Pridefest: If it is a campaign of conversation “Stop It” is no way to begin it

Posted on July 23, 2015 by brettbatten

When you constrict the tongue so too does the mind. The community of London is being encouraged to pledge to not be bystanders to homophobic, biphobic and transphobic language. In reference to this pledge the slogan is “If I hear it. I will stop it.”

If it is a campaign of conversation “Stop It” is no way to begin it. ‘If I hear it. I will explain’ seems a more attractive slogan. ‘If I hear it. I will speak.’ It is easier to start a conversation than to institute a conversion.

I don’t have a problem with the tone of this endeavor but I do have an issue with the type. As an individual who experiences a double stigma any effort in the direction of civility and ending stigmatizing language has my support. I also support any and all sexualities and points of gender in or out of a parade.

I was told I could research before I went down to Pridefest so I would be informed enough to avoid being “stopped”. Should people need to be educated to attend an event or should the event educate people? You can’t control ignorance. Stigma does not disappear with the end of insensitive references and terminology. Much of the stigma I experience has nothing to do with insulting words.

We have to let people catch up with their minds before we can make a lexicon let alone enforce it. Not every tongue is tied to the same point of appropriateness. Why would a celebration of variances of sexuality and gender want no variance in expression? This campaign creates a barrier for mindful experimentation in exposing old ideas and perceptions to new information.

Having a faction who has declared to “stop” some hurtful reference or word erodes the inclusiveness LGBT… are trying to create even for themselves. Isn’t not tolerating intolerance, intolerance itself? The individual who may not be up to speed risks some form of public correction of what in essence is a collection of experiences, upbringing, exposure and more.

It seems Londoners are being called to conform to some yet unidentified lexicon. To unleash even a small team of enforcers to the vagueness of insult is worrisome if not more. I don’t think you can argue that an acceptable reference to LGBTQ…“members” is an evolution. The problem with offensive language is it can be anything to anyone. Further it is always changing. It wasn’t many years ago that LGBT was an appropriate short form. Today I don’t even know since it has been altered to be more inclusive. I’m not sure it progresses dialogue to point out a failing of being up to date with each sensitivity in a group of individuals with differences themselves.

How do you define let alone defend a collection of varying sensitivities? It seems this campaign will have an array of individuals with a series of sensitivities correcting and “stopping” an array of individuals who may voice beliefs that have been determined by circumstances they may have not chosen. In essence the most sensitive individual dictates discourse and dialogue dies.

I don’t think you can take a point in time and expect the linear processes of thought and thus speech to equally reflect some unidentified line of right or wrong. You are essentially pulling a rope that will miss those who are better informed while sweeping the feet out from your fellow citizens who may not be at the point you desire.

I don’t get out much but my impression of this festival would be one that allows. Are we at a point where groups demand tolerance? For some Londoners the LGBT… community would be one they know little about. Is it much of an invitation to them to expect each and all to know the parameters of some code of language? Is it fair for those not in the know to research to find your demands? Can’t they just show up? Why throw a wall up for someone who does not totally understand you? Shouldn’t individuals who misperceive be welcome to express themselves freely? The police cannot “stop” what can come from our mouths other than what is codified as improper. The rest falls to free speech.

LGBT… reality and references cannot be imposed on people. Stigma comes from the mind not the tongue. Some Londoners may have more experience in past prejudices than present progressive phrases. Some Londoners are not up to speed with what might be appropriate presently. Should we expect that individual to conform with language that others institute as not publicly permissible at LGBT… events and across the city? Surely with this petition those who sign their names are given a list of what exactly they intend to “stop.”

If you are inviting Londoners to witness your humanity so must you witness the visitor’s. If there is a group in London that is walking around scouting sentences it is a duty to provide a list of what it is this force deems as inappropriate. If such a list has not been compiled already then what is being enforced is at the discretion of each individual pledged. This is unfair. Have the pledged been informed officially how to respond? Have they been told to ask questions first or simply correct? Are Londoners to expect a defined response to something they could invariably say or is that at the discretion of the pledged? If the parameters are black and white they should be printed. Promising to point out offensive remarks on the spot is only fair if the attendee is aware of what is considered offensive.

This campaign focuses on the tip of the iceberg. The tongue is built on a mass of information, experiences, exposures etc. If you cut a person’s tongue out they can still bleed hate. This seemingly innocuous gag order will provide an illusion of respect but create little. If we keep our streets safe for any terms presently legal the opportunity to make an impact on the submerged portion of the iceberg is possible. The tongue is only the tip. Change people’s minds and you don’t have to change what they say.

