Severe FASD has been recognized at least since the 1993 case of R. v. TJ (see [1999] YJ No. 57) as a ‘disease of the mind’ capable of bringing an individual within the mental disorder provisions of the Criminal Code.

BC jurisprudence suggests that specific FASD assessments cannot be ordered pursuant to the Criminal Code, but one Nunavut court has found that they may be ordered under the YCJA. The BCCA has also recognized the barriers to getting assessments.

Below is a list of cases: