Winnipeg Free Press - PRINT EDITION

Fetal alcohol quandary

Not everyone who suffers from fetal alcohol syndrome ends up in jail, but a disproportionate number of victims of fetal alcohol spectrum disorders (FASD) do. And an alarming percentage of them end up in jail over and over again.

That phenomenon and what society can or should do about it was the subject of a conference in Niagara Falls this week. Responding to a Canadian Bar Association report which suggests that fetal alcohol offenders should not be held criminally responsible for their actions, federal Justice Minister Rob Nicholson told lawyers that FASD is "a huge problem to our system." Unfortunately, as he acknowledged, it is a problem that seems to defy solution, at least so far.

FASD can result from a woman consuming alcohol while pregnant. Damage is done to the developing brain of the fetus, resulting in impaired mental functions, including memory and judgment, and a decreased ability to control impulsive behaviour. The seriousness of the disorder can manifest itself to different degrees.

The argument is now being made by Mr. Nicholson and others that perhaps these people should not be held responsible for their crimes because deterrence -- one of the elements in sentencing -- appears to have no effect on them through no fault of their own. Their condition can prevent them from grasping the consequences of their actions.

The bar association is asking for changes to the Criminal Code to "accommodate the disabilities of those with FASD." That would be a useful thing, but unfortunately, no one appears to know how to accommodate them. What does society do with an habitual arsonist or a chronic car thief except jail them?

One thing it can do that researchers believe does work is to spend more money nationally -- Manitoba already spends about $10 million a year on FASD -- on diagnosing the disorder when the children it affects are still young and treatment can have a positive effect on later development. That needs to be done quickly, because until we can "accommodate" the victims of FASD, these children will continue to slip through our fingers and into their jail cells.

Republished from the Winnipeg Free Press print edition August 18, 2010 A10

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