Honouring the Truth Reconciling for the Future

The legacy • 223Call to Action33) We call upon the federal, provincial, and territorial governments to recognize asa high priority the need to address and prevent Fetal Alcohol Spectrum Disorder(fasd), and to develop, in collaboration with Aboriginal people, fasd preventiveprograms that can be delivered in a culturally appropriate manner.It is challenging for courts to deal with offenders with fasd, because obtaining anofficial diagnosis entails a long and costly process of multidisciplinary referrals. Evenif trial judges have been educated about the symptoms of fasd, they are generallyunable to take notice of fasd without evidence of a diagnosis. 147 Clearly, better diagnostictools are needed, accompanied by sufficient resources for intensive communityprograms as realistic alternatives to jail and as support for people living with fasdto avoid repeated conflicts with the law.The recent enactment of mandatory minimum sentences for some offences furthercomplicates the situation of offenders with fasd because it denies judges theflexibility to consider individual circumstances in their sentencing. There is a dangerthat prison will be used unnecessarily as another expensive crisis intervention forAboriginal offenders with fasd, even though culturally appropriate supports in thecommunity could often be a more appropriate approach. 148 As well as amending mandatoryminimum sentencing laws, the federal government can do much more to tailorcorrectional and parole resources to facilitate the reintegration of offenders with fasdinto their communities.Call to Action34) We call upon the governments of Canada, the provinces, and territories toundertake reforms to the criminal justice system to better address the needs ofoffenders with Fetal Alcohol Spectrum Disorder (fasd), including:i. Providing increased community resources and powers for courts to ensurethat fasd is properly diagnosed, and that appropriate community supports arein place for those with fasd.ii. Enacting statutory exemptions from mandatory minimum sentences ofimprisonment for offenders affected by fasd.iii. Providing community, correctional, and parole resources to maximize theability of people with fasd to live in the community.iv. Adopting appropriate evaluation mechanisms to measure the effectiveness ofsuch programs and ensure community safety.