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Judge laments lack of help
for offenders with FASD Suggests defence lawyers become advocates for clients who are struggling with conditions
Miranda Scotland
Northern News Services
Published Saturday, September 7, 2013
NUNAVUT
In Nunavut, a territory where the government has ignored the needs of residents suffering from FASD, defence attorneys must become advocates for the disadvantaged and marginalized, stated Justice Robert Kilpatrick in a recent judgment.
Mentally ill offenders who are unable to get help prior to sentencing are housed in the 18-bed Katak Unit at the Baffin Correctional Centre, according to Justice Robert Kilpatrick. - NNSL file photo
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Groups of Nunavummiut are struggling without support, he stated, and as a result they're getting swept into the criminal justice system.
Defence counsel should be suggesting sentencing alternatives to custody and ensuring offender's with special needs receive the help they need, added Kilpatrick.
"It falls to the legal profession to lobby the government for the funds and resources necessary to make such sentencing alternatives viable in Nunavut.
"When it comes to remedial services and programs, there is no room for complacency -- there is no place for resignation or acceptance in a territory struggling with substance abuse of epidemic proportions," Kilpatrick wrote in his recent decision on a case involving an offender who has FASD.
The judge's statement was released less than a week before FASD Awareness Day.
Kilpatrick found Peter Joamie guilty of sexually assaulting a 24-year-old female at a house party on Jan. 16, 2010.
The victim, who can't be named, had passed out on a couch after drinking too much when Joamie chose to take advantage of her.
He had pulled down his pants as well as hers, rolled on a condom and was getting on top of her when two woman entered the room and stopped him.
An intoxicated Joamie was later arrested.
He plead guilty to the crime but not before electing a trial by judge and jury and requesting a preliminary inquiry.
In his decision, Kilpatrick noted that Joamie had been born into a violent and abusive home prior to being adopted by a caring family when he was one month old.
The 23-year-old offender struggled with school growing up.
When he was four years old it was determined he was suffering from FASD, which is an umbrella term for a range of physical, mental, behavioral and learning disabilities caused by a mother consuming alcohol while her child is in the womb.
There are currently no programs or services for residents in Nunavut who suffer from FASD, according to evidence from the territorial manager of community wellness given during the proceedings.
Instead the Health Department focuses entirely on prevention and community awareness.
There are no structured facilities for those who need help and, in 2011, the territorial position for FASD co-ordinator was eliminated.
Also, despite the widespread issue of alcohol abuse in Nunavut, the territory has no residential treatment facility or detoxification centre, the judge noted.
"Month after month, year after year, police drunk tanks grow busier. The special needs assistants and teachers in Nunavut's schools struggle to deal with damaged children and the behavioral disorders associated with this," stated Kilpatrick.
"The Baffin Correctional Centre's 18-bed Katak Unit is fast becoming a warehouse for the mentally ill, for those suffering from FASD, and for those who are otherwise vulnerable and needing protection."
And it will continue until supports are put in place, he added, saying in the meantime members of the legal profession must step up and be the voice for those who don't have one.
Defense counsel had requested a community based sentence in light of Joamie's FASD diagnosis.
However, defence attorney Scott Weildon did not provide forensic evidence detailing the specifics of his client's condition, despite the court giving time to acquire such evidence.
Nonetheless, the Crown requested a sentence of one year to 13 months, which Kilpatrick characterized as "very generous."
Those found guilty of an indictable offense can face a period of imprisonment of up to 10 years.
"This is the first case in Nunavut to formally address the sentencing principles associated with the FASD offender. In the unique circumstances of this case, the court will not exceed the range recommended by the Crown," stated Kilpatrick before sentencing Joamie to one year in custody followed by a year of probation.
Under the order, Joamie must live with his adoptive mother and have no contact or communication with the victim.
Joamie's name will also be entered in the sex offender registry for 20 years.
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