Fetal Alcohol Spectrum Disorder and the Courts: a Failure of Access to Real Justice for People with Severe Disabilities

The Research Group in Health and Law welcomes the Honourable Ian Binnie, who will speak on the legal prejudices faced by sufferers of FASD.

Abstract

Fetal Alcohol Spectrum Disorder (FASD) covers a range of disabilities caused by pre-natal exposure to alcohol. Its effects can include severe cognitive and behavioural deficits that surface not only in criminal proceedings but every judicial context from custody disputes to welfare and guardianship. FASD often manifests itself in the inability of victims to organize their lives, control their actions and learn from bad outcomes. Often associated in the media with some aboriginal populations, FASD is in fact estimated to affect 2% to 5% of all newborns in Europe and North America. Much more could be done to alleviate the legal prejudice created by this disability.

The speaker

The Honourable Ian Binnie served for nearly 14 years as a Justice of the Supreme Court of Canada, where he authored over 170 opinions, including leading cases in expert evidence, and many aspects of constitutional, criminal and administrative law.

Prior to his judicial appointment, he served as the Deputy Minister of Justice for the Government of Canada and spent many years in private practice, regularly appearing before the Supreme Court on a range of constitutional, civil and criminal matters. Mr. Binnie was appointed a Companion of the Order of Canada in 2012. He has received the CCLA Civil Liberties Award (2013), the Toronto Lawyers Association's Award of Distinction (2012), and the University of Toronto's Distinguished Alumnus Award (2011).

He is currently a Commissioner at the International Commission of Jurists, chairperson at the Internal Justice Council of the United Nations, and counsel at the Toronto firm Lenczner Slaght Royce Smith Griffin. In 2013, Mr. Binnie chaired the Institute of Health Economics’ first-ever Consensus Development Conference on Legal Issues of Fetal Alcohol Spectrum Disorder (FASD).

This seminar is accredited by a recognized provider for 2 hours of continuing legal education for the Barreau du Québec.