Comments and Recommendations re. Bill C235

1. Comments and Recommendations re. Bill C-235
Criminal Code
1 Section 2 of the Criminal Code is amended by
adding the following in alphabetical order:
fetal alcohol disorder refers to any neurodevelopmental
disorder that is associated with prenatal alcohol exposure
— the spectrum of these disorders being commonly
known as fetal alcohol spectrum disorder (FASD) — and
that is characterized by permanent organic brain injury 10
and central nervous system damage that result in a
pattern
of permanent birth defects, the symptoms of which
include
(a) impaired mental functioning,
(b) poor executive functioning,
(c) memory problems,
(d) impaired judgment,
(e) impaired ability to control impulse behaviour, and
(f) impaired ability to understand the consequences of
one’s actions; (troubles causés par l’alcoolisation
foetale)
Comment
As it is there is a mixture of colloquial and professional terms.
This can create confusion in court.
These are not “symptoms”. Symptoms means merely the overt
manifestations of the condition.
It is important that as much ambiguity as possible be avoided.

2. [a] – “mental functioning” is a broad term that is open to various
interpretations.
{b] – “poor” is colloquial and subjective
[d] – There is no judgment domain of brain function. Rather,
impaired judgment is the consequence of impaired executive
functioning etc.
[e]- There is no impulse domain of brain function.
[f]- This is a key, complex issue. In actual fact those with FASD
can often relate the consequences of a criminal act based upon their
previous experience yet continue to repeat the act. So they can
often understand the consequences of their action, at least in
simple terms, but are not able to use/recall that knowledge at the
time of the criminal act. The neurological mechanism of this
phenomena remains to be clarified. [please see attached]
Recommendations
- include “all domains of brain function” in the preamble.
- Replace “symptoms” with “the consequences”.
- Exclude “impaired mental functioning”
- Replace “ poor executive functioning” with “ impaired
executive and adaptive functioning”
- Exclude “impaired judgment”
- Exclude “impaired ability to control impulse behavior”
- Exclude “impaired ability to understand the consequences of
- one’s actions”
-
Final Recommendation
Bill C- 235
1. Section 2 of the Criminal Code is amended by adding the
following in alphabetical order:
“ fetal alcohol spectrum disorder” or “ FASD” refers to any

3. neurodevelopmental disorder that is associated with prenatal
alcohol exposure, and that is characterized by permanent organic
brain injury and central nervous system damage that result in a
pattern of permanent birth defects, the neurological consequences
may include impairment of all domains of brain functioning
including –
a – deficiencies of cognition and learning.
b - poor adaptive and executive functioning
c – memory deficiencies
d- information processing deficiencies
These impaired domains of brain function result in
- impaired judgment, impulse behavior, and impaired ability to
understand the consequences of one’s actions or difficulties
applying passed experience to modify behaviour in the present.
PART XX.01
Assessment Order
The definition of “assessment” needs to be clarified.
If it means diagnosis then only those licensed by the College of
Physicians and Surgeons can make the “assessment” This excludes
psychologists.
If assessment means the neuropsychological assessments that are
required in order to make the diagnosis then that would include
psychologists.
If assessment means diagnosis, as I think is your intent, then the
consequences of 672.01 “qualified person” would surely have to
require a change in the provincial act that governs the practice of
medicine.

4. 4 Section 731 of the Act is amended by adding the
following after subsection (2):
External support plan
(3) Where an offender has been determined to suffer from
a fetal alcohol disorder following an assessment referred to
in section 672.02, the court shall prescribe, as a condition
of the probation order, that the offender comply with an
external support plan established for him or her by a
probation officer that includes any components that the
probation officer considers necessary to ensure that the
offender has the necessary support to facilitate 35
his or her successful reintegration into society.
Comment and Recommendations
“that the offender comply”
While a plan is required, it has to be acknowledged that as
consequence of the neurodevelopmental disabilities of FASD the
individual will have great difficulty in keeping to the conditions of
probation.
In my experience, the most common reason for re-conviction can
be related to failure to maintain conditions of probation.
This needs to be acknowledged in some way in Bill C-235
Respectfully submitted.
Barry Stanley MB ChB. F.R.C.S.[C]
16th
March, 2017