Understanding FAS and Gladue
By Faith Favel, LAS Rural and Regional Legal Externship Student
The FASD and Gladue Report training was an incredibly valuable experience for me. As a student, FASD was not something that had been meaningfully emphasized in my current legal education, nor is it widely discussed in law school despite its prevalence in the justice system. When I mentioned to classmates that I was attending the training, a couple asked what FASD even stood for – an indication of how little attention this issue receives.
Within my first few weeks at Legal Aid, I realized this was an area where I needed to deepen my understanding, which led me to seek out the training. I truly cannot say enough positive things about it.
Shana Mohr’s presentation was particularly impactful. She spoke candidly about her firsthand experience parenting a daughter with FASD, offering insight into what daily life looks like beyond the criminal justice context. Hearing this perspective helped me understand how quickly and repeatedly individuals with FASD, and without support, can become entangled in the justice system. One point that resonated deeply was her discussion about language and comprehension. Shana explained that her daughter will often nod and agree even when she does not fully understand what is being said, simply because she does not know how else to respond. To ensure understanding, Shana must slow down, simplify and break information into manageable pieces.
This has significant implications for legal practice. For example, when reviewing bail conditions with a client, do we ensure they truly understand what a 7:00 pm curfew entails? Do they understand that they must be inside their residence by 7:00 pm, not a residence and not on their way home? Are we considering potential challenges with time management or executive functioning that could result in an unintentional breach? The training reinforced for me how critical clear, accessible language is. It would be incredibly frustrating – and unjust – for someone to face repeated legal consequences simply because they do not fully understand their obligations or lack the cognitive capacity to foresee the consequences of their actions.
Jody Oakes was also an exceptional speaker. Her deep personal reflections and professional insights made the training especially powerful. Hearing about the lived realities of the individuals she works with, and how Gladue principles are applied in practice, is something I will carry with me throughout my career. One aspect that stood out was her discussion of the challenges involved in gathering information for Gladue reports, particularly the risk of re-traumatizing individuals when they are asked to revisit painful experiences.
Jody emphasized the importance of approaching this process with care and respect. Rather than assuming how someone should engage with difficult material, she suggested offering choice in a way that preserves dignity – for example, asking whether they would like support reviewing certain information or prefer to go through it independently. This approach avoids dehumanizing or infantilizing while still ensuring meaningful understanding. I found this to be an incredibly practical and compassionate strategy.
Overall, the training was both eye-opening and formative. It deepened my understanding of FASD and Gladue reports, highlighted gaps in my legal education, and provided tools for advocacy.
