SASKATCHEWAN
Provincial Court

R. v. W.D [2001] S.J. No. 70
http://www.canlii.org/sk/cas/skpc/2001/2001skpc10001.html

FACTS: 13-year-old WD was charged with minor theft and breach of probation and was possibly not fit to stand trial. He was Aboriginal and had been diagnosed with FAS.

HELD: His charges were stayed. This would have been a hearing to determine whether WD was fit to stand trial. He has very limited understanding of the circumstances and society in general. He did not understand simple components of the justice system. For instance, he did not understand the role of a lawyer. He had also been previously convicted and subject to probation orders, but without inquiry into his capacity to make sure he understood what was happening to him. The court noted the need for more education surrounding FAS to prevent a similar situation.