Dear Mr. MacKay, I was surprised that when I spoke to you at the Canadian Alliance On Mental Illness and Mental Health Gala that you did not inquire into my access-ability requirements.

I feel terrible. The Honourable Minister of Justice Peter MacKay is leaving his post. He’s been urinating on the Charter for a while now and I was wondering how long he could keep it up. I guess he’s finally petered out which I’m sure is a relief. Maybe not to the prime minster who is nothing more than Reform without Peter.

If I thought Peter MacKay would resign I would have written to him sooner. I only wanted to invite him to my home but he has taken it as the gauntlet being thrown. I hate to say it but for someone so athletic looking I would have thought Peter had more game. I did admonish him which may have been unwelcoming but having no regard for a segment of society who are in conflict as a direct result of a mental illness is not a slight I can pretend to ignore.

I actually thought Peter may have visited me so he resigning is quite a shock. Does anyone know how long cucumber sandwiches last? I guess someone should step aside. We are allowing serious human rights violations to be inflicted on the mentally ill. When I looked into my crystal ball/stainless steel toilet sink combination I saw more orange than justice ministers resigning at my feet. I wasn’t even aware that it was an injustice to be psychotic in the confines of solitary confinement.

I did not mean to scare Peter MacKay into resigning. I only wanted to point out his mistake in the hope of pointing out more mistakes. It would have simply been tea with a detainee but in a way he has done the right thing by stepping down. I feel somewhat responsible but he made his own mistakes. I would have reasoned with him and found a way around all of this but some crown attorneys see only one scenario. It can be overlooked as a job description for a crown attorney but when you continue on that path as a Justice Minister you become a knob. Peter MacKay became a thing Stephen Harper turned to key up for election. When it comes to justice and sadly Peter MacKay this government always did what looked good and seldom what was good.

I’m not an optimist but I have dreams. I will be awake at night imagining the course of withdrawing my extended hand to the prime minister. Possibly he too will not see me coming. I certainly did not see this coming. I don’t know who to aim for next but this is sure a lot of fun. Good bye Peter.


May 12, 2015

Dear Mr. MacKay,

I was surprised that when I spoke to you at the Canadian Alliance On Mental Illness and Mental Health Gala that you did not inquire into my access-ability requirements. Some disabilities are invisible and I assumed at such an event you would have been more careful. I mentioned to you that I had lived in solitary confinement and that I was found Not Criminally Responsible on Account of a Mental Disorder. But you handed me a business card without asking if I had any requirements of assistance. It would have been most helpful to have you contact me.

As one of few who speak about the issue of Not Criminally Responsible having experienced it as living flesh I am dismayed that my voice has not been heard by this government. I submitted a Brief to this government regarding Bill C-54 which post prorogue became Bill C-14. I spoke with government employees and tried to access my own Member of Parliament but I was never asked if I had any accessibility requirements. I’m somewhat uncomfortable with sharing my medical information with a receptionist and I had to enlist assistance from individuals not employed by the government in attempting to communicate with the government.

I am pleased you are coming to London and will take you up on your offer to see me. I would like the opportunity to show you that solitary confinement can damage an individual. Mental illness in the correctional system is a complicated issue. I understand corrections is not your portfolio but in reading your statement on solitary confinement and thanks to your offer to speak with me I’m sure you could understand and convey to those better versed what you will learn.

Since language is no more than incomplete shorthand I will be able to convey more in person. As such I would like to invite you to my home. I am slightly agoraphobic and it would be helpful to have access to my writings to impart on you what I know. I have firsthand knowledge of corrections and the forensic system from the position of inmate and patient while living with serious and persistent mental illness. I know you believe that there are no adverse effects to Administrative Segregation but I have proof. Some of this evidence is within me, some of it is written and some of it is in how I live.

Please contact me at your earliest convenience to set up a meeting.

Kind regards,
Brett Charles Batten

I had a meeting with the Minister of Justice and Attorney General Peter MacKay

I was sitting at an elegant table in the elegant Shaw Centre in Ottawa. We were gathered for the Canadian Alliance on Mental Illness and Mental Health Champions of Mental Health Awards. The Parliament Buildings were to my right as was my beautiful wife and I was simply minding my own business. A senator who didn’t look anything like Mike Duffy came round the table and gave me his business card. I smiled and gave him mine.

I noticed the Minister of Justice Peter MacKay schmoozing and posing for photographs like some redundant rock star. He seemed pleased with himself. Without warning I rose to my feet and went and stood behind him as he was speaking to a groupie. I glanced back at my wife and she had the same worried look on her face as the day I proposed to her. I gave her a wink and she started shoving dinner rolls in her purse in case we were turfed before the taters.

“Hi Mr. MacKay, my name is Brett Batten and I’m an advocate. I don’t know if you’ve ever met anyone who has lived in solitary confinement but I have spent some time there.” “In fact I have” was his response. I wondered if they too were wearing a suit and tie at the time but my immediate thought was to recall ‘Bobby the Bullshitter’ who lived around the corner when I was seven. “We’re going to Disneyland.” “I’ve been to Disneyland twelve times.” I detoured the exasperation and mentioned that I would like to discuss the issue of solitary confinement with him sometime.

“Well, that’s the portfolio of Public Safety and my portfolio is Justice.” I wasn’t sure who thought who was stupid. “I understand that but as the Attorney General you have made statements regarding solitary confinement which are misleading.” “I don’t believe I have, what did I say?” I looked around for a second as I thought we were suddenly in the House of Commons. “You said Administrative Segregation was not similar to solitary confinement in other countries.” “Well, solitary confinement in Sarajevo is different from what we find in Canada.” “Well, we are not talking about dirt floors but the dimensions and more are quite the same sir. The United Nations defines solitary confinement as any incarceration that confines a person to a cell for 22 hours a day or more without human contact.” “Well I don’t always agree with the United Nations.” (Especially when it contradicts ‘the agenda’.) “Solitary confinement is used for sex offenders to ensure their safety.” “It is predominantly used for individuals with mental illness; it is a default response to a health issue.” For someone who didn’t say anything about solitary confinement Peter seemed to hit on all the points he made in his official statement.

I decided to give him the benefit of my doubt and asked who I could speak to about the issue. “You can talk to me” and he handed me his business card asking for mine. “Where are you from?” “London!” “I’m going to be in London in a week or two, maybe we can meet.”

“I was found Not Criminally Responsible and was the individual Champion of Mental Health here last year. Pretty much in that order.” He looked surprised and at the time I wasn’t sure at which. Maybe for a minute he thought ‘Wow, I could have actually spoken to someone found Not Criminally Responsible before I shoved the Not Criminally Responsible Reform Act through Parliament.’ Nothing may come of this but at least Peter MacKay can say he shook the hand of someone found Not Criminally Responsible. Good on him!

It all sounds hopeful with him coming to London for Tea and Crumpets but like the rest of the electorate I expect his political promise to be broken. It was a formal event and I’m sure he was trying to appease me but I did drive all night to get home and vacuum in case he visits. He has my business card so I hope he enjoys my Blog.

As a public service Peter MacKay’s phone number is (613) 992-4621. Just tell him Brett gave you his number.

P.S. Please don’t call me at home, I’m expecting an important call.

Attorney-General MacKay wants us to believe solitary confinement doesn’t exist in Canada because he calls it ‘administrative segregation’. BS!

The use of solitary confinement and acceptable standards for the treatment of mental health in corrections is a form of torture as it exacerbates and often deteriorates the mental health of a segment of society that is marginalized, compromised, and vulnerable to abuse and in many cases clearly disabled. Solitary confinement deteriorates the mental wellness of anyone.

The use of solitary confinement can inflict permanent psychological injury. To use it on individuals with mental illness is more harmful, depending on their symptoms. ‘Administrative segregation’ denies a person the psychological benefits of movement, and visual or auditory stimulation. The need for human contact and interaction is fractured at best. Seeing a hand or face through a food slot may worsen symptoms. It is also internally disorienting to be exposed to 24 hour light. The use of light in various forms can be used to torture an individual. To my knowledge there is no medical literature supporting the use of constant light to treat or rehabilitate mental illness of any sort or severity.

When I was in solitary confinement I lost the sense of time in part due to 24 hour light. For me 15 minutes was exactly the same as 2 hours which was identical to 12 seconds. What reality was I to build without the cornerstone of time? At times I confused night with day. The denial of a sense of day or night affected my sleep which worsened my condition. Sleep interacts with several neurotransmitters which also have an effect on memory, emotions, moods and appetite. Solitary confinement causes a disruption in circadian rhythms and affects dopamine which is linked to schizophrenia and serotonin which is linked to depression, anger, OCD, sleep disturbances and many other emotional and physical disturbances.

To place someone in solitary confinement who is struggling with reality is like taking the half dead goldfish out of the bowl to revive it.

This government would not allow corrections to worsen the physical health of an inmate but we allow them to worsen the mental health of inmates. Mental health in corrections or around the corner is a health issue. Being involved in the justice system does not in any way mean the government or any individual has the right to withhold proper and humane health care. Mental health is health care. If I suffered a severe physical illness the image of correctional surgeons would seem alarming.

Even in corrections the necessaries of life are a societal standard. The Correctional Service of Canada (CSC) Commissioner’s Policy Objective Regarding Health Services is:

1. To ensure that inmates have access to essential medical, dental and mental health services in keeping with generally accepted community practices. Inmates with severe mental illness are subjected to ‘administrative segregation’ so why do we not see it used as an “accepted community practice?”

It is incumbent on government; a duty, to provide the necessaries of life including mental health care, as inmates are in conditions which make them incapable. The duty to provide the necessaries of life is essential when an inmate is further incapacitated by illness. This government has not and is not performing their duty. Instead they are openly presenting a systemic institutionalization of stigma through laws and services. Under the charter these are acts of discrimination. The government is legally bound to provide the necessaries of life; treatment, to any inmate who is in need of what we refer to as mental health services but which under the charter must be acted upon as though it is and can only be recognized as health care. To continue with the use of solitary confinement and the denial of mental health care is negligence.

When an inmate is incarcerated, health care becomes the responsibility of the government. Individuals in jails and prisons are neutered of any capability to seek out or enlist assistance. In dealing with individuals with mental health concerns, availing oneself of health care is often not within the capabilities of the inmate as symptoms often further reduce an inmate’s ability to vocalize and enlist assistance. If an individual is incapable of insight into their illness they are also incapable of being proactive with regards to their health. It then becomes imperative for the authorities to institute conditions and opportunities to address the needs of the inmate.

Attorney-General Peter MacKay says inmates in ‘administrative segregation’ do not suffer adverse effects and that segregation in Canadian prisons is “different from and not analogous to the concept of ‘solitary confinement’ referred to in many foreign jurisdictions and should not be confused with it.”

Solitary confinement in Canada is not dirt floors or cockroaches but the dimensions and duration of confinement is essentially identical. Inmates are given food and sanitation but their toilet is table and chair. Inmates are checked regularly but there is virtually no human contact. People who have no mental illness to contend with would find segregation alarming in a matter of days if not hours but politicians speak of it like it’s a fable or fallacy.

I know that solitary confinement has many similarities regardless of latitude and longitude. It is the prolonged exposure to a small chamber often with constant light and essentially no human contact. Peter MacKay wants Canadians to believe solitary confinement doesn’t exist in Canada because the conservatives and corrections call it ‘administrative segregation’. You can paint a Toyota a hundred colours but it’s still a Toyota. It is a ridiculous ruse and epitomizes the fact that the conservatives have no “concept” of solitary confinement.

Peter MacKay uses the same distorted logic in telling Canadians ‘administrative segregation’ is not analogous or in no way comparable to solitary confinement. The United Nations refutes this notion. The United Nations defines solitary confinement as any incarceration method that restricts inmates to a cell for 22 hours a day or more “without meaningful human contact.” Canada falls into this definition easily but for some reason the government wishes to make their own parameters and use silly name games to camouflage their use of these measures. Is it a bad thing to follow the United Nations in promoting human rights or would we rather the conservatives make up our definitions? Are we a nation of conscience?

I would ask Attorney General MacKay how many solitary confinement cells he has seen in “foreign jurisdictions” and how many he has seen in Canada. What is the Dishonourable Peter MacKay’s firsthand knowledge of solitary confinement?

With regard to these “foreign jurisdictions” my first question is what are the differences? My second question is does the Canadian government consider solitary confinement as a form of torture in these “foreign jurisdictions” or is it simply foreign ‘administrative segregation’? My third question is which elements of solitary confinement in these jurisdictions are considered a form of torture and of these elements how many exist in ‘administrative segregation’ in Canada?

I can only laugh if Peter MacKay has never seen ‘administrative segregation’. I wonder if he has heard the door close behind him. Has he spent an hour there? Peter MacKay is a manipulative liar and I will call it to his face. We are all talking about the same place but the conservatives have named a bathroom Bermuda and we’re supposed to swim in the spin. Inmates refer to it as the Hole or the Digger. Corrections call it ‘administrative segregation’ and therefore conservatives tell us solitary confinement doesn’t exist in Canada. We are exposing persons with identifiable medical conditions to this contradiction of terminology. We should ask the inhabitants if it is anything but hell.

I will simply state that the conditions of ‘administrative segregation’ in Canada contains elements of torture and further that these conditions are imposed on individuals with symptoms of mental illness and in many cases for that reason alone. This policy and practice is discrimination.

We see photos of Peter MacKay and the Teflon Toupee in combat zones. It would be a great photo op with the pair of them near a solitary confinement cell. Maybe they could step on the throat of someone with an identifiable illness as they croon to the base of their vote who are excited by tough on crime policies regardless of human rights.

As far as non-existent “adverse effects” I mainly speak from personal experience but in comparison to the Attorney General Peter MacKay it is at least experience. Peter’s mother is a psychologist. Possibly she could draw him a picture of what dissociation and PTSD are. I went into solitary confinement with neither. I had never experienced them in my life. When I came out it took two years before I stopped staring. If that means nothing to Peter MacKay and his conservative agenda the shame is his mother’s.

Distancing oneself or ones government from the truth that they are not providing services in health care is understandable. I think quite simply this government wishes most not to have to compensate those who have been exposed to this form of torture. Like the residential schools they owe an apology. (Other than those in the conservative government who have spoken up against it.) It confounds me why a government would use conditions even remotely similar to what is clearly torture in other nations on individuals with a health condition or disability. I am ashamed of my nation.

As I write this, individuals with mental illness are in solitary confinement in Canada. The use of solitary confinement as an acceptable standard for the treatment of mental health is a form of torture, exacerbates mental illness and often causes a deterioration of the mental health of a segment of society that is under the care of our government. This shame doesn’t disappear with terminology. Tomato, tomahto.

Ignoring inflation it cost $550 000 dollars to deal with my mental illness institutionally.

I read an article in the London Free Press regarding policing and mental health. In a survey Londoners were asked :

“What do you think is the most important crime-related or policing problem facing the community and London police?”

Mental illness replaced downtown safety/bar issues in the top five. Why do Londoners believe that mental health is a police concern? If physical health is not a police concern why is mental health? If diabetics deserve doctors from start to finish why wouldn’t people with mental illness? If we are ever going to view mental illness differently we need to insist on medical interventions rather than law enforcement interventions. Part of the problem is the widespread perception that mental illness is synonymous with dangerousness.

Less than 3% of violence is attributable to mental illness in the absence of substance abuse. If ever we notice someone we suspect as hearing voices or disoriented in their thoughts or actions or somewhat delusional we might cross the street. The truth is that on both sides of the street 97% of our vulnerability to violence comes from the people who have no mental illness. People with mental illness are more often the victims of crime than the perpetrator.

When we allow law enforcement to administer to a health concern it is little wonder that the health concern becomes stigmatized, related to crime and associated with violence. If the police escorted diabetics to the hospital we would all have similar impressions about diabetes. Consider what we visualize, assume, think, feel and understand about mental illness. Now imagine having similar perceptions for a cancer patient. It would be unfair to the diabetic person or the individual with cancer but for the mentally ill it is as it would be for others with other illnesses; a barrier to treatment and a difficulty of rehabilitation.

Five years of my life have been spent under 24 hour care 7 days a week in an institution. Ignoring inflation it cost $550 000 dollars to deal with my mental illness institutionally. If a tenth of that money was used for comprehensive treatment in my youth, I might not be writing this.

A mental health clinician paid $60 000 dollars per year could have treated me for one hour a day for 70 years.
If we continue to fund and access policing and correctional measures to deal with mental illness we will forever feed the wrong end of the cow.

We do not fight cancer by building more cemeteries.(King)

When I first started living in the community after the forensic hospital I saw a psychologist once a week, a specialized therapist once a week and my psychiatrist at least once a month. Those supports were needed initially and they would have been expensive but it was nowhere near the near $350 dollars a day it cost to keep me in an institution. People can be monitored and treated in their own homes.

I could simply say an ounce of prevention is worth a pound of cure but people might miss the point.

We leave mental illness unanswered and instead we deliver services mainly in times of crisis. Figure out the cost of an ambulance, two police officers and a truck or two of firefighters to respond to a suicide call and with any luck deliver that person to an emergency room and possibly a psychiatric unit for an indefinite period.

Now figure out how much it would cost for a therapist to prevent it in the first place.

If the financial realization is not enough for you consider letting heart disease progress to the point where invasive measures were necessary. With every other illness we prescribe the greatest amount of medicine at the beginning because to let any illness worsen is more devastating, difficult and expensive to treat. The social costs are immeasurable.

If you were ask a child how she feels about her father finding the best treatment for his heart she would likely answer the same for helping her father with schizophrenia. The best medicine at the beginning is not rocket science.

We are stupid to continue as we do but we are wrong and inhumane to do nothing.

RE: Vincent Li and Tim McLean. Compassion isn’t a dart we throw it is a net we cast.

I spent the weekend battling on Twitter. I don’t often Tweet but there was much ignorance I felt compelled to refute. Vincent Li who was found Not Criminally Responsible for a very disturbing and tragic incident is in the process of being granted a progression of freedoms in his treatment and rehabilitation. It needs to be clarified that these measures will themselves be measured and monitored. It is also important to understand that Mr. Li has been assessed by several psychiatrists who are in agreement as to the status of his mental health. Most importantly the individuals who contribute information and make decisions on that information have and always will ensure that public safety is paramount. Paramount.

I am not an expert in law or medicine. I have some information about each but my specialty is what it means and feels like to be caught between the two. If you want the definition of psychosis you can ask a doctor. If you want to know what the experience is like, you can ask me. If you want to know the intricacies of Not Criminally Responsible ask a lawyer who specializes in such. If you want to know how those processes affect an individual, you can ask me. I don’t consider myself an expert by any stretch but few know what I know. My journey is far removed from what most experience and I believe that is where my use is found.

Unfortunately, people with opinions often have no desire to hear from someone who actually knows something, as it interferes with their ignorance. Opinions have value but when their basis is ignorance they become water balloons without water; completely ineffective and they go nowhere.

I heard the voices that are incensed and incredulous over the appearance of the case. In my estimation most of these individuals are using headlines for a measure and as a basis of knowledge from which to form and progress their opinions. If a person looks only at the atrocity they can only make basic conclusions.

The severity of the offence is not the indicator of recidivism. If a person stabs another twice they are not twice as likely to re-offend as the person who stabs once. It is an asinine assumption and a distortion of logic. The brutality of the offence for which an individual is found Not Criminally Responsible has no bearing on their prognosis or recovery. The absence of blood in no way determines the effectiveness of medications and the presence of blood in no way determines the efficacy of treatment and rehabilitation.

Tim McLean who is the deceased in this case is clearly a victim. He was simply a passenger on a bus. However, there is more than one victim. We have to consider the families and friends connected to all involved. We have to consider witnesses and first responders. We have to consider communities. We also need to consider Vincent Li himself. Mr. Li is a victim of a mental disorder and a victim of public backlash, stigma and hatred. He no more asked for this event than anyone involved. To be a monster to a nation as a result of an illness is a weight that must also be measured. Mr. Li did not choose his illness and he is quite likely near the front of the line of individuals who would wish the event never occurred.

People confuse psychosis with psychopathy. They are two vastly different states and it is unfortunate they are phonetically similar. It is the same as confusing dentistry with dysentery. Psychosis and hallucinations are Axis 1 disorders while psychopathy is Axis 2. Twitter was awash with words like psycho and I would direct those people to the internet to actually find out the meanings and intricacies of mental disorders. Knowledge is power and slang is pathetic and painful.

I was disappointed to uncover the extent of hatred and intolerance that exists in Canada. People seem to embrace the biblical “eye for an eye” mentality all the while ignoring the New Testament and specifically the red letters attributed to Christ. I guess it is easier to cast stones. Possibly people gain a sense of self righteousness and can forget their own faults. An “eye for an eye” does not bring peace or restore the order of the universe. The universe is unfair and unjust. Just ask a child with a distended belly in a third world nation. People seem to believe the world is just and they become quite worked up trying to make it so through mental manoeuvrings. An “eye for an eye” leaves two people blind and it only expands suffering. It is rather imbecilic to think that suffering can relieve suffering. It is also a little sadistic to find peace in anyone’s pain.

Many individuals seem to think that Vincent Li may be better but Tim McLean is still dead. My sympathies go out to all involved but Tim McLean will be dead no matter what happens to Vincent Li. There is no logic in that argument or revelation and nothing that is done will alter what happened to those involved.

People were flying off the handle saying maybe Mr. Li’s psychiatrist who assessed him should have him as a neighbour. The fact is Mr. Li was assessed by several psychiatrists who came to the same conclusions. The general public and even Members of Parliament like Shelly Glover think they should be the ones assessing and that their opinions which originate from newspapers or less are the only assessment tool needed. We need to allow those who are trained and knowledgeable care for the community and Mr. Li. Despite the brutality of the offence Mr. Li is considered low risk and has been assessed and is being monitored. Few of us could say the same thing about our neighbours. No one is immune to mental illness and it does not discriminate. To an extent we are all capable of atrocity if we become ill to the point Mr. Li was. If you disagree please point me in the direction of the magic water you swallow to prevent mental illness.

I was called a douche, a jerk, a scumbag, a murderer advocate and was told to go hang myself. All were desperate and illogical attempts to overcome the disparity of being confronted by someone found Not Criminally Responsible and who is intelligent, logical and able to disseminate information, form relatively sound opinions and coherently craft them into Tweets. I got a little saucy myself but being the Not Criminally Responsible individual in these arguments I tempered my responses. I came to the somewhat biased opinion that I would rather have me as a neighbour than these scary and somewhat unstable twits. I have been tested and proven not to be a psychopath or sociopath but these individuals cannot claim the same. I don’t much care what they Tweet from their parent’s basement but I am concerned that they interact with others in person and that they are probably allowed to obtain firearms and most terrifying; can vote.

I came to the edge of being insulting and was uneasy with where I found myself. I am one of only a few who to a degree represent individuals who have been found Not Criminally Responsible. I do so not always out of desire but more so out of duty. There are many days I wish to be more ordinary and forget what is past. I realize though that my abilities, experiences and gifts are meant to be shared. I have near total recall of most of my psychosis and as much as it is a curse to remember all of that, it is somewhat rare and it would be a loss not to explain and share with others in an attempt for us all to understand each other. I don’t have fame or popularity to promote my causes. I am involved in the unsavory aspects of mental health: Not Criminally Responsible, the Canadian Criminal Code, Board of Review hearings, courts, police and corrections. Possibly I could let some of this slide if Clara Hughes jumped in but she’s busy on her bike.

I told one individual to “say Hi to everyone on his paper route.” I felt bad that I might be misinterpreted. I have every regard for individuals who support or supplement their income from delivering periodicals. Unfortunately, the 140 characters allocated by Twitter did not allow me to explain my meaning. When I was growing up teenagers delivered newspapers and I was implying that this individual was a child in his thoughts and arguments.

I think it is fair and acceptable that I get a little saucy. I don’t believe that since I was found Not Criminally Responsible that I need to portray something meek and gentle. I am and we all are many things. Part of my point is that I am no different from anyone and I posses characteristics that many and most humans posses. In a way being sarcastic and cheeky is an exercise in illustrating my ordinariness. I grew up with three brothers so I was born and bred to stand up for myself. For years I was unable to do this as I was in jail or hospital. If I had no voice I would be skinnier than I am. I traded barbs with my brothers as an exercise of intellect and debate and it was an ingrained and somewhat socially conditioned form of love. We did not hug each other though we do now. Instead we insulted each other as a form of attention and we found affection, comradery and even respect in its often humourous arms.

The one individual who seemed quite engaged in trying to enrage me gave up when I asked him his real name. He was calling me “champ” in some attempt to belittle me and I told him “my name is Brett and I do not hide.” My full name is attached to my Twitter account. This child was Tweeting from behind his mother’s skirt and when I said to “step up or shut up” he implied that I was threatening him. I reassured him and told him he couldn’t “hide and speak” and that I simply wanted to know if he “was a mouthpiece or a man.” He did not give his name which confirmed he was in fact just a mouthpiece. He was a noise originating from the area of the head but not the brain necessarily.

People were arguing that if Mr. Li misses a dose of his medications he will buy a bus ticket and repeat his actions in some form. Medications are important but only a fraction of the treatment and rehabilitation Not Criminally Responsible individuals receive. Further, these individuals are monitored and know themselves the importance of their medications and the other aspects of their treatment and recovery. In the case of Mr. Li there are a series of supports in place and extended that were not present at the time of the offence.

People think Mr. Li should be locked up forever and worse. Punitive measures do not alter the cause of the offence when the cause is mental illness. Treatment and rehabilitation of the individual with the illness is not only humane and progressive, it is the only successful and logical approach. Mr. Anonymity was trying to argue that all criminals should be medicated and why was Mr. Li so special? Firstly, Mr. Li is not a criminal and secondly they have not discovered medications for greed, stupidity and evil. As you might conclude it was draining attempting to inform such moronity. If I had to do it again I might just walk away as many of these individuals used their opinions as a shield to information. However, some of what I was saying was getting out there and their deflection did not mean I did not reach anyone. I am also pleased that there is a lasting public record of their stupidity. Maybe eventual embarrassment will guide them towards a book.

People were using the grief of those involved as a basis and argument for their hatred, ingrained ignorance and intolerance of people and circumstances they have little basis of knowledge in. People think they are being sensitive to victims and compassionate but compassion isn’t a dart we throw it is a net we cast.

Ontario Provincial Police (OPP) Mental Health Strategy, Ect.

I don’t often advocate for the police. They have unions and each other so I don’t view them as disadvantaged or marginalized. They are not on my radar so to speak 🙂 I usually defend those who are unable to stand up for themselves or who do not have the opportunities and advantages that I do.

In my recent encounter with Ontario Provincial Police officers I have softened and expanded some of my views. Few of us have the honour or opportunity to share a meal with the police and their humanity is nourishment itself. I don’t want to disappoint those who find me a refreshing prick with a pen but I have a few points for us all to consider.

Most people do not know that since I was a child, I dreamed of being employed in law enforcement. I know of few better examples of irony. I also have several friends from my youth who are police officers. I can name at least seven who I played high school football with. I am fairly outspoken regarding tragedies that involve mental health but do not think I would not be as upset to hear of an officer falling in the line of duty.

Many of us have an uninformed sense of what the police are like. They are the brutes who give us speeding tickets. I agree that it is an annoying pastime of theirs but they are attempting to keep their families safe as well as yours. We do not blame the baker for making us fat.

Like everyone I am influenced by the media. With the media preoccupation with the sensational we are force fed and filled with any and many officer mistakes. To make an analogy it is no different than hearing that the Toronto Maple Leafs have actually won a game and concluding that they are having a great season.

I tried digging up some real numbers to provide some perspective and fairness. There are over 26 thousand police officers in Ontario. The few we hear about as having fallen short in their duties would be statistically minute and invisible on almost any graph.

I was aware that police officers are trained and informed that a person with a knife can be lethal at a range of 15 to 20 feet. I might be spatially disabled under such conditions. Officers are trained to use lethal force in these instances. I will still argue that a greater distance should be maintained where possible and appropriate but it is comprehensible that such situations do not always work out. I would imagine that any officer who had to make a lethal decision would be haunted by such and it is understandable why officers also suffer from Post Traumatic Stress Disorder.

I have argued against the use of Tasers on mentally ill individuals as they are often disabled and it is a health condition. We need to guard against Tasers being used too often but in speaking with an officer I see their value. An individual with a knife who charges at a distance of 20 feet will still reach the officer even when shot with a gun. This is a no win situation. The Taser if successful will stop that same individual in their tracks. I would rather have to deal with psychological and temporary agony than find myself and or someone trying to help me in a coffin. I have a family as do they. The consequences of the lethal use of a firearm are far reaching.

We can point out that 92% of officer fatalities are committed with a firearm or that police homicides occur 23% of the time involving robberies and 3% occur apprehending psychiatric patients but I’m not sure those numbers would make me feel better if I was faced with a knife and I am unlikely to call on statistics or probabilities when I see that knife waved in my proximity. Any weapon is problematic.

I could only find numbers from Vancouver but they may still be relevant. One third of all police calls involve people with mental health issues. Let’s assume that the Ontario Provincial Police are dealing with similar numbers. I think the police have been put in a place and are being called on to remedy issues that are not theirs to own. Mental health is increasingly involving agencies that were never meant to be mental health service providers; police and corrections.

