Yukon – Access to Justice for Individuals with FASD Research Project Report

FASD AND ACCESS TO JUSTICE IN THE YUKON

Submitted to:
Yukon Department of Justice

Submitted by:
Canadian Research Institute for Law and the Family

EXECUTIVE SUMMARY

Background
Fetal Alcohol Spectrum Disorder (FASD) is an umbrella term that refers to a range of life-long physical, neuropsychological, cognitive, and behavioural impairments that result from prenatal exposure to alcohol. In recent years there has been growing recognition that individuals with FASD experience difficulties functioning in their communities, and more specifically, within the justice system. Few studies, however, have focused on issues related to access to justice, and whether the justice system is adequately meeting the needs of individuals with FASD.Purpose of the Project

The purpose of this project was to examine access to justice issues as they relate to FASD, with particular emphasis on these issues in Yukon communities. The overall goal of this project was “to document the types of barriers that confront these individuals and to make recommendations for how to address them.” The project addressed the following research questions:

(1) What is the current state of Canadian literature on access to justice?

(2) What national and international literature is available on access to justice in the context of FASD and other relevant conditions of limited cognitive capacity?

(3) What is the level of knowledge of FASD among service providers and relevant professionals in the Yukon, including justice system personnel, social service workers, health care workers, and community agents?

(4) What barriers to access to justice have been identified by professionals working in the area, by individuals with FASD and their families?

(5) What strategies and programs have been developed in the Yukon to deal with access to justice issues among the FASD population?

(6) What additional resources are required to address the problem?

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