Beyond the Surface: The Hidden Spectrum of FASD in the Justice System (John Howard Society)

Funded by the Dept. of Justice, Canada “When recognizing the systemic challenges within the Canadian criminal justice system, it is important to acknowledge the historical and present-day impacts of colonialism and systemic discrimination which includes but is not limited to the over-representation of Black individuals and Indigenous Peoples throughout the criminal justice system..Additionally, individuals with Fetal Alcohol Spectrum Disorder (FASD) are disproportionately affected by the justice system, with 60% of those with FASD having contact with the justice system – 30 times higher than the general population…”
An updated systematic review of the literature on fetal alcohol spectrum disorder and the criminal legal system

This updated review identified 54 studies (2017–2024) on fetal alcohol spectrum disorder (FASD) and the criminal legal system—more than double the 2018 review. Most research, from Canada and Australia, highlights growing knowledge but ongoing gaps in interventions, outcomes, and socio-cultural factors. Future research priorities are outlined.
Tips for Justice Workers

Tips for communication, going to court, testifying and other legal topics (12 pages)
Fetal Alcohol Spectrum Disorder and the Justice System – (in french)

Information about FASD and justice system including trials, sentencing, fitness to stand trials and memory problems. Caution: uses old diagnostic terms
Inverted Power: An Analysis of the Exlcusion Clause in Ontario’s Education Act

An analysis of s. 265(1)(m) of the Education Act, which allows principals in Ontario to exclude children from the school premises and the legal problems using it (13 pages)
Fetal Alcohol Spectrum Disorder and the Criminal Justice System: A Poor Fit

Fact sheet and myths about FASD; what lawyers need to understand when working with clients with FASD. Caution: uses old diagnostic terms (4 pages)
Fetal Alcohol Spectrum Disorder and Justice

Information about FASD and justice system including trials, sentencing, fitness to stand trials and memory problems. Caution: uses old diagnostic terms
Fetal Alcohol and the Law – Part 2

Information about the Criminal Code of Canada and how it s unfair to those living with FASD; unfairness of the legal system towards those with FASD (12 minutes)
Fetal Alcohol and the Law – Part 1

Information on how brain damage caused because of FASD plays a role in problems with the law; avoiding problems with the law; why people with FASD have more problems with the law (9 minutes)
FASD and Justice

Webcast of people with FASD and the justic system; examples of interactions with police and courtroom officials (1.5 hours)
FASD and Criminal Responsibility

Webcast on FASD in the criminal justice system including Not Criminally Responsible (NCR) defense for clients with FASD (2 hours)
Experts on FASD & Criminal Justice

Webinar/presentation on FASD and police and justice system; false confessions, memory problems, repeat offenders, impaired ability to recognize social context and appropriate social behavior (5 minutes)