We can scream and shout at them both but the solution doesn’t entirely lay with altering what they do. We need a number other than 911 to call and we need to prevent and protect individuals from entering the justice system as a result of their addictions and mental health issues. Thirty percent of individuals come into contact with the police in their first experience trying to access mental health care. We don’t change the diaper when an infant needs to be burped.

There are agencies better suited to serve the mental health needs of Ontarians. These organizations and agencies need to be better coordinated, better funded and more accessible. To keep things as they are is monumentally more expensive fiscally and socially. We will have less need to call 911 if mental health care can be obtained prior to crisis. The police will always have a place and we need to be grateful for that. It is an unenviable position and a difficult duty. It is unfair to the police and Ontarians to make police an automatic selection for mental health issues.

I am showing my support to the Ontario Provincial Police not because I now know several more outstanding officers but because I deeply desire better outcomes for Ontarians. I will still point out problems and they may be the target of my often sharp and ill timed sense of humour but in the case of the Ontario Provincial Police and specifically the Elgin County Detachment I see compassion, promise and an active engagement in improving the mental health outcomes of Ontarians. Is the Ontario Provincial Police Mental Health Strategy perfect? Possibly not but I am inspired and I believe community stakeholders can co-operate and implement something of an improvement.

The quarterback doesn’t throw the ball because he is incompetent or incapable of making headway; he knows the receiver stands the best chance of the most advancement. Community stakeholders are the wide receivers. We have been calling the police for help with mental health matters for decades. Community stakeholders are now being called on. I believe they can handle the pass.

We Can Find A Limp In Anyone But Especially When We Use Our Own Gait As A Measure

I was checking out Twitter and clicked on a link to:

“6 Things That I Have Noticed About People Who Change and Recover From Mental Illness.”

I was excited by the prospect of change and recovery. After I battled with the Pop-Up screens where Barry Pearman was flogging his free book, the wind was knocked out of me. Barry’s first life changing “great stride” was:

1) They make their bed every morning.

Just before I was about to flush my anti-psychotics, mood stabilizers and anti-depressants down the toilet I thought about it for a minute. I started to wonder how many individuals Barry Pearman has seen change and recover. My next question was what the hell is Barry doing in all these bedrooms? Is he a sleuth or a slut?

According to Barry I shouldn’t “drift into the day” but like the Navy Seals who are renowned therapists in his world, I should start my day with “a drilled in positive habit.” I have had suicidal months and been immobilized by depression. It was not a matter of preferring to stay in bed; I in fact could barely get out. Had I owned a bedpan I would have used it. I have also been psychotic and my bed was as likely to have been a magic carpet as anything I would tidy and tuck.

Dear Barry,

If you are going to speak about mental illness please consider the vast array of degrees and diagnoses. What you consider positive may be worlds away from what I value or consider positive. I don’t make my bed for the same reason I do not do the zippers up on my pants when I fold and put them in the drawer. It is to me slightly illogical, a waste of my time and a pointless make work project. When I do not pull my sheets up and tuck them in each morning it enables me to refrain from pulling them back out each evening. You say illness I say efficiency.

I’m sure you’re sure I am destined to a state of illness but I personally look back at my life and see that I have “changed” my mental illness and I have enjoyed prolonged periods of recovery. Obviously this has nothing to do with making my bed.

I am as illiterate as you but in my estimation recovery is not always a destination. Further, it is my belief that recovery is a highly personalized process that can be different for each of us. I can look at another person with mental illness and “should” on them but their habits and efficacies can still qualify them as recovering or recovered. Some individuals with or without mental illness are comfortable to leave mustard on their shirts. We can find a limp in anyone but especially when we use our own gait as a measure. If any measure is to be used it must originate mainly in the individual. If an individual with or without mental illness is able to find meaning and arrive at whatever points of personal satisfaction they set out for themselves they are in no small way thriving. Is it “change” or recovery? I cannot answer that and neither “should” you.

Kind regards,
Brett

Since my neck was not in a noose (though he had no way of knowing) he didn’t know who to call or what to do.

Some names have been changed or omitted to protect the idiotic.

As some of my readers will be aware I was not in a good place mentally last week. One of the individuals who reached out to me asked around for some assistance for me. I ended up with a number to a local agency who provides a Crisis Response Line. I am feeling somewhat better and it is counterintuitive for me to reach out as assistance has not always been so.

I called the Crisis Line and ended up speaking to Barney. I explained my recent difficulties and was inquiring about what services I could access. I wasn’t crying which seemed to confuse Barney. I asked if he was a counselor and he explained he had some training but was not a counselor. He searched for some numbers and suggested next time I should call the Distress Line. “Oh, so who would I end up speaking with if I called the Distress Line?” ”ME” was his answer. What the hell? I wanted to reach out and shake his head for him. Firstly, when I am unwell I might not have the insight into whether I am in crisis or distress. They are literally and figuratively the same damn area code. Further, what is logical or logistical to his mandate and procedures are irrelevant to someone in crisis or distress. I would never tell Barney what to do but I would recommend suggesting the value in reaching out rather than suggesting what he values.

I told Barney some of my story and he could have easily engaged me. He was given several paragraphs to build a conversation. I was silent a few times which were long and awkward and I could sense Barney’s discomfort. The only input he made into the conversation was to inform me “we are here to listen not make you feel better.” What the hell? They might as well use an answering machine if all they do is listen. Wouldn’t a few well placed questions uncover the extent of my crisis or distress?

This gentleman knew and found out nothing about me including my name. What supports do you presently have? Do you have a family physician? Are you able to access services? Do you live alone? Are you in a safe environment? Have you ever been suicidal? Are you able to care for yourself? Are you on any medications? Are you having any disturbances of thought? Are you experiencing hallucinations?

If we are going to train these individuals to refrain from attempting to alleviate difficulties or offer advice we should definitely train them not to make assumptions about the degree of crisis or distress an individual may or may not be experiencing. The consequences could be tragic. I was safe and possibly he interpreted me as healthy. I can baffle you with brilliance in full blown psychosis. People don’t call these numbers to order ice cream. I realize he was not a professional which is a problem in itself. There are often not answers or solutions but being an ear doesn’t do much good when I need a comforting voice.

Barney was uncomfortable that I was waiting for him to speak as I believe that was his training. I can tell when someone is directing me to end a conversation and I believe that since my neck was not in a noose (though he had no way of knowing) he didn’t know who to call or what to do. What is your phone number? I will pass on your contact information to a colleague who is aware of community supports.

Barney was mainly giving me information about support groups which I have an aversion to. My mental health is private and some of the things I struggle with are best not spit out in a circle of chairs. Some of these groups are simply the blind leading the blind. I don’t need Darlene’s insight; she’s a damn basket case though I’m sure she knows what is good for me.

I almost feel like jumping off a bridge but I’m going to hunt down Barney first to time the fall. I am not personally upset but I am seriously alarmed for my community. If I call 911 for a physical crisis they do not say “were here to listen until the ambulance arrives.” After determining the severity of the situation they offer immediate and useful first aid information where appropriate. Further, highly trained individuals follow up on the call.

I understand budget constraints. I believe in the value of peer support and volunteers make the world go round but Barney might not be the best person for someone in crisis or distress. My first impression of him is that he probably has difficulty in a drive-through. We would be alarmed if any or even initial acute contact regarding physical health was taking place under the direction of volunteers with a crash course in health care. What’s good for the goose is good for the gander.

Ontario Hospitals Need to Give Their Head a Shake

I wonder what goes through the minds of patients who are pushed off hospital property to smoke in the cold with the public driving by.

Am I to believe I am valued as a person when certain aspects of myself are banished? It is quite like making a child stand in a corner to contemplate their unacceptable behaviour. It becomes difficult to see the love and respect for patients when they are relegated to the road and rain coping as they know how and finding pleasure and escape in a cigarette. These individuals have serious and persistent mental illness and we are worried about them smoking? Privileged individuals are instituting their values on marginalized individuals. Some will never quit so I suggest we stop shaming them.

When I was a forensic patient I really didn’t want people knowing I was such. I found it humiliating having to ride in the “big white vans” because most people in St. Thomas knew where the “big white vans” were from. They were part of the community consciousness and on more than one occasion I heard the “big white vans” used as amusing putdowns.

Privacy is a premise of dignity. When I am placed beside the road like a pathetic pylon I eventually become recognizable to repetitive travelers and commuters. This scenario makes community integration difficult and it compromises patient safety. What if a prospective employer, landlord or lover recognizes me from standing beside the road five times a day? It makes what is already difficult more so. Will I find employment or a date if I am publicly exposed as belonging in a forensic hospital? Nobody deserves a scarlet letter let alone for an unhealthy habit. Are we compromising patient confidentiality by placing these individuals beside a public thoroughfare?

At the old forensic hospital a friend and I ordered a pizza on a summer’s evening. We decided to eat it at a picnic table in front of the hospital. We were well back from the highway but a car full of fools drove by yelling obscenities at us. Not all motorists are mature or well meaning. Some motorists barely know the meaning of a STOP sign but we expect they will comprehend and be sensitive to STIGMA? Forensic patients are prone to abuse and discrimination and placing them beside a road is nothing more than facilitation. Having these individuals within distance of garbage being hurled at them is dangerous and unfair. St. Thomas is fairly accepting of Southwest Centre for Forensic Mental Health Care but it only takes one.

When I become a fixture standing at the end of the lane leading to a forensic facility I become recognizable. If and when I am allowed to wander other avenues I am still recognizable. We might as well dip these smokers in orange dye to further accommodate their prospective discrimination. These individuals are already compromised and marginalized and I find it shameful that an organization with a mandate to assist them is in fact harming them.

Catherine Zeta Jones

An anti-stigma campaign I follow on Twitter sent me a message that “Actress Catherine Zeta Jones has been living with bipolar for several years and rejects any stigma attached to it.” Easy for her to say. It was further Tweeted that Catherine Zeta Jones says there is “no shame in seeking help.” For someone with fame and finances this might even be true.