In my own experience with mental health I have experienced terrible insults but I cannot control where an individual is at. I cannot change their childhood. I cannot change the year they were born. I cannot change what they witnessed or did not witness in media, school etc. The insults I hear are connected to years of misinformation and correcting a word or phrase does little to alter the mass of misunderstanding. It stifles the dialogue when we pounce on phrases and there is the risk the offender will retreat and we will never learn about each other.

Are the pledged pure of speech? Has a lesbian ever made a demeaning remark about mental illness or one with it? It becomes a maze of sensitivities for us all to wander through. There is a point where the offended must provide an element of resilience. To single out an individual for their perceptions, prejudices, and experiences is also unfair and slightly counterproductive.

Individuals who use inappropriate language are often a product of society. Perceptions and prejudices need to be altered before language evolves to the point where it reflects inclusiveness and acceptance. If you want others to accept where you are at then it is only fair to accept where others are at. Insults often arise out of fear and a sense of being threatened. I see this pledge as creating more of the same. When language and opinions are tolerated they can be changed. When you attempt to “stop” language it curtails having opinions and in some cases ends the conversation.

What if an individual with mental illness is at your event and speaks inappropriately? What if this or any individual does not comply? Are there instructions to walk away? You know, enjoy the parade. If you’re looking over your shoulder at what I’m nattering about you will miss seeing the floats. Some of these individuals may be part of your community or transitioning into it. You are going to scold them on the street? I was assured that intent would be taken into consideration but I was not set at ease imagining each and every pledged being a mind reader. I don’t believe you can uncover intent on the sidewalk or at the mall. Legally it can only be proven in court.

If you want others to be tolerant so must you be. Open dialogue is preferable to vows of intolerance. It is unfair not to accept Caitlyn Jenner but it is equally unfair to expect people to transition mentally and socially overnight. If someone I have been exposed to for years showed up as a different or altered gender would it not require time and dialogue to adjust to the new information?

Creating an open and accepting environment becomes difficult when people sign a contract to “stop” anything. It would be hypocritical of me to sign such a pledge without also ensuring I am sensitive to every other individual who is different from me. I would need a PhD just to keep track. It is impossible to end intolerance and stigma by attempting to ban it.

For some Londoners attending Pridefest requires leaving their comfort zone. This pledge is a poor replacement. We all have prejudices however slight. Much of a prejudice is not intentional thought. People don’t purchase “Intolerance for Dummies” and study ignorance. It stems from a lifetime of information. I’m not sure we should fault people for what they may or may not know.

There may come a day when everyone is sensitive to TGBLQ… individuals but to force it will only create a semblance of change rather than real change. My sense is that Pridefest has changed and evolved as have Londoners in general even over the past five years. Did this evolution occur with a pledge campaign? Will it not continue to evolve without a pledge?

LGBT…individuals have millions of supporters, are organized, have political influence and presently a friendly government. Many in our community do not have any of these things. Celebrate what you are but be grateful for what you have been able to obtain. They are privileges some do not have. As far as this pledge I would firstly question my own mouth before I vowed to refashion someone else’s.

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

Posted on May 6, 2015 by brettbatten

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.

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

Posted on March 21, 2015 by brettbatten

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.

Posted on March 3, 2015 by brettbatten

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.

You Say “Healthcare,” I Just Shake My Head and Cry

Posted on February 27, 2015 by brettbatten

I have no “craving” to return to the issue of smoking on hospital properties and it seems a lost cause but I will. Let’s just consider it a “bad habit.”

I was on hospital property myself yesterday. When I left the architectural brilliance and heat of the building itself I noticed a gentleman in his 70’s hunched over in a wheelchair. He appeared to weigh something near his age and seemed somewhat compromised. I imagine his struggles are profound even within hospital but he was attempting to smoke in the wind and cold about 40 feet from the hospital entrance.

It has been minus “21 Forever” here in Ontario and yesterday was no exception. No exception seems to be part of the problem. This man was breaking hospital rules and even the old rule of not smoking within 60 feet of a hospital entrance. I don’t imagine he had a rebellious heart or complete disregard for rules, I think he may have been unable to make it off hospital grounds and the temperature itself may have been a further hurdle. If my ears nearly freezing are evidence of anything his wheelchair wheels may have been frozen.

There needs to be more communication between agencies in the region. When the Health Unit and police agencies issue a cold weather advisory and warn people to stay inside it may be prudent to apply this information to hospital staff and patients. It may even be important to ensure that 70 pound patients in wheelchairs have a safe and suitable place to smoke. Maybe the blankets were being laundered but this gentleman was under dressed for what I barely endured with half the exposure. This individual is unlikely to quit smoking in his 70’s or in his proximity to illness. It may be a bad habit or a long time pleasure.

