FASD and Justice

As Executive Director of ABLE2, I am committed to continuing the conversations on critical issues impacting the disability community. One of the issues that I feel strongly about is fostering understanding and support for individuals with Fetal Alcohol Spectrum Disorder or FASD. 

FASD is a diagnostic term used to describe impacts on the brain and body of individuals exposed to alcohol in the womb. (Canada FASD Research Network) These individuals often face unique challenges, including navigating systems like the criminal justice system. Without appropriate support and early interventions, individuals with FASD are at an increased risk of encountering the justice system— a reality that demands action from leaders across sectors. 

ABLE2, a community leader in FASD support and education, recognizes this two-pronged problem:  diagnosing FASD and the over-representation of people with FASD in the justice system. 

It’s estimated that 4% of Canadians have FASD (Canada FASD Research Network) and while that figure is considered to be low, these numbers are far outweighed in the justice system.  In a study involving 253 individuals with FASD, 60% reported a history of being charged, convicted or in trouble with the authorities and 42% of adults had been incarcerated (Streissguth et al). Youth with FASD are 10 to 19 times more likely to be incarcerated compared to their peers without FASD (Popova et al). These aren’t just numbers; they represent individuals who, due to their disability, may receive inappropriate punishments and are more vulnerable to exploitation within the system.

Early intervention begins with education and identifying the condition early. A Canada FASD Research Network study highlights that early interventions can mitigate behavioural challenges and prevent negative outcomes.  Children who are diagnosed and supported with early interventions are more likely to develop coping strategies, have improved social skills, and succeed in academic and social environments. And by equipping families, caregivers, educators and healthcare professionals involved with the tools necessary for individuals with FASD to thrive, this reduces the likelihood of later involvement with the justice system.  ABLE2’s FARP program works in partnership with CHEO providing programs and services, guidance, and education for medical, legal, and educational professionals. 

ABLE2 is also committed to supporting people with disabilities encountering legal issues, including those with FASD, as they navigate the justice system through its Reach Legal Referral Services (RLRS). RLRS connects individuals with disabilities to legal professionals who understand the complexities of disability-related legal challenges, to ensure they receive fair treatment and appropriate representation. Individuals with FASD can rely on services like RLRS, so they are empowered to advocate for their rights and access the justice they deserve. 

This month, ABLE2 held roundtable discussions with the Ottawa Police Services, legal professionals and several community-based organizations to collaborate, identify challenges, and brainstorm solutions for supporting people with FASD in the community. This ignited a conversation on ways service providers can reduce the justice and legal barriers, highlighting the vital need for training and education on FASD, and appropriate responses and interventions so that individuals with FASD have a fair chance to equitable outcomes. As a community, we must continue working together to build systems and reduce barriers that don’t fail the most vulnerable among us. 

As FASD Awareness Month ends, I want to remind you that Everyone Plays a Part. Understanding and supporting individuals with FASD is not just the responsibility of families or healthcare providers— it’s a community effort to raise awareness, educate ourselves, and foster a compassionate approach. When we all work together, we can create a stronger, healthier, and inclusive society where everyone is seen as able, respected and valued.

Published by

Heather Lacey

Experienced Non-Profit Executive Director

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