For Catherine Zeta Jones, mental health stigma and treatment are vastly different from the experiences of many who also suffer from mental illness. For her being open about her diagnosis and experiences is at least unintentional personal publicity. As they say: There is no such thing as bad press. In the case of celebrities a personal persona and public appetite is created and nourished by being a news story. It would appear that Catherine Zeta Jones has thrown herself in front of an oncoming car for the benefit of many but I would argue that the car has already driven by. The lack of blood and guts, spell evidence.

Catherine Zeta Jones is portrayed as some patron saint of bipolar but what has she really risked? Stigma is at a point that it is rarely rolled out for the famous. I am not inferring that there is no such thing as stigma but little if any cuts through fame and favour. Call me cynical but these revelations don’t seem to affect these individuals beyond increasing their brand, public persona and popularity.

If I’m depressed in bed or manic at the mall, am I apt to seek help or find relief in Catherine’s revelations? The rubberneckers look but the rest of us are too busy trying to survive. These celebrities don’t give interviews in their underwear next to dust bunnies; they follow a loose script in their personal libraries in Bermuda. Speaking of which, what meds do I take to find myself in Bermuda with a maid?

I think “Catherine The Great” has been a source of conversation around mental illness but I would argue that her battle with stigma is similar to Don Quixote who mistakes windmills for giants and charges at full speed. My suspicion is that stigma is a word, for Catherine Zeta Jones. For many stigma is no windmill but a true giant. It affects self image, personal and family relationships, employment and status.

When I think about bipolar I don’t envision a person like Catherine Zeta Jones who uses overpriced shoes for bookends because they’re too cute for closets. In my world people with bipolar have their shoes taken away so they can’t asphyxiate themselves with the laces.

I imagine Catherine’s experience with mental illness has been challenging and difficult but in the scheme of things we are talking about First World problems in comparison to Third World problems. Did she have to wait six months to see a psychiatrist? Were the chairs in the waiting room plastic or leather? Did she have to wonder if she could afford her medication? Was she worried about missing work? Did she have to resort to disability assistance to feed herself?

I’m waiting for one of these famous sacrificial lambs to tell us about their hemorrhoids. That experience is the same for us all and if I knew Catherine Zeta Jones used “Preparation H” I could actually hold my head higher at the pharmacy. There’s little fame in swelling so I shall suffer in silence.

“It is a kind of cold and uncaring environment”

A 30 year old father has died at Elgin-Middlesex Detention Centre. On the surface it seems no correctional officer or administrator can be faulted because it was a suicide and because this particular inmate did not voice an intention or thoughts about suicide. Corrections sidestep the corpse and deny responsibility because protocol was followed. What if protocol in fact hastens or facilitates the death? Following the rules in this case could be considered the smoking gun.

According to London Lawyer Kevin Egan, who represents hundreds of London inmates “It is a kind of cold and uncaring environment.” I hope Kevin Egan didn’t have to research too many legal documents to come up with the understatement of the century.

Inmates are screened at admission about their mental health and suicidality. “Do you feel suicidal?” if answered in the affirmative will bring about a second strip search and the inmate is placed in solitary confinement or for those who like to justify its use, segregation. The inmate is given a tear proof gown and blanket to go with their toilet and 24 hour light.

For any inmate who is familiar with this system of sadism there is only one answer to the question. “No.” Inmates in solitary confinement because of suicidal ideation or behavior are checked on every 10 minutes. Interestingly, it takes about 5 minutes to die. In the case of this young man because he was segregated but not on suicide watch he would have only been checked every 20 minutes in comparison to the usual 30 minutes in the general population. This deviation points to the admission that solitary confinement creates a dangerous situation that needs increased supervision.

I realize Elgin-Middlesex Detention Center is understaffed and poorly designed but is it not possible for “cold and uncaring” correctional staff to ask an inmate if they are suicidal after intake? Surely, while under the arguably tortuous conditions of solitary confinement an inmate could be spoken to and asked if they are suicidal. Would any institution grind to a hault if such a protocol was implemented? It would require conscience and a degree of compassion but it may save a life.

To be placed in solitary confinement deteriorates mental wellness and exacerbates mental illness. This is where it becomes difficult for guards, administrators and healthcare staff to sidestep culpability. This particular inmate was taking prescribed psychiatric medication and was placed in an environment where whatever mental wellness he possessed was compromised. His mental health was compromised by the correctional system which did little proactive to prevent his eventual death.

There have been 16 coroner inquests into jail suicides since 2007 and the recommendations of better screening and monitoring of inmates has been ignored. This is not only a dereliction of duty but it is outwardly reckless and a foundation for legal culpability.

Slightly Medieval Misconceptions

There seems to be a public misconception perpetuated by the media that when an individual is brought before the courts anyone can make an attempt to use the “mental illness card” and seek a designation of Not Criminally Responsible On Account of a Mental Disorder (NCR). Firstly, when a lawyer seeks the designation of NCR it may be the prosecution or the defense and it is rarely at the direction of the accused. Secondly, it is not pursued for any individual with a mental disorder but only in those cases where there is a possibility that the mental disorder rendered the accused incapable of appreciating the nature and quality of the act or of knowing that it was wrong. There needs to be a causal relationship between psychiatric symptoms and the offence. To have a mental disorder itself does not automatically lead to a loss of reality.

A finding of NCR does not simply mean that the accused has a diagnosis but that the disorder removed a crucial element of a crime. In order to be convicted of a crime the prosecuting crown must prove that there was criminal conduct or a guilty act but also that there was a criminal state of mind or a guilty mind beyond a reasonable doubt.

In certain instances a mental disorder can render an individual incapable of appreciating that an act was wrong which can subsequently prove that their mind was not guilty. It is not a matter of being ignorant about a law it is a matter of being incapable.

Individuals who are found to be NCR are not innocent or guilty and are thereafter referred to as the accused. They are usually confined to a forensic hospital for treatment and rehabilitation for an indefinite period. Their progress or lack thereof is reviewed yearly by a Review Board and a disposition is decided by a panel after hearing evidence from the hospital, the crown, the accused and the victims. Restrictions may be removed or added depending on the evidence. Public safety is paramount and it follows that the least restrictive and least onerous conditions for the accused are put in place. Treatment and rehabilitation are important but they do not overshadow public safety.

There are instances where a finding of NCR could be pursued but some lawyers do not pursue it as it places their client in a position of indefinite custody. To act in the best interests of their client a finding of guilt is preferred as the freedom of their client is determinant. This is logical but serves no one as the underlying illness is sometimes ignored. From the perspective of public safety this is the less desirable option as treatment and rehabilitation reduce recidivism.

There is a misconception that to be found NCR is some form of getting off. In some instances NCR individuals gain community access sooner than if they were sentenced but the opposite is just as probable.

My interest in the Luka Magnotta case is that it provides me an opportunity to inform and educate. These high profile cases highlight the stigma and misconceptions that permeate our society. The attitudes that spring forth are of little consequence to me personally but I am alarmed because they affect all individuals who experience mental illness. NCR is not a club or union that seeks members. Like anyone I would prefer to see no NCR cases as I am acutely aware that there are victims on both sides.

The NCR provisions in the Canadian Criminal Code protect us all on many levels. They insure humane and progressive treatment of the accused and for anyone with insight who realizes they are not immune to mental illness it is a relief to know you would not be punished for an illness that rendered you incapable of appreciating the nature of a wrong. No one should be punished for events that are beyond their control. This is civilized and this is humane.

I personally believe that the defense in the Luka Magnotta case has a difficult task but my mind remains open to all possibilities and I will wait for more evidence. There appears to be evidence of knowledge of wrongfulness but even this could be explained in the light of a mental disorder. There can still exist an impaired ability to reason or appreciate. It has to be proven that Luka Magnotta had the ability to apply the knowledge that his actions were wrong. To form an opinion and tie the knot of the noose in the first week of a trial is unfair, dangerous, irresponsible, unjust and slightly medieval.

The Toronto Sun’s Failed Attempt at Facts Using Michele Mandel As A Moronic Media Mistress

It seems the London Free Press is not satisfied with their own ignorance and stupidity so they are borrowing from the Toronto Sun. It all reminds me of a group of children trying to find answers about the big world without leaving the playground. The result is a group of bedwetter’s who are confused as to what Santa Claus actually looks like.

Information mixed with ignorance and opinions are the things we find in schoolyards or typed up as an article in Sun Media. It is not journalism and it has to be dissected to be considered news. It all reminds me of some Conservative Action Plan sign where we have to discern what is real and what is simply political propaganda.

Michele Mandel seems to have fallen from the teeter totter and bruised her cranium. When your head is up your derriere these things happen. My condolences go out to her proctologist in having to figure out what is what.

According to Michele Mandel, jurors in the Luka Magnotta case “have the unenviable task of determining the murky line between evil and madness.” Evil and madness seem like simple words but beyond sensationalism they could mean anything. Evil could even be the person in the drive thru who gives me the tomatoes I decline but it seems Michele Mandel is the only one among us with a handle on it. We haven’t been able to figure out evil for eons but in this case it’s whatever Sun Media wants it to be.

Madness seems the more manageable moniker but it is not discerned in any fashion by Michele Mandel. Is she referring to mental illness in general or is madness a specific disorder? Is bipolar disorder madness? Is Obsessive Compulsive Disorder madness? Is Depression madness? Or is, as it is being argued in the case of Luka Magnotta schizophrenia madness?

What exactly is madness? I have perused my medical library, Google and Wikipedia and I can’t find an answer but it seems some journalist with a phoney degree in jurisprudence knows what it is exactly. Do share Michele Mandel. The world needs your expertise.

