Posted on: November 24th, 2011 by Waterloo Region Crime Prevention Council
Fetal Alcohol Spectrum Disorder and the Safe Streets and Communities Act – Part Two
While The Safe Streets and Communities Act may tie together disparate pieces of legislation the government could not pass when it was in the minority, it does little to proactively support prevention through increased “front end” support for mental health services, choosing instead to “back end” this by increased incarceration. It’s interesting that parallels exist between education systems and the criminal justice system, and not just because many students see school as a form of jail. No, where they are similar is in the belief, backed by years of research, that the more proactive services put into place, at the earliest possible time, the greater the benefit. The Toronto Star has reported on a study known as “Early Years Study 3” authored by Dr. Fraser Mustard, Kerry McQuaig and Margaret Norrie McCain where the case is made for starting school at the age of two. Why? Because the sooner support is provided, the more successful we are at addressing social and mental health barriers. In the case of Bill C-10, if amendments could be made that would increase government investment in providing support early on, not only with those with FASD, but with other mental health concerns, the costs of having to address these issues later, when it is much more difficult and costlier, will be reduced.
In a recent Juristat Article on Police-reported crime statistics in Canada, 2010, it is reported that these types of very serious crimes have declined substantially. If the intent of “The Safe Streets and Communities Act” is to reduce crimes of this nature, its work is already done. And done, by and large, by recognizing the complexity of motive and opportunity, as well as mitigating factors that Bill C-10 ignores. Few people would argue that there are some individuals who need to be incarcerated. Murderers, serial killers, terrorists, those who kill police while in commission of a crime, those who kill corrections officers while incarcerated, pedophiles whose crime and behaviours put children at continued risk easily come to mind. These are the easy ones and we could likely argue about other crimes for which jail time might not be the best consequence. What we don’t see reflected much, if at all, in the proposed legislation is an appreciation of the difference between the actus reas (the criminal act) versus mens rea (premeditation) and how mental illness, poverty, addiction and, more specifically, FASD impair decision making prior to the crime itself. The unintended consequence is that, without preventative measures that address the root causes of crime, we won’t be able to differentiate and provide appropriate interventions and consequences such that recidivism isn’t guaranteed as soon as the person is released. And, by and large, they will be released having learned lessons in prison that don’t include the ability to make a smarter decision next time the opportunity for crime presents itself.
My background in education causes me to come at this problem from an alternative frame of reference. For example, teachers use ‘differentiated education’ because they recognize that not all students learn in the same way. Some students are able to understand abstractions while others learn better through ‘real world’ applications. Some can see the picture in their minds whereas others have to see a model to understand the concept. In other words, education has to start where the student is at. Increased graduation rates have come about because schools have recognized that one approach won’t work for everyone. Should this any different from criminal justice? Can a ‘one size fits all’ model like that of Bill C-10 work? While crime victims may want retribution, do they really want the criminal to come out more damaged, more able to do harm to others? I doubt it. We shouldn’t hope for institutions to solve problems created at the human level. How can we be ‘smart on crime’ if we dismiss what common sense (as well as reams of research) tells us?
Where does this leave us? We have some obvious decisions to make. We need to continue to educate young people about the risks of alcohol use, particularly during pregnancy. There is no safe amount of alcohol use during pregnancy. There just isn’t. We could call this initiative RIPE (Reduce Impaired Pregnancy Everywhere) if we were terrible at marketing. But, we do need to develop a higher awareness among educators (and all who work with youth) about FASD and create more timely interventions and support. Collaborative partnerships between school boards, police, agencies, Crowns and Corrections could help identify the extent of the issue and determine effective interventions. Additional qualification courses at Faculties of Education as well as Police Foundation courses at community colleges could help inform and instruct their students about the issues. Advocacy and awareness about FASD with governments at all levels is necessary for financial support for collaboration, research and programs.
We can’t ignore what we know about the relationship between mental health and criminal behaviour. We have to work to see that people in need get the help they deserve. It is not only more economical in the long run, it appeals to our “better angels”. Lastly, and here’s the kicker… when Mark Kelly and Gabby Giffords were interviewed recently by Diane Sawyer on 20/20 about the shooting in Arizona, Mr. Kelly said this about the accused: “If he received the help he needed, this probably wouldn’t have happened”.
What more needs be said?
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.
Posted on: November 23rd, 2011 by Waterloo Region Crime Prevention Council
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.
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.
Whatever stereotypes you might have about youth and drugs and alcohol…… just put them aside for the moment. Youth, like any other group in our community, are affected by drugs and alcohol. While many will experiment with this or that drug and drinking, still more are motivated to use because of physical and/or emotional pain until it becomes a problem. How to help? How to intervene? How to prevent?
One of the best ways to better understand and address the issues and challenges facing youth and substance use is to learn from them.
SubArtSpaceis a youth art and theatre based project for exploring the youth experience and perspective on substance use. Working with the world renowned MT Space and other local artists, a group of youth committed to expressing themselves through their art will face their stories head on in an evening of theatre, music, dance, poetry, photography and visual art. A single story cannot capture each youth’s experience.
This innovative event is for anyone who wishes to immerse themselves in the some of the realities of growing up today- and emerge with a fresh perspective and understanding.
When: Monday November 28, 2011
Where: Kitchener Waterloo Collegiate Institute, 787 King Street West, Kitchener
Time: 7:00pm – 9:00pm
When: Tuesday December 6, 2011
Where: Queen Street Commons, 43 Queen Street South, Kitchener
Time: 7:00 – 9:00pm
**this performance is paired with several films from the final night of “In The Mind’s Eye Film + Forum”.
Toronto policeman, Constable Scott Mills, also known as “GraffitiBMXCop” on Twitter, gets creative about graffiti. His idea…? Why not find legal ways for graffiti artists to work. Art, mentoring, positive interactions with police and local business all work to reduce the ‘revolving door’ for many youth.
Constable Mills also maintains a Youtube channel, LegalGraffitiArt, which has more than 300 uploads of legal graffiti projects.
From the Globe and Mail newspaper column “Things that work”
Judge Jimmie Edwards of St. Louis, Missouri delivers this Tedx talk, tying together smart on crime, youth and chess. His accompanying slide presentation can be found here.
Preventing crime at the roots… with education. Awesome.
