FASD, Developmental Disabilities, and a More Inclusive Justice System in Canada
Across British Columbia and Canada, the justice system is slowly changing to better understand and support people with Fetal Alcohol Spectrum Disorder (FASD) and other developmental disabilities. This shift is focused on one main idea: people should be treated fairly based on their needs, not just their behavior.
In recent years, more attention has been given to how people with FASD and developmental disabilities interact with police, courts, and corrections. Many individuals in this group may experience challenges with memory, communication, understanding consequences, impulse control, or managing stress in high-pressure situations. Without proper supports, these challenges can sometimes lead to misunderstandings with the justice system.
Because of this, organizations, researchers, and justice professionals are encouraging more training for police and frontline workers. This training helps officers better recognize when someone may have a disability-related need and adjust how they respond.
Some of the approaches being promoted include:
- Using clear, simple language and giving one instruction at a time
- Allowing extra time for responses and decision-making
- Reducing stress during interactions, such as arrests or questioning
- Avoiding assumptions that someone is being intentionally uncooperative
- Understanding that behaviour may be linked to disability or trauma, not criminal intent
These strategies are part of a wider move toward disability-informed and trauma-informed policing, which is being discussed and developed in different parts of Canada.
Another important change is the growth of diversion programs and community-based supports. Instead of moving every case through the traditional court system, some individuals may be better supported through programs that connect them to housing, mental health supports, disability services, or community supervision. This approach can help reduce repeat involvement in the justice system and focus more on long-term stability.
Even with these improvements, there are still challenges. Training is not the same across all regions, and not every community has equal access to FASD-informed supports. In some cases, people still enter the justice system without having their disability fully understood or identified.
However, the direction is clear: there is a growing recognition that the justice system must be more inclusive. This means building stronger connections between police, health services, disability organizations, and community supports.
For self-advocates, families, and professionals, these changes are important. They represent a shift toward a system that is not only focused on accountability, but also on understanding, fairness, and support.
As awareness continues to grow, the hope is that fewer people with developmental disabilities will end up in crisis situations within the justice system—and more will receive the support they need in their communities.
The Community Networks of Specialized Care are pleased to have been selected to lead a provincial initiative to raise awareness of developmental disabilities in the criminal justice system.
The initiative is in response to a knowledge gap identified by the Inter-Ministerial Mental Health and Justice Committee which is comprised of representatives from the ministries of Community Safety and Correctional Services, Ministry of Health and Long Term Care, Attorney General, Community and Social Services and Children and Youth Services. The project addressed this gap by developing a profile of individuals with developmental disabilities who come into conflict with the law which then informed the development of French and English training videos, webinars and an online tool-kit and resources specifically for professionals working in the justice system (police, corrections, probation and parole officers, crown attorneys, youth justice staff, mental health court workers). The educational materials and tools are based on best practices and were developed in consultation with experts in the field, as well as the Human Services and Justice Committee.
The tool-kit and videos were officially launched in November 2017. The English versions are available below and French versions will be available soon