We can all be proud of moving in the direction of a “Smoke Free Ontario” but my grandfather shouldn’t be run over in the process. He wasn’t my grandfather or I would have brought him home from the illusion of healthcare he was enduring. He is however someone’s grandfather, “bully for you.” I hope some idiot or at least the compassionate committees who have brought us this far find satisfaction in such an individual being tortured in the guise of health and healthcare. If you think smokers are going to hell it is no less sinful to expose them to anything similar here on earth. Perhaps we should pray on this.

I wanted to take a photo of this poor gentleman but I did not want to remove my gloves which he was without. I also respect patient confidentiality and it would have been a blurry shot as he was shaking so hard. Oh well, the rightless wretch will soon be dead and we will not be so uncomfortable in our conscienceless ideals. The grandchildren who attend his funeral will no doubt find peace that his last days were dignified and comfortable. They will hopefully find comfort that he was “exposed” to the most advanced and compassionate healthcare available.

I’m not saying hospitals are being heartless but providing a wheelchair becomes ironic and disingenuous when a 70 year old patient is allowed to suffer from exposure and near frostbite. I was in the same elements for a shorter duration and in an appropriate winter coat and I couldn’t wait until I reached my frozen car. This gentleman was under dressed and unable to access proper shelter or even stamp his feet to provide a sense of warmth.

I don’t know how we get around ridiculous rules but I would suggest those who are making them spend 6 minutes in a wheelchair, in a jacket, in minus 20 degree weather. It may provide enough exposure to uncover enough empathy to enable true compassion if not sense.

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

Posted on February 24, 2015 by brettbatten

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.

Welcome to Canada my friend and thanks for diluting these conservative creeps.

Posted on February 14, 2015 by brettbatten

I have been feeling a little low lately but I have received news that if nothing else has cured my cursed cold. It seems Sun News Network has gone off the air. I guess there was some truth to my mother saying “if you have nothing good to say, don’t say anything at all.” She was probably trying to get me to shut up but she might find peace knowing at least a few conservative morons can be muted.

Ezra Levant apparently “doesn’t know what he’ll do next”, like he ever did. I have some suggestions but my blogs of late have been peppered with profanity so I too shall say nothing at all. According to Ezra Levant he still has “a lot of things to say.” So does a three year old high on Kool-Aid but we don’t let them host their own news program. Ezra Levant seems to have borrowed some of the Prime Ministers skills for mathematics. Ezra Levant thinks “people had a passionate response to the Sun News Network, pro or con, that they didn’t feel for all news channels.” Only a conservative political pundit could project that 8 thousand viewers out of a potential 5.1 million is a passionate response. This goof must have had a honeymoon with every girl that rejected him in high school. With an ability to spin like that no doubt Ezra Levant will replace Stephen Harper’s chief spokesman in another 18 months. For some “reason” or lack thereof the Prime Minister goes through spokespeople like a three legged man goes through underwear. “DAMN! Laureen can you get me another one out of the drawer?”

While I am nursing on news we might want to discuss our disgusting Justice Minister Putrid Peter MacKay. His cronyism knows no bounds. In Nova Scotia it seems one can purchase the position of a judge. I’m not suggesting that Putrid Peter MacKay is being paid directly but then again I am. It seems if you practice law for ten years and make enough of a donation to the Progressive Conservative Association in Nova Scotia, which resembles a tit for Putrid Peter, you too can earn $300 000 per year. It must be like some pension plan you pay into and to me it resembles a construction contract in Quebec.

Putrid Peter will argue that no such unscrupulous appointments are taking place. Being a lawyer he will enter into evidence the best man from his wedding, the best man’s wife and Putrid Peter’s father’s campaign manager. All are now judges. I’m not sure what you call appointing your cronies but it’s a lot like institutional incest. I am officially frightened to travel to Nova Scotia now. I don’t know any MacKay’s and I’m a leftist lunatic. They will probably put me in front of a firing squad for going 80 in a 60 zone. If I’m lucky my fine will be filtered directly into Progressive Conservative coffers.

While we’re on the topic of stupid things conservatives do and say we need to turn to the “Turkey ala King” himself. Stephen Harper is a national nuisance and upon opening his mouth again he has revealed he is the nincompoop of nuance. He is force feeding the country that anyone with a tan or tint is a conspiring jihadist. He wants to be able to stick his nose where it doesn’t belong and root out anyone who doesn’t agree with his cocktail of confusion. It’s not enough to intimidate and audit birdwatchers so now he wants to be able to bust down their doors. Why you ask? Because he thinks he can best display his brand by being the party best suited to defend the nation. It is nothing short of baffling brilliance and strategic stupidity to find Sir Franklin’s centuries past sunken ship in the arctic when in fact we need bullets for barbarians. If this is what the prime minister considers a war measure we are all sunk.

