Fetal alcohol spectrum disorder sufferers face an increased risk of incarceration.

New crime legislation proposed by Stephen Harper's Conservative government threatens to increase prison rates for Canada's largest population of developmentally disabled citizens. Fetal alcohol spectrum disorders, also known as FASD, are the leading cause of developmental disabilities in Canada -- and sufferers often end up in jail.

The Harper government intends to pass American-style crime legislation to crack down on serious crime. It is debatable whether these tough new measures will bring about a reduction in rates for the most serious crimes.

However, it is likely that more individuals, particularly youths, with FASD will be incarcerated with dangerous criminals in institutions that are ill-equipped to provide the protection, treatment and support they need.

Individuals affected by FASD are often homeless, marginalized and considered some of the most vulnerable people in society. The Public Health Agency of Canada estimates 300,000 Canadians are affected by FASD. Despite high prevalence rates, FASD is often a hidden disability; impairments associated with the condition are not readily visible to others. Individuals frequently have a variety of learning disabilities, cognitive impairments and behavioural disorders resulting in increased risk for conflict with the law.

Although there are currently no reliable measures for estimating the number of FASD sufferers in the prison system, research suggests 60 per cent of adolescents and adults with FASD experience trouble with the law and 50 per cent have been incarcerated for a crime. Additionally over 90 per cent of individuals with FASD suffer from disabilities such as mental-health disorders and drug and alcohol addiction.

Once in the prison system, challenges experienced by people with FASD such as difficulty understanding consequences, difficulty with abstract concepts (time management and perceiving social cues), poor impulse control, and inappropriate sexual behaviour may result in these individuals being manipulated and victimized.

It is the ethical responsibility of government and society to protect the most vulnerable citizens. Individuals with FASD often thrive in environments that are highly structured and predictable. They benefit from appropriate family and community support.

Despite the rules and structure inherent in prisons, the aggressive nature of the social environment makes it unsuitable for people with FASD.

Alternatives to prisons should include community-based facilities, incorporating the benefits of structure into life-skills programs while monitoring residents' behaviour to ensure the safety of community members.

Canada has distinguished itself as a world leader in developing progressive practices to care for disabled and marginalized people. If we are to continue demonstrating leadership as a socially just society, we must work toward developing innovative strategies and "thinking outside the box" to ensure our most vulnerable citizens are not swept off the streets with the most dangerous criminals.

Cathy Heidema, a former caregiver for the Ministry of Children and Family Development for 12 years, is a fourth-year nursing student at North Island College with an interest in developing community support for individuals with developmental disabilities.



© Times Colonist (Victoria) 2008