Both courts and communities are realizing more and more that individuals with mental health issues are often criminalized and brought to court, to the extent that a number of cities in Canada have set up specialized courts to deal with cases of that kind. This is a very good attempt to redirect individuals to solutions other than incarceration, such as making them undergo treatment appropriate to their mental health condition.
An unpublished study by Professor Steve Wormith at the University of Saskatchewan took another look at the effectiveness of the courts that deal with mental health issues. The study shows that there was a 17% reduction in the recidivism rate for people who went through that kind of court compared with those who went through a court in the traditional system.
It is certainly valid to ask judges to be more proactive and to know exactly what kind of person they are dealing with when a penalty has to be imposed. If there are problems related to FASD or other mental health issues, judges have to be sure that those aspects are considered and the decision they hand down is fair and equitable.