In my previous life as a police officer the challenge that always existed was that we would identify someone we knew had significant issues, whether it be FASD or anything else down the line, but it was not the responsibility of the police to be the social worker. We would hand that off to, hopefully, the appropriate agency. The challenge is that you would continually run into the same person, and it becomes frustrating for all agencies because you recognize that person needs help, but no one knows where to go.
It's interesting, Mr. Sapers, in your comments you may have hit the nail on the head when you said paragraph 718.2(e) of the Criminal Code, which was enacted in 1996, expresses the need for judges to consider all other sentencing alternatives before sending an offender to prison. It's already there. It's been there for about 20 years. The challenge is that the courts are reluctant to do it at the best of times.
When the police come into contact with an individual who is identified with FASD, or any other form of mental illness, and they're filling out the RCC, the report to crown counsel, could there not be some form of identification in that form that says, “We've identified that this person may need some form of help and we strongly suggest to you, crown counsel, to make it emphatic when you're presenting toward the courts that alternative means should be found as required under paragraph 718.2(e)”? That puts the onus back on the courts.