Let’s assume Michele Mandel knows a lick about schizophrenia and because we are speaking about Luka Magnotta that she is referring to abnormal social behavior and failure to recognize what is real. That being said Nobel Prize winner John Nash and author Jack Kerouac must also be considered mad. As a side note and prediction I doubt Michele Mandel will ever be as accomplished or recognized. We will assume Michele Mandel’s mental health is directly linked to her mediocrity.

According to Michele Mandel’s schoolyard logic there was a murky line with regards to John Nash and he somehow narrowly missed being named evil person of the year or he was at least accidentally awarded with a Nobel Prize. I realize Luka Magnotta is not in the running for any award but if he is found to have been incapable of appreciating the nature and quality of the act or of knowing that it was wrong he is neither evil nor mad, he has a mental disorder. Michele Mandel should be able to appreciate incapable as would most journalists recruited to spew for Sun Media.

I don’t mean to infer that Michele Mandel has a language deficiency as her article has an array of words for mental illness; it’s almost poetic. She gets quite technical and medically irrelevant with words like “crazy”, “insanity”, “ravings” and “diabolical.” For those with an IQ it is journalistic junk recorded in a rag.

If nothing else Michele Mandel is honest as she admits it is impossible to discern between madness and evil. Thankfully the courts do not depend on a journalistic joke and literary lightweight. Canadians don’t need to depend on people who are barely capable with a keyboard. We have forensic psychiatrists who use science to make their way through what to her is a murky line. For them it is not a political penchant but a matter of training, knowledge and experience.

Michele Mandel’s rambling recount of selective facts is thankfully not what the jury will use to determine a verdict and to utter such nonsense is a disservice to impartial journalism, justice and mental health in general. My advice to Michele Mandel is to keep your childish notions out of print so Canadians with integrity can better determine the line between guilt and Not Criminally Responsible On Account of a Mental Disorder. Your agenda and that of your employer should never find its way into print.

The Andrew Lawton Show = Stigma In Stereo

Here in London, Ontario we have several radio stations one of which is AM 980. For most that are unfamiliar with this branch of CFPL AM, it is a species of FOX. Normally when I want to hear something stupid I watch the parliamentary question period but today I was informed of a program on Not Criminally Responsible. The host Andrew Lawton seems proud to boast that his is London’s most irreverent talk show.

I completely understand the meaning of irreverence but a lack of respect for individuals suffering from serious and persistent mental illness is beyond irreverence. It is shameful and worthy of listeners or any who are affected by mental illness to make a complaint to the Canadian Radio-television and Telecommunications Commission. As compassionate and informed citizens we need to take responsibility in not perpetuating stigma and for people with a public platform that responsibility is imperative if not implied. To vilify people with mental illness cannot be excused by claiming irreverence. If Londoners were subjected to this disrespect directed at any other marginalized and disadvantaged population we would be outraged. These individuals have no voice so it falls to those of us who can stand up to take a stand.

I call for a public apology from Mr. Lawton for the one in five affected by mental illness. This would be a significant and necessary step for Mr. Lawton to take in the discontinuation of mental health stigma. As citizens any apathy is a continuation of the destructive and irresponsible attitudes that have contributed to the suffering of all individuals with mental health difficulties. To see no harm is the foul.

The best part of The Andrew Lawton Show is the 40 second lead in where Andrew is mute. It is as the opening song states “the show that never ends” but if we care about mental illness it clearly should.

The forensic system is made up of highly trained and educated individuals who specialize in this often obscure area of mental health. I could call Andrew Lawton on not including a lawyer or psychiatrist but even I know these people would have to be further specialized to be of any significance to the exchange of proper and significant information.

Andrew Lawton is a liar. In a past show he tells us that a lot of work goes into preparing stories and lining up guests. Maybe for locksmiths but for the complexities of forensic mental health we have only the breath and brain of an ignorant broadcaster.

I’m not sure if it ironic or just sad that Andrew Lawton took the time to interview a locksmith who deals with door handles but found no reason to include anyone with forensic relevance to his so called show on Not Criminally Responsible (NCR). I don’t know whether to be angry or laugh at the fact that a show that involved the intricacies of the Canadian Criminal Code, The Mental Health Act and forensic psychiatry was sewn together with only Mr. Lawton’s delusions, while the segment that followed involving locksmiths actually involved a locksmith. I can in no way shine a brighter light on this man’s arrogance, stupidity and irresponsibility.

I do not believe irreverence or any other excuse precludes responsibility to the truth in airing publicly opinions or anything near information. Mr. Lawton begins his program in a mire or misinformation. He seems to want listeners to think that individuals found Not Criminally Responsible “never have to spend time in jail.” I spent 10 months in a detention centre or jail and was exposed to all the punishment and more because of my delusions. If Mr. Lawton wants to confirm my confinement he can ask the guard who refused me a shower and toothbrush for 7 days. He can look up in the records how long I spent in solitary confinement and he can even interview the other prisoners who took advantage of my illness. Mr. Lawton seems disappointed that I was sent to a mental health facility for treatment and not for punishment. Sorry.

To assist Mr. Lawton in his ignorance I would point out that guilt is not the act but the act of knowing. When someone is found Not Criminally Responsible on account of a mental disorder it is because experts have found that they could not appreciate the nature of the act or omission. They are not sentenced according to a code of punishment but are placed under forensic mental health care. Forensic mental health facilities are secure, humane, progressive and therapeutic. Interdisciplinary teams are used to progress patients through rehabilitation and treatment. These facilities are hospitals and not jails because Not Criminally Responsible offenders are not criminals they are patients. They require not our judgement or fear but rather our assistance.

It is not a chosen path so it makes no sense to punish the traveler for being where they are. It is difficult for many to reconcile illness with atrocity. It needs to be kept in mind that without the illness there may have been no crime. We recognize the defendant but we cannot see the culprit. The culprit is mental illness.

Not Criminally Responsible in my case was not a chosen defense. If I had my way I would have been a brilliant lawyer at my own trial. It was a defense of default for me. I was incapable of any other defense. The courts and medicine intervened to protect justice and my mental health. If we are to be merciful it is imperative we do not punish illness. It is pointless and cruel.

If it is an eye for an eye, Christ`s words were wasted.

Mr. Lawton seems to think treatment is a “mentality” and rehabilitation is an “argument.” I would suggest getting off your high horse as both are in fact science and medicine. They are both carried out by people with years of experience and expertise. I suggest that Mr. Lawton is in fact deflecting his own inadequacies. He is in no way qualified so he assumes the same of others. Unlike himself, these practitioners are universally recognized as experts. Were he to give them this credit he would be forced to submit his conservative worldview to information and science which we know is like oil and water.

Mr. Lawton simply states the obvious when he says he has “very little place in my heart for people like this.” People like what? People with serious and persistent mental illness? People caught up in circumstances they never imagined? People who are marginalized and disadvantaged? I can only state the obvious and point out that people like Mr. Lawton have no heart. Theirs is a world of retribution where answers are only found in anger and indifference.

Mr Lawton seems proud of the fact that he covers stories that “you won’t hear from mainstream media.” Could it be because they have scruples, integrity and a responsibility to the public to present researched information or at least investigate a story rather than jumping from the horse with a mouthful from the one in front? Just because a thought enters your cowboy hat does not abdicate you of being responsible with your platform. I find it ironic that a whole story devoted to the distaste of people being found not responsible is carried out by an individual who is nothing more than irresponsible himself. Canadians spend millions to combat stigma and a man with a microphone sweeps much of it away with his own personal ignorance which he disguises as opinion.
Andrew Lawton seems to think it is some sort of public service to illustrate an individual case and circumstance and call into question broad and pointless arguments. Calling into question rehabilitation and treatment in general because of a mentally ill individual’s personal oversight is irresponsible and imbecilic. It is as logical as asking if police should be allowed to carry handguns after a civilian shooting. Each officer is unique as are the civilians and circumstances that bring them together. In case the analogy escapes you Mr. Lawton each person who is found to be Not Criminally Responsible is unique as is their treatment and rehabilitation.

With regard to Thomas Brailsford I can only use my own experiences to dispel Mr. Lawton’s ignorance. I was held on a medium secure unit for roughly one year before I was allowed passes on the hospital grounds and it was well over a year before I entered the community on indirectly supervised passes. Extreme caution is exercised in the issuance of passes and privileges. If Mr. Brailsford was released on a pass the public’s safety was paramount. If he was considered a danger or even a threat to himself or others he would never have been granted a pass. This news story is basically about a non-dangerous individual breaking a curfew.

I am taking Mr. Lawton to task because these individuals in most cases are disabled. We cannot see the limp but the disadvantage is obvious if we look beyond our misconceptions. Mr. Lawton can be proud of the fact that he devoted half his show to spouting stigma and disrespecting people who struggle with day to day life. Again, I call on Londoners and others to voice their disapproval of this man and his show. Would we stand silent if it was homeless people in wheelchairs? I think not and that is the slippery slope of stigma.

Mr. Lawton asks if these offenders “should even have rights.” I hate to be the one to break it to this man but as Canadians we all have rights in all instances and they are protected in the Charter and the Constitution. Even free speech which Mr. Lawton seems to have swindled someone into paying him for is a right until it becomes hate. You sir are close to that edge.

I would never call Mr. Lawton a moron so I will let him say it himself. “Just because someone is deemed in a legal sense Not Criminally Responsible, to me, does not mean we can deem them not responsible for it all.” In case this stupidity seems some typographical error I will once again type it word for word. “Just because someone is deemed in a legal sense Not Criminally Responsible, to me, does not mean we can deem them not responsible for it all.” One can only wonder which parts Mr. Lawton wishes people to be responsible for. The temperature? The day of the week?

Andrew Lawton seems to think Not Criminally Responsible is “not of the criminal code but of the justice system.” I hate to point this man to a book but in fact Not Criminally Responsible has been part of the criminal code for over a century. There are no illustrations but even Mr. Lawton could read the print if he was willing to expend the energy or had the intellect.