Who wants to go fight anywhere so when you get home he can turn his back on you anyway?

I think we have a problem with ISIS but I don’t think we solve it by becoming anti-Muslim maniacs ourselves. The courts have ruled that signing a citizenship form can be done with a veil or Niqab. I’m not sure why anyone needs to wear a veil but why can’t people eat pork? Because it is part of their belief system which is theirs to cherish and ours to respect and vise versa.

The Prime Minister opposes the court ruling and in defense claims, “This is a society that is transparent, open and where people are equal.” When I hear that man use words like open, transparent and equal I am nauseated by the hypocrisy and I see in front of me the big bad wolf wearing granny’s pajamas. Stephen Harper is about as open as a fossilized clam and as transparent as any of his redacted media releases which usually need subpoenas and official access to information requests. This man’s idea of equality is a special paint job for his airplane while children on federal reservations go without food, medicine and clean water. We didn’t make Diane Finley show her face when she sat in parliament.

I don’t care what your religion is, what you eat, what you believe, what you wear or if you take the citizen oath covered in molasses. Welcome to Canada my friend and thanks for diluting these conservative creeps.

Ontario Hospitals Need to Give Their Head a Shake

Posted on February 10, 2015 by brettbatten

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.

Unfortunately, these well meaning but overbearing boardroom bureaucrats fail to fathom the positives and pleasures of smoking.

Posted on February 9, 2015 by brettbatten

I had a friend put a bee in my bonnet. It could be argued that it was always there but I shall defer a degree of credit to him. The issue is hospitals making smoking illegal for psychiatric patients.

My health or lack thereof is still “my” health. When we crowd individuals with serious and persistent mental illness off hospital grounds to smoke the message is, “we want to make you healthy and we refuse to enable non-healthy behaviours.” It appears to be an admirable avenue but it is still a slippery slope. If non-smoking initiatives are embraced it enables preventing patients from any behaviour including ingesting pizza and pop.

Obesity is as problematic as smoking. Will it be next or can we continue to consume chocolate? A serious and widespread side effect of some psychiatric medications is weight gain. If it is prescribed by a psychiatrist there seems to be no dilemma but if I thrive on soda pop it is unacceptable. I knew individuals who were policed for their pop consumption. The one individual I recall most was allowed to drool uncontrollably but liquid running in the other direction was monitored and measured.

If your argument is that second hand soda doesn’t affect others I would have you stand at the side of a highway or avenue and measure the cocktail of car exhaust you breathe in. When I first arrived at the forensic hospital in St. Thomas we had smoking rooms with cushioned chairs and TV’s. I quit for a period and don’t recall any smoke in the hallways. The smoke was contained in a humane way using air exchangers. The smoking rooms were closed while I was there but the asbestos and lead paint didn’t seem problematic.

Unfortunately, these well meaning but overbearing boardroom bureaucrats fail to fathom the positives and pleasures of smoking. We can all relate to the benefits of joining friends for a beer or meal and smoking is no different. Should relative health supersede happiness and free will? Even the executioner has the mercy to offer the beneficiary of bullets a cigarette as a last wish. Smoking is unhealthy and slightly disgusting but for a depressed patient it may offer four minutes of pleasure. It can be a reminder of normalcy and freedom in a situation of caregiver custody.

There are more productive pleasures but who doesn’t choke on other people’s ideas of what they should be doing with their Loonies, lungs or legs? Autonomy must be complete and absolute wherever possible and practical or else patients are essentially prisoners.

I was in Stratford Jail when the province issued a smoking ban in those institutions. I remember a notice in Admitting and Discharge:

“The jail will be smoke free as of November 22nd. We suggest you either quit smoking or stay out of jail.”

Hospitalization is not a choice or a poor decision. To deny a patient a pleasure they are likely addicted to on the street is punitive, cruel and misguided. If you choose not to smoke I admire you but don’t deny me the dignity of my own decisions. Don’t put me in the cold and rain on the side of the highway in the guise of care or because of your self-righteous beliefs and behaviours. Others are not stupid or wrong they simply have other priorities, likes and habits.

To deny an individual dependent on tobacco as a coping pleasure is nothing more than institutional primacy which places patients beneath the institution.

