Legal Issues of Fetal Alcohol Spectrum Disorder
Legal Issues: Presentations
8:45 – 10:25
QUESTION 1: What are the implications of FASD for the legal system?
a) An overview of FASD and its general implications
- An Introduction to FASD
Sterling Clarren, CEO and Scientific Director, Canada Northwest FASD Research Network; Clinical Professor of Pediatrics; Faculty of Medicine, University of British Columbia; Clinical Professor of Pediatrics, School of Medicine, University of Washington
- Prenatal alcohol exposure and abnormal brain development
Kathy Sulik, Professor of Cell Biology and Physiology; Member of the Bowles Center for Alcohol Studies, University of North Carolina, Chapel Hill, NC, USA
- Can FASD be imaged?
Sarah Treit, Centre for Neuroscience, University of Alberta
- Characteristics of FASD
Carmen Rasmussen, Assistant Professor, Department of Pediatrics, University of Alberta; Research Affiliate, Glenrose Rehabilitation Hospital, Edmonton
10:45 – 12:15
b) Legal Implications of FASD
- Prevalence of FASD in the legal system
Patricia MacPherson, Senior Research Manager, Correctional Service of Canada
- Socio-Economic implications of FASD
Philip Jacobs, Professor of Health Economics, Faculty of Medicine, University of Alberta; Director of Research Collaborations, IHE
- Legal perspectives of FASD
Fia Jampolsky, Chair, Yukon Human Rights Commission; Lawyer, Cabott and Cabott, Whitehorse
- Question & Answer 1
13:00 – 14:30
- Potential impact, benefits and burdens of an FASD screening program in the corrections system
Larry Burd, Professor, Department of Pediatrics, University of North Dakota School of Medicine; Director of the North Dakota Fetal Alcohol Syndrome Center and PAS Clinic
- Review of current models for assessment and screening of FASD in the youth justice system
Ab Chudley, Professor, Department of Pediatrics, University of Manitoba; Medical Director, Winnipeg Regional Health Authority Program in Genetics and Metabolism
- Building effective connections between courts and diagnostic clinics
Julianne Conry, Asante Centre, Maple Ridge, BC.; previously, Department of Educational and Counselling Psychology and Special Education, University of British Columbia
- Question & Answer 2
14:50 - 17:00
- At what points in the criminal justice process is an individual with FASD most vulnerable?
Patricia Yuzwenko, Associate Senior Counsel, Youth Criminal Defence Office, Edmonton, Alberta
- How could an understanding of needs in FASD shape sentencing responses within the criminal justice system?
Jacqueline Pei, Assistant Professor, Department of Educational Psychology; Assistant Clinical Professor, Department of Pediatrics, University of Alberta
- The effect of FASD on the reliability of confessions and the giving of testimony
Kaitlyn McLachlan, Clinical psychology, forensic specialization, Postdoctoral fellow, Department of Pediatrics, University of Alberta
- Policy and legal recommendations to the understanding of FASD, its challenges and potential solutions
William Edwards, Deputy Public Defender, Los Angeles County Public Defender's Office
- FASD and the modern sentencing theory debate; a path to criminal code reforms
Allan Manson, Professor, Faculty of Law, Queen's University, Kingston, Ontario
9:05 – 10:40
QUESTION 3 continued
- Considerations in making effective sentences for persons with FASD
The Honourable Judge Sheila Whelan, Provincial Court of Saskatchewan
- Legislative impediments to judicial consideration of moral blameworthiness in sentencing offenders with FASD
Jonathan Rudin, Program Director, Aboriginal Legal Services of Toronto; Chair, FASD Justice Committee
- How can a youth criminal defence advocacy model assist young people with FASD navigate the justice system
Cathy Lane Goodfellow, Acting Senior Counsel, Youth Criminal Defence Office "Correction: the cost of the program is $3.9 million/year for the two cities."
- Question & Answer 3
11:00 – 12:45
QUESTION 4: How can family courts and the family/child welfare legal system address the specific needs of people with FASD?
- Working with parents with FASD in family and child welfare matters
Lydia Bubel, Lawyer, Family Law Office, Alberta Legal Aid
- What specific characteristics of FASD need to be taken into account in family court and in the child welfare system?
- Donna Debolt, Social Work Consultant, Edmonton, Alberta
- Gail Andrew, Board Member, Canada FASD Research Network; Medical Site Lead, Pediatrics; Medical Director, FASD Clinical Services; Pediatric Consultant, Glenrose Rehabilitation Hospital
- Donna Debolt, Social Work Consultant, Edmonton, Alberta
- How can children with FASD be best supported in foster care or other placements?
Corey La Berge, Deputy Children's Advocate, Manitoba Legislative Assembly
13:30 - 15:05
QUESTION 5: What are best practices for guardianship, trusteeship and social support in a legal context?
- Broadening guardianship and lowering barriers to service eligibility; protective arrangements for people with FASD
Stephen Greenspan, Emeritus Professor of Educational Psychology, University of Connecticut; Clinical Professor of Psychiatry, University of Colorado
- Clinical and ethical issues within capacity assessment of people with FASD
Arlin Pachet, Clinical Neuropsychologist, Adjunct Assistant Professor, Department of Psychology, University of Calgary
- Views from a Public Guardian's perspective
Barb Martini, Director, Office of the Public Guardian
15:25 - 16:45
QUESTION 6: What legal measures are there in different jurisdictions to contribute to the prevention of FASD, and what are the ethical and economic implications of these measures?
- Legal measures to contribute to prevention of FASD, effectiveness and ethical issues
Nancy Poole, Director, Research and Knowledge Transition, British Columbia Centre of Excellence for Womans Health; Research Consultant, Woman and Substance Use Issues, British Columbia Womans Hospital
- Legal and ethical aspects of meconium testing to identify alcohol use during pregnancy
Gideon Koren, Director, The Motherisk Program, The Hospital for Sick Children; Professor of Pediatrics, Pharmacology, Pharmacy and Medical Genetics, University of Toronto; Professor of Medicine, Pediatrics and Physiology/ Pharmacology; Ivey Chair in Molecular Toxicology, University of Western Ontario; Scientific Chair, CFFAR
9:00 – 12:00
- Reading of the consensus statement
Jury Chair: The Honourable Ian Binnie C.C., Q.C.
Please note that the reading of the Consensus Statement by The Honourable Ian Binnie is a working draft; to view the final draft please click here: Consensus Statement on Legal Issues of Fetal Alcohol Spectrum Disorder (FASD)
- Responses from the speakers
- Responses from the audience
- Concluding remarks from the jury
- Myles Himmelreich, Motivational Speaker