For Mr. Lawton the designation of Not Criminally Responsible has “gotten people treatment the community would not like to see them receive.” Only the community that is totally callous and without compassion which clearly includes Mr. Lawton.

Another lie made by Mr. Lawton is his insistence that David Carmichael who killed his son “did not know what he was doing and was then released.” In fact he was held in the Brockville Psychiatric Hospital for 3 years if memory serves. Should people in public broadcasting be allowed to promote lies to perpetuate their opinions and mental health stigma? I think we could ask the Canadian Radio-television and Telecommunications Commission that one.

To further Mr. Lawton’s ignorance he calls on his listeners. Adam believes, “the general public doesn’t know what is best anymore.” They never have which is why we have legal and medical experts. It might be fun to stone people on a whim but we have come to the conclusion that justice is best served otherwise. Emotions are not logic or legal and justice remains blind so that evidence precludes emotion.

Blinded by his own belligerence Mr. Lawton turns to Mark who digresses into some story about Nazi’s, the Japanese of WW2 and further peppers his ignorance with words like bonkers and crazy as though he isn’t. Mark states that he doesn’t trust psychiatrists to see the difference between a murderous mindset and mental illness as though he can.

For any who are not intimately insulted as they have not been found NCR take heart as Mr. Lawton “completely recognizes that, by the way, if you are dealing with mental illness you are not operating at full capacity, you are not operating in a sense you are completely responsible for your actions.” He must mean people like Churchill, Lincoln, or Patton. “I completely recognize that, by the way, but that doesn’t excuse you from doing whatever you want.” Like anyone would want to kill their 78 year old mother or their child? Mr. Lawton believes NCR individuals are not being called to account for their actions. Those actions are usually a result of delusions and hallucinations which are not asked for or rationalized. No one wishes to be involved in any of these sad circumstances. A tragedy is sometimes simply a tragedy.

Andrew Lawton wants to bring our attention to Thomas Brailsford who he claims ran away. Mr. Lawton believes he was handed an unsupervised pass. In fact it was first decided by a judge, a lawyer, a crown, a psychiatrist, a psychologist, a member of the public and a health care team to grant this privilege and it would not have been issued outright but in incremental degrees as trust and health dictated. Mr. Lawton asks “what would have stopped him from hurting himself or others.” It is something that completely escapes Andrew Lawton; rehabilitation and treatment. Hundreds of NCR individuals are integrated back into communities without incident but thanks for shrouding one instance in stigma. It furthers your political agenda and perpetuates public misconceptions. There’s a media award for that right?

I’m Not Sure How You Screw Up 140 Characters But It Seems The Best Way Is To Elect Them

I’m trying to lose weight and have tried numerous diets as I am allergic to activity. Recently, I have been having some success by viewing various Conservative Party of Canada candidate, MP and ministerial communications. I can’t keep down most of what I eat as a result if and when I even have an appetite. Stupidity is for me at least mildly nauseating.

Today I had a hankering for a double cheeseburger and a milkshake so I visited Minister for Public Safety Steve Blaney’s Twitter account. Fighting what seems like the flu I will forward a few words.

If compassion had anything to do with conservatism minister Blaney would be all over the twitterverse with photo’s of himself towering over individuals with mental illness in a healthcare setting. Instead Minister Blaney allows individuals under his charge with serious and persistent mental illness to linger in solitary confinement. It seems with this government security and healthcare is like oil and water.

As contrast we have the Conservative Party of Canada tweeting “We are the only party who will protect gun owners. Retweet if you’re with us.” I was ignorant of the fact that gun owners were a marginalized and vulnerable population. Minister Blaney’s twisted tweet includes an image of a semi-automatic rifle and his own quote: “Owners of the CZ-858 and Swiss Arms rifles that were ‘impacted’ can now use their private property once again, as should have always been the case.” I don’t know about my readers but I feel safer knowing this government is protecting gun owners. Guns don’t kill, governments do. If gun ownership is proximal to safety or security we are a nation of idiots.

When the Royal Canadian Mounted Police (RCMP) issued the prohibition of these semi-automatic firearms, gun rights advocates were up in ‘arms.’ According to them 10 000 Canadians became criminals overnight because they now possessed prohibited firearms. Apparently they had difficulty looking up amnesty in the dictionary. Considering ammunition is the word preceding it I can see the problem. They may not even have come that close as they fixated on Americanize.

Firearms lawyer Ed Burlew filed class action suits against the federal government and RCMP. Burlew’s lawsuit was seeking $10 million in punitive damages and $20 000 for each owner of the firearms in question for mental distress and anxiety. While ignoring the mental distress and anxiety of people with serious and persistent mental illness the conservatives capitulated. The only time this government is capable with mathematics is in measuring votes. Gun owners are organized and vote, people with serious and persistent mental illness don’t. Polls trump human decency and social justice every time. I was aware of the fact that this government doesn’t give a damn about mental illness but when their compassion is placed on pistol possessors the double cheeseburger becomes a distant thought.

I know what you’re thinking. “Brett, you have no empathy or compassion for people who wield weapons. What about their distress and anxiety?”

In fact I may be the only citizen in this country who has experienced serious and persistent mental illness in solitary confinement and was once a gun owner. Following one of my hospitalizations I was advised to surrender my shotguns. Possibly it was too traumatic and I have blocked it out but I have no recollection of mental distress or anxiety from the experience. Burlew’s lawsuit was both superfluous and humourous. This government takes on legal battles which they should submit to but capitulate for 10 000 votes.

I wanted a sense of who these gun owners are. Google guided me to the Alberta Magazine Outdoorsmen, Alberta’s only hunting, fishing and trapping magazine. The forum I found was full of indignation. None of these outdoorsmen seemed to have names but are clearly nincompoops.

‘recce43’ said “do not turn anything in. laws only work if the public complies.” These words seem to fly in the oft repeated mantra that gun owners are law abiding citizens. ‘recce43’ did in fact know how to use capital letters as he explained at the bottom of the post “LIFE IS TOUGH…TOUGHER IF YOU’RE STUPID” He should know as he followed with “women have the right to work whenever they want, as long as they have the dinner ready when you get home” Minister Blaney and the prime minister must be proud to be able to accommodate and cooperate with such citizens.

‘Mistagin’ explains the reason the prohibition was repealed while solitary confinement remains a solution for mental illness. “I just sent off a letter to MP Blaney and PM Harper.” I can’t be the only one to get a chill thinking these individuals actually influence conservative policy. You are who votes for you.

I understand that a minister responsible for public safety would be involved in firearm policy but how is it that Canadians are kept safe by allowing more semi-automatic firearms? Children who don’t own BB guns are proportionately less likely to have their eye penetrated by a pellet. It’s not science, it’s sensibility and common sense but that revolution has died.

According to Canada’s National Firearms Association (NFA) prohibiting firearms has nothing to do with preventing bad behaviour. Possibly not but it minimizes the damage done in many of those instances. You can’t control the criminal but it’s tough to pull a trigger when the gun is with the government. The NFA is lobbying the government to eliminate prohibited categories of firearms, rescind clauses on barrel length and caliber that classify firearms and regulations affecting magazine capacity. They also want to eliminate ‘punitive’ safe storage and transport requirements, the Chief Firearms Officers and remove the administration of the Firearms Act from control of the RCMP.

Basically the NFA would like to see shotguns next to six-packs at convenience stores. We need to ask ourselves if we want ‘recce43’ running around with rifles without rules.

I complied with the recommendation to relinquish my rifles because as crazy as I was I was also insightful, responsible and conscientious.

It is criminals who carry out offences using firearms but many of these illegal weapons were and are obtained legally initially. Minister Blaney and Prime Minister Harper need to pull themselves from the polls and decide if the freedoms of gun owners should trump true public safety.

Just because you can lobby, write letters and make phone calls doesn’t make your influence or interests just. In this case it just makes for poor policy. I don’t believe I am the only Canadian who finds comfort in being different from America. Two important differences worth protecting are healthcare and gun control. This government is too busy aiming for votes to adjudicate ethically to either.

Commercials Don’t Cure

Times have been tough for many Canadians but thankfully we have Prime Minister Harper to keep us afloat or is it aloof? All I see is a scripted tight lipped dance of deception. The Prime Minister keeps his ministers on leash with such consistency they can only foul where they walk. Parliament is becoming putrid.

Minister of Veteran Affairs Julian Fantino according to Wikipedia was a security guard, serves with Criminal Intelligence and is currently preoccupied with ministerial moronity.

With one in six full-time members of the Canadian Forces experiencing symptoms of mental health or alcohol related disorders, propaganda has become a prescription. Veterans and their calls to Fantino are often not returned and even individuals who show up in person are sidestepped. Accountability In Action; all we need is a sign on the road. Fantino closed 8 regional Veteran Affairs offices and pumped it into propaganda. The conservatives have increased their advertising to veterans by about $4 million. TV therapy.

One would assume a minister responsible for veteran affairs would be slightly familiar with Post Traumatic Stress Disorder (PTSD) but what is the political gain in that? PTSD includes a disturbance of day-to-day activities and avoidance yet we have the conservatives dishing out information during the most expensive periods of Stanley Cup playoff hockey. Individuals with PTSD are unlikely to be dialed in to Don Cherry.

Many who are experiencing PTSD and other symptoms are uninterested in hockey let alone the commercials. It makes about as much sense as printing this propaganda on Cheerios cereal boxes. Not everyone eats Cheerios and fewer still read the box.

Canadians are not stupid. It is not difficult to see that this government is more interested in promoting itself than assisting veterans. Who benefits from increasing advertising by $4 million while cutting veterans programs themselves? It’s basically a going out of business advertisement without the bargains.

Fantino defended the spending increase in advertisements as an attempt to communicate directly with veterans. I’m not one to sidestep stupidity but that one seems best left as it was uttered.

I don’t know much about the military but from what I can glean from this government’s actions, veterans are issued TV’s for communication and are without telephones or mail service. I’m a simple man but when I want someone to know something I often use our precarious postal service or pick up the phone. But then Canadians wouldn’t see what a great job the conservatives are actually not doing. If this government was doing a fair job they wouldn’t have to figure out ways of confusing Canadians.

