Three Realities and Ten Takeaways: Understanding FASD in the Justice System

By Shafagh Malek, Legal Aid Saskatchewan Staff Lawyer

It is obvious that in many instances, we are shaped by things we never chose. Our mother’s mental health, her diet, the environment she lived in, her trauma, and even her physical strength during pregnancy can influence our entire lives.

We do not live in an ideal world, and our mothers did not live in a utopia either. So, the idea of a couple carefully planning a pregnancy a year in advance often does not reflect reality. In Canada, statistics show that about 60 percent of pregnancies are unplanned.

Another piece of reality is that alcohol consumption is deeply woven into our lifestyle. To see this, just ask yourself: when was the last time you had a beer or a glass of wine with a friend? Probably not long ago.

From the collision of these three realities, the influence of maternal health on fetal development, the prevalence of unplanned pregnancies, and the normalization of alcohol use, we face a phenomenon known as Fetal Alcohol Spectrum Disorder (FASD).

For far too long, this condition went unrecognized. Such an evident and common disorder was neglected, and the question becomes: who paid the price? Children affected by this syndrome, their families, and society.

Like any trauma, FASD intensifies when combined with social inequality, marginalization, discrimination, and poverty. For those of us working in legal aid and serving clients who are disproportionately affected by these conditions, it becomes essential to understand FASD in a deeper and more contextual way.

These are my ten key takeaways from the seminar held by the FASD Network of Saskatchewan on February 13, 2026:

1. You are already dealing with them: As a legal aid criminal defence lawyer, it is highly likely that a significant percentage of my clients are affected by FASD, whether diagnosed or not.
2. They struggle with remembering dates and appointments: For someone with FASD, following instructions, meeting deadlines, or remembering court dates can be genuinely difficult.
3. They fill in the gaps, they are not lying: Confabulation is common. They are not intentionally misleading; they are trying to make sense of missing pieces when asked to recount events.
4. They have difficulty complying with conditions: Adaptive functioning challenges make it hard for them to follow probation orders, CSO conditions, or undertakings.
5. Dysmaturity matters: Their developmental abilities do not match their physical age. As a result, concepts like deterrence or denunciation may not resonate with them the way the justice system expects.
6. Choice of words is crucial: When working with clients affected by FASD, avoid legal jargon and complicated language.
7. There are no reliable physical signs: Identifying possible FASD requires exploring a client’s life history, not relying on appearance.
8. Do not assume literacy: Always confirm whether your client can read and write. Never take it for granted.
9. Unbiased your mind: Drinking alcohol during pregnancy can happen to many women. If it could happen to you or someone close to you, it shows how widespread and human this issue is.
10. Support exists: The FASD Network of Saskatchewan aids. You do not need certainty that your client is affected. Even a small possibility is enough for them to benefit from support.

And finally, if you are wondering about the range of services they offer, visit their website: www.saskfasdnetwork.ca