The “Complex Issue” Series: FASD and Crime

Fetal Alcohol Spectrum Disorder and the Safe Streets and Communities Act – Part One
The Waterloo Region Crime Prevention Council  is an organization with links to several community agencies interested in creating a safer community. Its mandate is to develop and encourage a new approach, a ‘smart’ approach to crime prevention and to create more awareness in the community about issues related to crime prevention. The proposed “Safe Streets and Communities Act” has generated much discussion among Council members. As a guest blogger here on Smart on Crime, I’ve had the opportunity to attend various meetings and events to learn about the impending legislation and its consequences for our communities.

One of the major disadvantages of the proposed Act is its failure to look at mitigating factors for crime, as opposed to only ‘aggravating’ factors. Mitigating factors can include any number of issues, from addiction, poverty, lack of educational achievement, poor impulse control or a range of mental illnesses that act as barriers for a person fully appreciating the nature of their behaviour and how it contributes to impinging on the rights of others. We can see this in several ways but, for example, we are now becoming more aware of the number of people with FASD (Fetal Alcohol Spectrum Disorder) who either commit crime or are victims of it. On behalf of the Crime Prevention Council, I attended a recent forum on FASD presented by KidsAbility’s Centre of Excellence   The audience was primarily educators and social work professionals (you can see highlights of the forum by going to their website) though there were others of us in the audience who were curious about possible connections between those with the disorder and the justice system.

FASD is an umbrella term and can include other disorders on the spectrum such as Alcohol Related Neuro-Developmental Disorder (ARDN), Alcohol Related Behavioural Disorder (ARBD), partial FAS (pFAS) and others. FASD is permanent brain damage related directly to alcohol use during pregnancy and is characterized in those with no concept of right vs wrong, no sense of consequences, impulsivity, poor judgment, difficulties in school (often suspended, expelled or early school leavers), socially inappropriate behaviours and trouble with the law. We know it is caused by alcohol use during pregnancy, particularly in the early stages. We also know that no amount of alcohol use during pregnancy is safe. None.

FASD is difficult to diagnose and, while it is believed that many in the corrections system in Canada have the disorder, diagnosed cases are underrepresented in the prison population. Full FASD comes with certain physical characteristics so it may be a little easier to spot. However, there are those with pFAS whose facial features do not give any external clue that they may be operating somewhere on the spectrum. Because of this our initial reaction to them and their behaviours is the same as we might have towards those who are not affected by FASD. This is not unknown in the education system as well.

As a secondary school principal I often dealt with students who were repeatedly brought to my attention for being late (no concept of time), inappropriate behaviour (no sense of time, place and personal space), theft and swearing, failure to follow class rules and so on. Almost like the movie “Groundhog Day”, I could see these students every day for the same behaviours because their neural brain damage was such that they would repeat the same behaviours over and over again. There was very little or no remorse or new learning. Our simple solution, borne from legal requirements as well as a lack of alternatives, would be repeat suspensions. On the face of it they just seemed non-compliant.  Upon reflection, I think that many of these students likely had partial FAS. They bore none of the physical characteristics ascribed to those with full FAS. Not only that, because there is a high degree of co-morbidity with FAS many students on the spectrum may also have had Conduct Disorder (CD), Pervasive Developmental Disorder (PDD), Oppositional Defiant Disorder (ODD), Autism Spectrum Disorder (ASD) and so on. FASD would not be the first thought I would have in seeing one of these students.

At the KidsAbility Forum I learned it should have been more on my radar than it was. It’s interesting that some students on the spectrum actually have high IQ’s but can’t process information correctly. More simply, what goes in and is then processed, does not match what should come out as a product. This only adds to the frustration they feel in regular classrooms. They have real problems with transitioning from one situation to another because they have such a hard time with change.  School staff have had little to no training in working with students with FASD and most boards don’t have the number of Social Workers and Psychologists needed to support interventions for these kids. That’s just the financial reality. Plus, because their behaviours could be any one of a menu of “alphabet” disorders, it’s hard to get a good handle on them. There’s a caution here too:  we don’t want to fall victim to assuming students demonstrating these behaviours are all on the FA spectrum. That’s reminiscent of the old saying that “If your only tool is a hammer, then every problem is a nail”. Educators need more support and training in working with these kids to help them navigate a pretty tough system and to differentiate students presenting with learning issues so that we can, in turn, differentiate the learning process for them.

Now, put on your crime prevention hat and look at the population I’ve just described. Impulsivity, lack of control, no appreciation of consequences, lacking remorse etc.  Do they not seem like those who populate our court system? A chart created and adapted by Mary Cunningham, one of the speakers at the KidsAbility Forum, links typical FASD behaviours with possible implications for those caught in the justice system. Given Bill C-10 and its failure to recognize the role mental health plays in the commission of a crime, what can this population expect except incarceration? Though Crowns, Defence, judges and correction officers do their best to recommend consideration and treatment, without a solid diagnosis and available interventions, these men and women will be released only to fall back into the corrections net. Because of the neural impairment connected to FASD, there is a greater likelihood people on the spectrum can be more easily led into crime, can be more easily induced to make confessions to crimes they didn’t commit  and be inaccurate in making a witness statement. This only adds to their victimization. With the harsher sentencing under the proposed legislation and a blind eye to mitigating circumstances, we will have a problem on our hands. We will have compounded a mental health problem with a legal one.

There is a fear that  Bill C-10 reduces the current flexibility in making sentencing decisions that take into account the neural damage FASD creates.  For those looking to learn more about the relationship between FASD and the justice system I’d suggest reading a study by Dr. Julianne Conry, “Interrelationships among Mental Health, Substance Abuse and Cognition in Youth with FASD in the Justice System” as it provides an instructive look at this very serious issue.

Stay tuned for Part Two, tomorrow.

Author: Frank Johnson is a regular guest writer for Smart on Crime in Waterloo Region. Frank is a retired principal with the local Catholic school board, a dad, and sometimes runner who possesses an irreverent sense of humour that periodically gets him in trouble. He lives in Waterloo, Ontario.

Frank Johnson’s writing reflects his own opinions and do not necessarily reflect the views or official positions of the Crime Prevention Council.