Spending $ 103,649.00 on promoting Tweets does little good to veterans who haven’t a Twitter account. This government is more interested in reaching out to those who haven’t yet been betrayed. You’re an idiot if you need 144 characters to message a hero. It is unfortunate for all Canadians that we are lead to believe by this government more than we are led.

We just passed a huge tribute to World War 1. The same heart that took Vimy, stormed Dieppe and battled Afghanistan. We mustn’t pay tribute only to one conflict or simply the fallen. It is a slap in the face to others who withstood and endured. The conservative answer to selflessness is self promotion and pitiful politics. We must support these brave men and women whenever and wherever they need a hand. We do not leave these men and women injured in the field of battle but we are doing just that at home. It is the epitome of disrespect and I am ashamed that the conservative government thinks more of self promotion than the sacrifices these individuals have made. The blind can see and they can also vote.

For further reading search my blog for “A Disservice To Common Sense.”

Not Criminally Responsible: The Burden of Accusation and Popular Misconceptions

This an essay I wrote while in college several years ago. It’s not my usual writing style.

On the surface, to be found Not Criminally Responsible (NCR) would be more acceptable and advantageous than a guilty finding. However, responsibility and blame are placed on NCR individuals even though the law finds them not responsible, and they are subjected to punishment and a loss of liberties which is comparable to penal sanctions. The number of Not Criminally Responsible individuals is statistically overestimated in the judicial system and NCR individuals are thought to be prescribed shorter sentences. Being NCR also means navigating through a new world of social stigma which exceeds that of a common criminal. Individuals who commit a crime and are considered or found Not Criminally Responsible face more severe social consequences and punitive measures than criminals tried and or convicted without the Not Criminally Responsible defence.

NCR offenders are the recipients of additional blame due to the effects of the “just world hypothesis.”“The just world hypothesis (Lerner & Simmons, 1966) states that individuals believe that people have direct control over their fate and get what they deserve in life” (Murray, Spadafore, McIntosh 35). The just world hypothesis applies to victims whereby blame is placed on a victim to reinforce a person’s belief that somehow people get what they deserve. Since this may be an automatic process (Murray, Spadafore, McIntosh 35), it can be hypothesized that in the case of an individual losing touch with reality and acting unlawfully as a result, more blame may be placed on this perpetrator who in essence is also a victim. The law clearly states that such individuals are not responsible. To accept the fact that they are not responsible, one has also to accept that mental illness can strike an individual through no fault of their own with severe ramifications. Those found NCR are in fact victims whose existence threatens the ideal of a predictable and just world where we control our own fate. People are uncomfortable with mental illness because it is indiscriminate and has no apparent cause. Kay Redfield Jamison a well known author and psychiatrist who is bi-polar experienced the effects of the just world hypothesis in response to her book. She states, “I received thousands of letters from people. Most of them were supportive but many were exceedingly hostile. A striking number said that I deserved my illness…” (Jamison 533). Not Criminally Responsible individuals face the same hostility.

NCR individuals are not spared punitive measures. There are several purposes to punishment. People feel the need for retribution – some form of punishment comparable to the harm done by the offense. Society also believes punishment serves as a deterrent to the offender and others (Pollock 265). Both purposes are problematic. Retribution is not equal to the crime in many cases. Some people are comfortable in jail while others suffer greatly. For those suffering from mental illness, jail can be terrifying. Often the correctional response to mental illness is isolation, which can make symptoms worse (Kondo 255).Brad, whom the author interviewed and who suffers from schizophrenia, spent his 4 months in jail (waiting for transfer to a hospital), isolated in medical cells where there are no TV, radio, books or news, natural light, or cellmates. Mark, another interviewee, spent 8 weeks of his ten months between the “Hole” and medical cells. The “Hole” has no mattress during the day, 24 hour light, and “a four inch window with a view of a wall.” Kondo describes what it must be like for NCR individuals in jail; “to be in jail is a miserable, horrible experience. It’s full of shame, it’s full of defeat, it’s full of hopelessness, it’s scary. It would have to be 10 times more difficult for mentally ill offenders than for those without phobias, depression, schizophrenia, or other disorders” (255). The experience of jail without delusions, hallucinations, and depression invokes anxiety in most of its inhabitants.

People who are unable to appreciate the nature of their crime, specifically the fact that it was criminally wrong and probably morally wrong, many times through treatment come to the full realization of their act(s). For some, the extreme disparity between their actions and their true nature is overwhelming. Scott, stated “that not a day goes by when I don’t think about it.” Despite not choosing their predicaments and being victims of an illness, many NCR patients take responsibility for their actions and the burden of their illnesses. For those seeking retribution, reality and the memory of crimes committed can be a significant and severe form of punishment for these individuals.

As a deterrent, punishment is ineffective. If it was effective there would be no crime to punish (Pepinsky, Jesilow 122). Others would view the punishment and be deterred while those who were already criminals would be deterred and not re-offend. In 2004/2005 approximately 32,100 adults were incarcerated (Beattie 2) with minimal change to crime rates. Furthermore, one third of offenders re-offend within two years (Beattie 13). Allowing a very small percentage of individuals to circumvent the penal system has little effect on deterrence which may have minimal influence anyway.

Another purpose of punishment is incapacitation, whereby a person is prevented from committing future offences (Pollock 267). Those found Not Criminally Responsible are generally housed in maximum security units initially. According to Scott, at Regional Mental Health Care in St. Thomas, the maximum and medium secure forensic units have bars on the windows, security cameras throughout the common areas, metal detectors and a series of locked doors off the unit. There can be little doubt that while the patient is in the assessment stage and early stages of treatment and recovery he/she is no more capable of escape or re-offense than a criminal. Brad, who is under a community detention order, explained that individuals are monitored by a psychiatrist, psychologist, social worker, mental health nurse, and other support staff. Most accused are required to comply with drug and alcohol screening and have geographical limitations; all of these conditions can be considered forms of prevention.

A general misconception is that NCR individuals receive lighter sentences. If the individual is deemed to not be a risk to the public he/she may be released immediately, but this provision is very rarely exercised (Gray, Shone, Liddle 337). Individuals receive a yearly hearing whereby the Ontario Review Board reviews their status and either recommends that they remain in hospital, be released with conditions, or receive an absolute discharge (Gray, Shone, Liddle 337). There is no cap to the time an individual remains under a Disposition; therefore, patients are detained indefinitely and are often held for periods longer than what would be prescribed for a criminal who was found guilty of the same offence without a mental disorder (Adshead 302). Mark’s offence was criminal harassment, which is sometimes dealt with by fines (Statistics Canada). He spent 10 months in jail which, because it was pre-trial custody, would count two for one (20 months). He spent two years incarcerated in the hospital and has been in the community for two years conditionally. This example illustrates the fact that not all NCR patients “get off easy.” As McLaughlin points out: “Charter challenges to these lengthy incarcerations have failed…” consequently this defence is usually employed in more serious crimes (1).

Another popular misconception is that those found NCR are prevalent in the justice system. Using statistics from Baltimore, the data does not support this view. Of 60,432 indictments only 190 plead NCR and all but 8 dropped the defence. These 8 were unchallenged (Janofsky,Dunn, Roskes, Briskin, Rudolph, Lunstrum 1464). Janofsky et al also found college students believed the defence was used 80 times more than it actually is and they thought it was successful 3,600 more times than statistics show (1464). The American system varies from state to state but is comparable to Canada in most states making these findings statistically relevant (Viljoen, Roesh, Ogloff, Zapf 369). This severe misconception is a direct result of popular media. NCR cases are consistently reported because they are controversial and often high profile because of their severity. Because so many of these cases dominate the media, while similar criminal offences do not, the public overestimates their occurrence.

Those found NCR suffer from a double stigma. Not only are they labelled criminals but they also have to deal with the stigma of being mentally ill. For some, they have had no experience with either and find the labels humiliating and isolating. By demonizing and blaming those who are NCR, they can be labelled as insane. Blaming serves two purposes. Their actions and illnesses can be written off as aberrations that could never happen to normal people, which supports the just world hypothesis. And labels provide mental molds that can be cast for people so others feel separate and safe from them. If they are not stereotyped and compartmentalized they are allowed to occupy what comprises the “normal” world. Labelling and stereotyping negate the possibility that one could be as they are or that they could possess similar human characteristics. As a name and object of scorn or hate they are dissimilar and one could not imagine being as they are. Link and Phelan mention labelling as part of the stigmatization process . . . . “ the group doing the labelling separates ‘them’-the stigmatised group-from ‘us’(Link, Phelan 528).

McFadyen’s comment that there are more dangerous people roaming the streets than there are in forensic hospitals is logical (1436). In reality, many people fear those who are NCR. People fear the unknown and many know little about mental illness and this aspect of the law; most rely on movies and news headlines for their information. Many are terrified by the prospect of losing control of their minds or emotions and most pride themselves on being rational and in control. To think there are illnesses that can destroy what is essential for functioning, is terrifying.

To be found Not Criminally Responsible is not an easy way out. Responsibility and blame are still attached to these individuals, often by themselves. Most are subjected to jails and are forced to navigate this system and its inhabitants with the disability of a mental illness. NCR individuals usually serve time in secure hospital settings often for lengths exceeding traditional sentences. They are also a very small group of offenders who in no way exploit the legal system but are in fact prone to abuse by it. Most significant for these individuals is that society deems them as criminal and insane, leaving them to deal with stereotypes and stigma and the social isolation that accompanies them. Adshead sums up the predicament of Not Criminally Responsible individuals when he states, “it is hard not to perceive that the interests of mentally abnormal offenders come at the bottom of almost any list of priorities; partly because such patients are vulnerable and can be exploited, but also because they are ‘guilty’ individuals, and can thus claim less moral or legal protection” (302).