“It is a kind of cold and uncaring environment”

Posted on October 4, 2014 by brettbatten

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

Posted on October 3, 2014 by brettbatten

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.

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

Posted on August 21, 2014 by brettbatten

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.

Dumb and Dumber

Posted on August 17, 2014 by brettbatten

With the conservative government dragging their heels on anything proactive regarding the recommendations put forward by the inquest into the Ashley Smith homicide I must speak.

Sometimes surfing the internet is a vice but I have been fortuitous in stumbling on the Correctional Service of Canada (CSC) Commissioner’s Directive. The 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.

From personal experience and more radically from the circumstances of Ashley Smith’s death I feel obliged to point out to the commissioner or anyone else who doesn’t care, that community practices do not include solitary confinement as a default. It seems individuals in corrections feel solitary confinement is a panacea. We leave medicine up to people who are trained to turn keys and push food carts. I can’t believe we pay correctional officers $50 000 a year to call surnames, inspect anuses, turn a key and distribute diets. In Canada we need at least two guards and a lieutenant to orchestrate the ordinary.

Please don’t assume I am a disgruntled delinquent. The same stupidity can be found in many public services. Last month the London Fire Department was experiencing some form of inefficient insomnia or doing some sort of safety blitz. On three separate evenings a full size fire truck pulled in front of my house. I tend to self-isolate and have a degree of agoraphobia so I ignored them the first two times when they knocked on my door. I finally relented and decided my discomfort was less important than the tax dollars that were blowing down the street.

It took two “blueshirts” or regular firemen and one “whiteshirt” or supervisor to canvas me about having fire detectors on each floor and a carbon monoxide detector. It was costing Londoners about $153.00 per hour to have these bored but brave men go door to door and that doesn’t count whatever the hell it cost to fuel a fire truck at $1.39 a litre. Get a Smart car dumbass! I may be an idiot but wouldn’t it make more sense to have a 15 year old who needs volunteer hours to pull a Radio Flyer wagon full of batteries and smoke detectors through the same neighbourhoods to hand out to citizens without? We could save money as taxpayers and probably save more lives. I understand the dilemma. What would fire services have to bargain with if they did less than less?

I digress but it is an honest diversion. While I was in jail I also had “blueshirts” or guards come to my door with the odd “whiteshirt” in the background making sure my captors didn’t screw up simplicity.

According to the Correctional Service of Canada Commissioner and their Response to Medical Emergencies: the primary goal is the preservation of life.

• Non-health services staff arriving on the scene of a possible medical emergency (like a ligature around the neck) must immediately call for assistance, secure the area and initiate CPR/first aid without delay.
• Non-health services staff must continue to perform CPR/first aid until relieved by health services staff or the ambulance service.
• The decision to discontinue CPR/first aid can be made only by authorized health services staff or the ambulance service.

Here I can only wonder why “whiteshirts” were making decisions they were not authorized to make. “Blueshirts” overrode the commissioner’s directive as well. Insubordination and insanity.

Any poor “blueshirt” or guard who can read or remember must have been pacing frantically at watching Ashley choke when we consider the following directives.

• Initiation of CPR by non-health services staff is not required in the following situations:
• Decapitation (i.e. the complete severing of the head from the remainder of the body)

Correctional officers must be known to be overzealous in administering life saving measures if they have to be formally called off when a head is not attached to a body. The correctional officers outside Ashley’s cell must have been convulsing with compassion when they could see she was not dismembered. “But Boss, her head is still on.”

Another instance that does not necessitate CPR is:

• Decomposition (i.e. condition of decay, deterioration, disintegration of the body)

This directive has a place in a correctional setting considering the care many inmates receive. One would assume that an ordinary citizen wouldn’t require i.e. and an explanation of decapitation or decomposition but apparently correctional officers are so thorough in their first aid they need “too far gone” spelled out.
Only in a correctional setting where charges are checked every 20 minutes could one find a corpse in a state of decomposition. “But Boss, I counted him for the past three weeks.”

Considering these directives it seems incomprehensible that Ashley Smith was watched by corrections officers as she choked to death. How is it that when she fell unconscious with her head attached and in no way decomposing no one intervened? It seems ironic that inmates are in these facilities for not following written rules but those who are charged with assisting and encouraging offenders to become law-abiding citizens can pick and choose or even fabricate their own. In Ashley’s case the result was both sadistic and sad.

http://www.csc-scc.gc.ca/text/plcy/cdshtm/800-cde-eng.shtml

Not Criminally Responsible: The Burden of Accusation and Popular Misconceptions

Posted on June 1, 2012 by brettbatten

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).

Brett Batten

Author. Advocate. Educator

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