as with adults, the consequence of a diagnosis can an increase in time in custody for ostensibly rehabilitative purposes (R. v. D.L.T., 2002 ABPC 101, R. v. E.L.J., [1998] Y.J. No. 19, R. v. T.P.F., 2005 ABQB 68, R. v. C.H. (2011), 316 Nfld. & P.E.I.R. 65, also R. v. C.T.H., 2015 MBCA 4). It has been observed that FASD poses challenges to rehabilitation (R. v. Bird, 2008 ABQB 327).
However other youth courts have expressed concern that increased time in custody could result in more exposure to a negative peer group, which is concerning given the susceptibility of youth with FASD to peer pressure (R. v. B.G.L., 2005 BCPC 643),
It is appropriate to bring a young person back to court for monitoring during the sentence (R. v. L.E.K., 2001 SKCA 48).
Below is a list of cases: