Category Archives: politics

The Largest Minority Round Table Discussion: Glee and Disability in Pop Culture

Last week s.e. smith and several other members of the disability community, including Alice Sheppard (a dancer with AXIS wheelchair dance company), TK Small (a lawyer and disability rights activist), Christine Bruno (who works with the advocacy group Alliance for Inclusion in the Arts), and Maysoon Zayidd (an actor and comedienne with Cerebral Palsy).

came together on the WBAI show The Largest Minority to discuss Glee and depictions of disability in popular culture. This particular episode of the radio show was inspired by s.e.’s post, A Very Glee Christmas.

You can download directly from their site: This is a direct download link to save-as. Alternately, you can play it on the WBAI site by going to their archives and scrolling down to Shared Timeslot Wednesday 10pm to 11pm on Wednesday, December 22, 2010 10:00 pm. Alternately, you can read the transcript.

The actual show itself doesn’t start until 3:52 in to the program slot.

It’s taken me a while to get the transcript of this done, for which I apologize. I did mean to get this up far faster than I did. I also should note that I had some difficulties always identifying who was speaking, and there are points in the program where the show’s audio cuts out terribly and I’m unsure what they’re saying.

Continue reading The Largest Minority Round Table Discussion: Glee and Disability in Pop Culture

Howard Hyde Inquiry Ignores Ableism As Cause of Death

Note: This post discusses police violence against people with mental health conditions.

The results of the Hyde Inquiry were released on Wednesday.

Some things about the Hyde Inquiry, since I don’t think it’s been widely covered outside of Nova Scotia. I wrote this summary several months ago:

Howard Hyde had a diagnosis of schizophrenia. The treatments he was on were making him sick, so he stopped taking them. He became violent.

His wife called the mobile mental health team – a project in Halifax that will go to you rather than you needing to go to them. She then called 9-1-1.

Two days later, he was dead in police custody, having been tasered.

Various things went horribly wrong. Among them were -and continue to be – the police’s inability to deal with people who have schizophrenia, amongst other mental health related conditions.

What they should have done was taken him to the hospital. Which they did, for a bit, and then left, returning him to lock-up.

His wife had tried to contact them and make sure that he was okay, and that they were aware that he had schizophrenia.

“I really wanted him to be in the hospital and get the treatment he needed for psychosis,” she said.

He had been taken to hospital for assessment, and the hospital staff requested that he be returned to the hospital after his arraignment hearing. He was not.

Parts of the surveillance tape of the tasering itself are “missing”.

“Hyde began struggling when officers tried to cut the string from his shorts. Though images were not caught on tape, surveillance audio recorded sound of the scuffle. Edwards can be heard saying “Howard, sit down.” Fellow Const. Greg McCormack is then argued to have said “You’re going to be doing the f***ing dance next, Howard,” although his voice is muffled.

It was also revealed that more than 30 minutes of footage of Hyde in a cell waiting to be booked has gone missing.”

I’ve since learned that what was actually said to Howard as the police officers approached him with a knife:

A surveillance camera captured the moment when an officer told Hyde a utility knife would be used to remove a knot from the drawstring in Hyde’s shorts, saying: “I just have to cut off one of those balls there.”

Anyway, as I said, the results were back. After 11 months of looking into the death of a man who police were called to help, we’ve all been told that Howard’s murder was an “accident” and it had nothing to do with his mental health condition.

“The only useful approach is to understand that Mr. Hyde died because of physiological changes in his body brought on by an intense struggle involving restraint,” Derrick wrote. “He did not die because he was mentally ill.”

I suppose this is technically correct. Howard’s death was not because he was mentally ill, his death was because the police were ill-equipped to deal with someone having a mental health crisis. I don’t have statistics about the number of men having mental health crises that are murdered by police officers every year, but I do know that I can’t go a whole month without at least one report, and it’s an issue that the Chief Justice of the Supreme Court of Canada feels needs to be addressed.

I think it is naive to state that Howard wasn’t murdered because of his diagnosis. I think it ignores a frightening history of people with mental health conditions being murdered by police officers. I think it ignores that the criminal justice system is not equipped to effectively deal with people with mental health conditions. I think it ignores that there are limited resources available for people with mental health conditions and their families to get the help they need to cope with crisis situations.

I think it completely ignores the fact that Howard’s wife called the police for help, and two days later he was dead.

So yes, Howard Hyde isn’t dead because he had schizophrenia. He’s dead because ableism kills.

What is Ableism? Five Things About Ableism You Should Know

Ableism is discrimination against people with disabilities, including the expression of hate for people with disabilities, denial of accessibility, rejection of disabled applicants for housing and jobs, institutionalised discrimination in the form of benefits systems designed to keep people with disabilities in poverty, etc.

1. Ableism has a dictionary definition.

The Oxford English Dictionary traces the world ableism back to 1981; likely the word was in use amongst activists before then.

[< ABLE adj. + -ISM suffix, after RACISM n., SEXISM n.2, etc. Compare ABLEIST adj., and also earlier ABLED adj. 2, ABLED n.] orig. U.S. Discrimination in favour of able-bodied people; prejudice against or disregard of the needs of disabled people. 1981 Off our Backs May 39/1 ‘Ableism’that is, the systemic oppression of a group of people because of what they can or can not do with their bodies or mindsis the result of..ignorance. 1993 R. HUGHES Culture of Complaint iii. 162 But certainly clause (3) made it clear that he was against racism, sexism, ableism, lookism and any of the other offences against social etiquette whose proscription by PC was already causing such mirth and laughter among the neo-conservatives. 1994 Canad. Woman Stud. Fall 92/2 Just as there is racism in the feminist movement, there is also ‘ablism’. Able-bodied women have not fully accepted women with disabilities. 2006 C. OYLER & B. HAMRE in C. Oyler Learning to teach Inclusively viii. 145 Although racism and sexism..are recognized as serious challenges to fairness, equity, and democracy,..ableism is often not even acknowledged.

It defines ableist as “Characterized by or exhibiting ableism.”

I mention the dictionary definition because people often claim that ableism is a made-up word that internet activists created just to annoy them, as opposed to a word with history that people with disabilities ihave been using to define their experiences for at least 30 years.

2. Ableism can be deliberate.

A. The Canadian Government went to court so they could continue to make their web content inaccessible to screen readers.

B. Clint Eastwood argued vehemently that 10 years was far too short a period of time to expect that businesses would follow the Americans with Disabilities Act (ADA) and painted himself as a little guy fighting back against the “sleazy lawyers” preying on “the disabled”, rather than as someone who had been breaking the law for 10 years and was now choosing to fight for his right in court to continue to do so. John Stossel argued earlier this year that the ADA might require businesses to be accessible, and this was unacceptable 20 years after the ADA had been passed. [Content warning: John Stossel]

C. Where’s the Benefit has spent the last few months detailing out how cuts in spending will affect people with disabilities. It’s hard to pick just a few examples. How about the Member of Parliament who declared that anyone who was on Twitter too much wasn’t really disabled. Or what Disability Living Allowance (DLA) actually does being misrepresented by both the government and the press?

D. Dave Hingsburger: Service Interupted:

‘Purposeful exclusion,’ I said, ‘there is no way anyone could design this, approve this and build this, without knowing that people with disabilities will never be able to use it. That makes it purposeful. The fact that only certain people can now use it make it exclusion.’

‘I’m sorry,’ she said but I interrupted.

‘This is bigotry in concrete, this is prejudice made of steel and glass, this is how builders and designers and hotel managers spit in the face of those with disabilities. They knew, they didn’t care, they did it anyways.’

E. Politicians across Canada, who make 30 second advertisements that are carefully scripted to make the best impact, don’t use the subtitling option when they upload those same 30-second scripted videos to YouTube. But I guess some politicians are okay with their videos looking like this (image description below):

Photobucket

Image description: Michael Ignatieff (older white dude in a sensible blue shirt and tie, his hair a bit windblown) with the caption “Don’t let anybody into Medicare”.

Actual quote: “Don’t let anybody intimidate you”.

3. Ableism has an academic definition.

Here’s a good example:

Ableism is a form of discrimination or prejudice against individuals with physical, mental, or developmental disabilities that is characterized by the belief that these individuals need to be fixed or cannot function as full members of society (Castañeda & Peters, 2000). As a result of these assumptions, individuals with disabilities are commonly viewed as being abnormal rather than as members of a distinct minority community (Olkin & Pledger, 2003; Reid & Knight, 2006). Because disability status has been viewed as a defect rather than a dimension of difference, disability has not been widely recognized as a multicultural concern by the general public as well as by counselor educators and practitioners.

Laura Smith, Pamela F. Foley, and Michael P. Chaney, “Addressing Classism, Ableism, and Heterosexism in Counselor Education”, Journal of Counseling & Development, Summer 2008, Volume 86, pp 303-309.

You can also get a degree in Disability Studies. There is a Disability History Association. There are several academic list-serves dedicated to discussion disability. You can go to disability-studies focused conferences. You can go to Deaf-studies focused conferences. You can get a degree in Deaf Studies. You can read a wide variety of academic books that discuss the history of ableism.

Or you could read people talking about their lives on their blogs. There are a lot of blogs where people talk about experiencing ableism.

4. Ableism can be accidental. This doesn’t make it okay.

A. I don’t think Google woke up one morning and decided to make some of their products completely inaccessible to certain users. I know they managed to pull it off anyway.

B. I don’t the mainstream media woke up one morning en masse and decided to ignore protests in support of the Community Choice Act. I know they managed to do it anyway. More than once.

C. I don’t think Canada’s Minister responsible for Disability-related issues deliberately sought out a wheelchair-inaccessible space for her constituency office. I do think continuing to have it 7 months after this was pointed out to her in Parliament is deliberate, though.

5. Ableism kills.

Record of the Dead: October 2010
Record of the Dead: September 2010
Betty Anne Gagnon and Murder Most Foul
Quick Hit: Parents of Disabled Children
Tracy Latimer is dead because her father is a murderer

Dear Political Left: Enough With the Scooter Hate, Already

Every time there’s some political event where a bunch of people gather, some of those people are going to be using scooters (and wheelchairs! and canes! and walkers! etc.). And, invariably, people who disagree with the politics of that event are going to zero in on the scooter users, targeting them as objects of hatred and rage because, well, they’re there. And they’re convenient. From the political left, which prides itself on its ‘sensitivity’ and ‘respect for all people, even people it disagrees with,’ this is especially galling.

Thanks to the tea party in the United States, which is on the rise, there are plenty of events for people to pick from when it comes to selecting the ‘perfect’ scooter user to abuse. Here’s what I’ve learned about people who use scooters, from my fellow people on the political left: they’re old1 and/or fat, lazy, and stupid.

The scooter hate never seems to get old, and people never seem to think there’s any problem with it. It’s gotten to the point where when I’m on a liberal website and I see a picture of a scooter user, I scroll by really quickly so I don’t have to read the caption/commentary, because I already know what it’s going to say. There will be, say, a picture of an older person on a scooter, holding up a sign protesting government health care, and the caption will talk about how stupid and hypocritical the person is, sitting on a Medicare-funded scooter and bleating about government health care (I had no idea you could tell a scooter is funded by Medicare just by looking at it!).

I disagree with a lot of the politics on the right in this country. Vehemently. Just for example, the entrenched opposition to government-funded health care. But while I may disagree with the ideas being espoused by a particular political sign, I attack the sign, not the person holding it. I’m more interested in confronting and engaging with the ideas these people are promoting and I find it, well, interesting that many people on the left apparently aren’t interested in ideas, they’re interested in attacking people. It would be just as easy to challenge the assertions made on the sign without dehumanising the person holding it, but people seem to  have a hard time with this concept.

Now, the left is not alone in this. Scooter hatred is pretty universal. I’ve seen plenty of hateful stuff from the right, too, and I’m not giving the right a free pass here, but since I am a member of the left, I feel like it behooves me to talk about how people who share my politics need to clean house before I go storming over to the right to tell them what’s what. The fact that there are a myriad of left-slanting scooter hate pages on Facebook tells me we have a long way to go when it comes to confronting the deeply embedded ableism on the left.

There are a lot of examples of ableism on the left. Writing about liberal ableism, Annaham says:

For these liberals, everyone deserves respect and opportunity — so it follows that disabled people absolutely deserve to participate in society! Until, of course, accommodations for PWDs conflict with the desired pacing or focus of the liberals in question — or until the PWD no longer conforms to the “angelic” and/or “in need of uplift by the kind liberals” image. Yet often, these same liberals still insist that they can’t be ableist — they’re so progressive!

And, of course, there’s that very distinctive subset of liberal ableism, hipster ableism:

The most insidious thing, for me, about hipster ableism and other hipster -isms is that they are a thinly veiled way to continue being a prejudiced bigot. People can go right on thinking their prejudiced thoughts, and they can hide behind the shield of “humour” and “you just don’t get it” when they are challenged. Hipster ableism, far from being edgy and transgressive, is in fact very safe and affirming.

No indeed, the left is no stranger to bigotry and hatred shielded behind ‘jokes.’ People abuse scooter users in no uncertain terms, making it clear that they view them as subhuman, as worthless, despite the fact that, gasp, some people who use scooters? Are also members of the political left. And are perhaps not stoked at behind characterised the way scooter users routinely are by other members of the left.

This country prides itself on a premise of ‘lively political discussion,’ claiming that even people who disagree can have productive conversations about political issues and ideas. Dehumanising people is not my idea of ‘lively political discussion.’ In fact, it’s pretty much the opposite. When all you have to say in response to political ideas you don’t like is ‘you are not a human being and you are disgusting and you should die,’ that pretty much tells me that you are incapable of engaging politically with people.

Here’s Bill Maher on scooter users, in a quote drawn to my attention by Lauredhel:

New rule: If horror zombies really want to scare me, they have to walk faster. I don’t even have to run from zombies. I can saunter, amble, stroll, promenade, stop for coffee at Peet’s. Zombies, you may be a disgusting, barely ambulatory member of the undead, but so is this guy-[slide of overweight man riding motorized scooter-chair]-and he can catch me.

Leftie favourite Wonkette:

Oh, ye Armies of the Night! Rise up … or, hell, just remain seated. Remain seated, ye lardbottoms, and also stick to daylight hours, so you don’t run into each other, on those ridiculous scooters paid for by Socialist Medicare.

Wonkette also publishes and makes fun of emails from users asking them to reconsider their hateful language on scooter users. This is just the tip of the iceberg, people. I’ve lost count of the number of sites I’ve stopped reading specifically because of the way they talk about scooter users, let alone the other countless examples of ableism strewn across their pages.

Seriously, stop with the scooter hatred already. I don’t know how else to say it. I could say it’s boring, trite, and overdone. I could point out that you are assaulting people in your own movement, people who share your politics and want to engage on the same level you do with the political system in your country. I could talk about how it makes it look like you can’t defend your political ideals, when you can’t even muster a response to opposing politics. Or I could just say that as soon as the scooter hate comes out, I tune out, because I know that you have nothing of interest to say to me.

  1. A nebulous concept that seems to shift across decades depending on who is speaking

The Veil of Ignorance

As some of you who follow me on Twitter know, I spent the weekend in Kansas City with my grandfather, who had experienced an as-yet-to-be-diagnosed health crisis and was in the hospital. (Nothing is dire and he’s expected to make a full recovery and be discharged in the next week or so.) At home in Los Angeles, most of my hospital experience is with Los Angeles County Hospital, an enormous facility that is massively overloaded in trying to meet the health care needs of Los Angeles County’s indigent population. In Kansas City, I was spending time in the Rehabilitation Care wing of what seemed to be a very well funded private hospital. And the differences were monumental.

Los Angeles County Hospital serves about 39,000 inpatients a year, with over 150,000 emergency room visits a year. This is utterly massive, and has led to a lot of complaints about overcrowding, with allegations that emergency room visitors wait an average of 35 hours to be seen – sometimes without even having their vital signs taken. A recent LA Times story showed that likely because of administrative policy hiccups, a patient was admitted to another county hospital and was an inpatient for two days before being assigned a doctor. In another county facility, since closed down, a woman waiting to be seen in the ER bled out and died in the waiting room without being seen. Having spent some time at those hospitals, I can attest that while the relatively new buildings are pretty nice, the old building, in which a lot of care is still provided, feels like a rickety relic of the early 1970s, with sliding metal doors that make the patient rooms feel like drawers in a filing cabinet.

In contrast, this other hospital felt like a palace. There was free valet parking for outpatients. All of the rooms were private and spacious, with room for 9 visitors to fit inside and with a window looking out on trees in gorgeous fall colors. The nurses all knew my grandfather’s name, and his wife’s name, and my name, and my mom’s name. The emergency room in the facility had a gorgeous waiting room looking out into an interior courtyard with fountains and plantings and even a creek running through it. I visited that waiting room often, because that’s where the vending machine with the Diet Coke was, and I never saw more than a handful of people there. Certainly nobody was going to die there without being seen.

Describing the two hospitals like this, I can guess which one we would all choose for ourselves, our loved ones, and our friends. (The nice hospital, just to be clear. I’d rather be at the nice one.) But often when we’re making policies – especially policies for the health care of low-income people – policy makers are not thinking about how they would like to be taken care of, the facilities they would like to be in. They are making policies for other people, policies they know will never apply to them.

That’s why I’m such a big fan of the concept of the “veil of ignorance.” The idea comes from American philosopher John Rawls’ book Theory of Justice, considered an important text in political philosophy.  The veil requires a person to create a standard of justice without knowing what place or value they will have in that society. As Rawls described it:

Among the essential features of this situation is that no one knows his place in society, his class position or social status, nor does any one know his fortune in the distribution of natural assets and abilities, his intelligence, strength and the like. I shall even assume that the parties do not know their conceptions of the good or their special psychological propensities. The principles of justice are chosen behind a veil of ignorance.

I like this idea so much. This would require us to make health care policy without knowing whether we would have the most super expensive fancy health insurance policy possible, or have no health insurance and depend on the indigent care available through the county; without knowing whether we would have a disability or be in perfect health; without knowing any of the categories or identities we would be a part of.

It is, of course, impossible to think about policies without drawing from personal experience, but I believe that policymakers should do their best to assume this veil of ignorance. At the very least, they should consider how their policies will apply to and affect the most disadvantaged person possible, to understand the full scope of potential problems that could be created by the policy. Now if only we could get voters to look at things this way…

Guest Post from Jesse the K: Voting Opportunities and Mechanics

Jesse the K hopes you can take a disabled feminist to tea this month. Her previous guest post was Making Space for Wheelchairs and Scooters.

There are many things we can do to improve everyone’s lives. Voting is not the only thing, but it sure is easy to do. Many have given their health, their peace of mind, and their lives for the right to exercise the franchise. If you live in the U.S., join me1 and head on down to the polls in your municipality this coming Tuesday.

And while you’re there, you might be wondering, “Gee, just how do people with disabilities vote?” As it happens, I know a little about this.

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CAPTION: laptop size plastic machine with letter-size screen. Woman using powerchair, wearing purple hat and favorite2 purple jacket feeds ballot into slot below screen.

One decent result from the G.W.Bush administration was that the voting process must be independently accessible to people with disabilities. Before then, most people with disabilities would enlist the assistance of a helper where needed. Then they’d vote absentee (returning the ballot in the mail) or bring the helper into the voting booth on the day. I remember assisting a blind person with a mechanical voting machine–a lever for each name! Xe jested that it was a refreshing change to depend on someone with whose politics xe was unsure (as opposed to xir long-time partner), and yet the joke had a bit of a sting to it.

Reflecting strong republican sentiment in the U.S., voting is controlled at the lowest possible administrative level. Voting techniques vary widely from state to state (sometimes city to county). In Wisconsin you can register to vote five minutes before casting your ballot, but in some states you must register 30 days in advance. But since I can now depend on getting my power wheelchair into the polling place, it seemed like a good year to volunteer as a poll worker. I went to the “new election official in Madison” training today [Editor’s note – October 28].

Two points up front:
1. I wasn’t expecting the disablist training, so I wasn’t taking verbatim notes. I could not swear to any of the following in court; as far as the essential drift, I do believe I’m correct and I heard the trainer acknowledge this. (Memo to self: take notes on life.)
2. I am not hosting a discussion of the political or technical validity and/or vulnerability of voting machines. (For the record, I support 3b; it works for us in Wisconsin, which used to be an exemplar of clean politics.)

When our trainer finished walking us through the various elements of a correctly marked ballot, I raised my hand and said, “And then there’s another way to mark the ballot, right, with the accessible voting machine?” Her response began with a non-verbal eye-roll, which I interpreted as ‘yipes, why did she bring this up?’ Then, she spoke aloud “Yes, that’s right. The accessible voting machine is challenging and we’ll get to that later.”

3. Since she never did do a decent job, let me tell you a bit about accessible voting. The access depends in part on the underlying voting technology. Either
a) Everybody votes using a machine.
In this case, one of the machines needs to supply large print, speech output (usually to headphones), touch screen input (no grip required), single-switch input (more details below) and various other hardware “hooks” to the wide variety of assistive tech in use today.
b) Everybody marks a paper ballot, then feeds the marked ballot into a tabulator (a tallying box like the dollar-bill slot on a vending machine).
Typical people use the ballot-marking tools at the end of their wrists. The rest of us have an accessible machine as above which just marks the ballot. (Ridiculously, the manufacturer’s link don’t provide a fully-accessible presentation.)

OK, back to the end of my training session, where I noted she had never gotten back to the voting machine.

She said the accessible voting machine is very important and everyone must have one working at each polling place. She said they could be used by someone who’s blind, or someone who has low vision, or can’t read for any reason, or really just anybody who wants to. She also said that they were very fussy mechanically, so they may not work as well as you’d like.

(At this point fury stunned me into silence. What I should have said is, “And here we have an excellent chance for you to get in front of these issues by training us in how to get them to work correctly! Seize the moment!”)

Another trainee asked what poll workers should do if they thought a voter was being unduly influenced in filling out a ballot. Xe said, “This happened around 6 years ago, when someone who, well, frankly, he was just not cognizant enough to be voting. And the person with them was filling out the ballot for them.” I piped up that this could be a good option to use the accessible machine: somebody who can’t read could be able to understand the speech.

(FWIW, the “Six years ago this r#tarded person was influenced in their vote” is a perennial election year rumor. Neurotypical people are quick to define the minimum IQ they’d set for voting, without exploring the profound mismatch between IQ and ability. Absolutely every social justice activist would do well to read Gould’s The Mismeasure of Man.)

When the training was over, I’d been cleansed by fury and recovered the power of speech, I stopped to discuss my issues with the trainer. I said I was disappointed in her presentation of the voting machine. She reiterated they were frustrating and difficult to use. “Don’t you realize,” she asked, “that most poll workers are over 60 and they are not going to be able to understand this computer?” (Reality check: accessible voting machines are no more a computer than an ATM. Ninety percent of the people in the training were under 55; in all regards it looked like Madison: gender presentation, ethnicity, education levels, evident disability, income levels, number of piercings, which made me happy about my city.)

I asked if that meant my rights as a voter were also frustrating her? How would she feel if I said that permitting her to vote was too difficult? The penny dropped, and she began to apologize for “not presenting in the most effective manner.” At this point her supervisor’s ears pricked up. “Who was deprecating use of the voting machines?” The trainer allowed that her “initial presentation was sub-optimal.” While I was gratified that she’d finally understood, I was frustrated that this right, so long fought for by so many, is still not a matter of fact in our daily lives.

If you’re up for some voting day advocacy, the U.S. Department of Justice provides a detailed guide for access verifiers at Voting Checklist. Folks outside the U.S., what’s the voting situation for you?

  1. As long as you’re government approvable, that is, you’re the right color or rich enough to become a citizen or you haven’t been arrested or too recently paroled as part of your systematic community destruction program
  2. How do I know it’s her favorite jacket? I modeled for the photo

The Challenge of Mental Illness in the Justice System Part 3: Victims

This is the third in a three-part post about a talk given by the Chief Justice of the Supreme Court of Canada, The Right Honourable Beverley McLachlin, about the interactions between people who are mentally ill (her term) and the justice system of Canada. Part 1 briefly discussed the history of the treatment of people with mental illness in Canada, and then described the current situation with regards to the criminal court system. Part 2 discussed the interactions between people with a mental illness and the civil courts. Part 3 will discuss the mentally ill as victims of the justice system.

This post will discuss violence against people with disabilities.

All quotes are from my notes and are not verbatim.

Many Canadians will be familiar with several stories of people diagnosed with a mental health condition being killed by police officers. Byron DeBassige, 28, was shot and killed by police officers in February 2008 (Toronto). Howard Hyde, 45, was tasered and killed by police officers in November 2007 (Halifax). Ashley Smith, 19, committed suicide in jail while prison guards watched in October 2007 (Kitchener). Reyal Jensen Jardine-Douglas, 25, was shot and killed by police officers in August 2010 (Toronto). While Robert Dziekanski does not appear to have had a mental illness, his “irrational” behaviour after having been detained in the airport for 10 hours is the reason police officers gave for tasering him multiple times and leaving him to die in October 2007 (Vancouver).

The Chief Justice specifically focused on the case of Byron DeBassige, reading from the Toronto Star article I linked above. She went on to state that she believes that the police wouldn’t have shot DeBassige over two lemons and a knife had they known he was ill. In light of the other cases I’ve linked to, I don’t agree with her – in several of those cases the police were firmly and repeatedly told the person they killed was mentally ill. I don’t believe police officers as a whole have risen above the ableist prejudices that lead to psychophobia (fear of people with mental health conditions), simply because there’s been no real attempt in Canada to combat it.1

The Chief Justice went on to discuss how prejudice and fear can affect people with a mental illness: “I’d like to shift the focus to millions of mentally ill people who do not break the criminal law, who remain untreated or inadequately treated, and at liberty. Too often they are simply victims: Victims of discrimination, ignorance, societal inefficiency, and sometimes of violence that too often ends with their death.”

As a woman with a diagnosed mental health condition, I’m twice as likely as my non-disabled counterparts to be the victim of a violent crime, including rape. [Source is PDF] I’m also significantly less likely to be violent than my counterparts. And yet, even on FWD (in comments that are unapproved), it’s not rare for people to equate my diagnosis with abuse. It’s not uncommon for me to be sitting in a classroom of people who know that I campaign for disability rights and have talked a lot about the prejudices that face people with mental health conditions and have my classmates talk about how “crazy” people are violent. After learning I was going to this talk, one of my classmates told me that, should she ever murder someone, she’d claim temporary insanity and just spend a few months in care and then be released. All I could think of was Ashley Smith, who threw crab apples at the postman and died in jail.

The stark truth is too often we discriminate against the ill. We pass them lying on the street but ignore pleas for housing, reluctant to give them jobs even when they’ve struggled valiantly to overcome their illness. We marganilise them.

We need to know more if we’re going to avoid the specter of mentally ill as victims. Related to this is the lack of social coordination on behalf of the mentally ill. All who play a role in an ill person’s life must find ways to communicate and talk to each other. They fall through the cracks. There must be better communication between agencies if we are to prevent more mentally ill people from becoming victims.

This last quote is, in sum, why I felt a lot of frustration with this talk. Throughout, the Chief Justice talked about agencies, she talked about police officers, parole officers, and judges, she talked about what people can do. At no point did she quote an actual person with a mental illness. At no point did she suggest that people talk to those of us who have a mental health condition, and find out what we want and need. At no point did she talk about attempts by the justice system to include people with mental health conditions on tribunals or in the discussions about how the justice system can do better on this issue. Nothing about us without us really shouldn’t be a daring concept, but it seems it is.

Despite all of my complaining, I actually did enjoy this talk. It’s not very often that people admit that prejudice and fear play a strong part in the way people with mental illnesses are treated, by society in general and the justice system in particular. As a Canadian, it makes me happy that the Chief Justice of the Supreme Court is speaking about this, because her authority lends weight to what she’s speaking of, and because I know the Supreme Court is aware of the issues that she’s raising. I also appreciate that she takes the time to speak on this issue often. I was recently emailed the text of a similar talk she gave in 2005. Making law students and lawyers (as well as the general public) aware of these issues may help prevent future cases like Ashley Smith’s suicide.

I would obviously like that more awareness of these issues was addressed in a helpful and thoughtful manner in the newspapers, in classrooms, and on the internet. Chief Justice McLachlin is doing good work, and I’m very glad of the opportunity presented by Dalhousie University to see her talk in person.

Dal News wrote about this presentation as well.

  1. There is, however, an attempt to point out that “mental illness costs Canadians $51 Billion a year“. I don’t think we battle prejudice against mental health conditions by talking about how much it costs, especially since I think it would be more accurate to say “discrimination and stigma related to mental health conditions costs the economy $51 Billion a year”, but what do I know? I’m just a crazy lady.

Figuring Out the Actual Goal of a Policy

Last time, we talked about three main areas of a policy where things can go wrong: drafting a written policy to match the envisioned goal or mission of the policy (articulation), creating an administration or structure to carry out the policy (implementation), and making sure that people are actually following the policy (enforcement). These three areas are extremely complicated when everyone involved has a common view of what the policy is trying to achieve. When there’s no clear agreement on the intended goal of the policy, things get even more confusing. For an example of that kind of confusion, let’s look at a recent policy proposal in New York State to prohibit the use of food stamps to buy soda. To understand what’s really going on here, we’ll need to take a closer look at a couple of things: what the intended goal and policy of the food stamp program is, what the proposed policy is, and how the two interact.

Let’s start with food stamps. The United States food stamp program started in 1939. Although it currently functions as an anti-poverty program, it started as a subsidy for American farmers administered by the U.S. Department of Agriculture as a way to help American food producers by making it easier for consumers to buy their goods. Originally, consumers bought coupons that could be used for food and were issued additional coupons that could be used for “surplus” food – food that was being produced but not purchased because of the problems in the economy. Even now, changes to the food stamp program take place in congressional “Farm Bills” that primarily focus on agricultural issues.

The food stamp program is also one of the primary anti-poverty programs administered by the federal government. Over time, eligibility for the stamps has been narrowed to include only low-income individuals and families. Unlike some other anti-poverty programs, eligibility is based on more than just an individual’s or household’s income and includes a calculation for how much they are paying for housing costs to determine the amount of income considered available for purchasing food. (You can go through the pre-screening on the federal food stamp website if you want to estimate your eligibility – if you’re from outside the U.S., just pick a random state.)

Although a person is approved for a certain dollar amount of food stamps per month, the benefit is not given to them as cash. Instead, they get that dollar amount of “food stamps” on an electronic debit card that can be spent only on food — it can’t be used for rent, gas money, diapers, clothing, vitamins, medicine, toiletries, or any other non-food items. There are also restrictions on the food that can be bought with food stamps: no hot or pre-prepared food (like a deli sandwich) and no alcohol or cigarettes. These rules get somewhat complicated – pumpkins can be bought if they’re edible, but not if they’re a decorative gourd.

So, given that framework, we can now understand what New York state is proposing: a demonstration project for New York City that would “bar the use of food stamps to buy beverages that contain more sugar than substance — that is, beverages with low nutritional value that contain more than 10 calories per eight-ounce serving. The policy would not apply to milk, milk substitutes (like soy milk, rice milk or powdered milk) or fruit juices without added sugar.” And the stated goal of the policy: “bring[ing] us closer to stemming the wave of obesity and diabetes in New York.”

The question of how much and whether these drinks do or do not contribute to an increase in diabetes and obesity (obesity which may or may not be a health issue) is a whole other question – for the purposes of this analysis, let’s just pretend we live in a world where that connection has actually been proven. Even if we accept that very tenuous connection, a big problem with this proposed policy is both overbroad and underbroad. Policies that are overbroad change more things than they need to in order to reach their intended goal. This policy is overbroad because there are surely people who use food stamps to buy some of the prohibited drinks who are neither obese nor have diabetes – so the policy would be prohibit purchases that do not contribute to the harm we are trying to prevent. It is underbroad partly because of what’s excluded – the sugar in fruit juice or chocolate milk is just as sugary as the sugar in soda. But it’s also underbroad because there are surely people purchasing these drinks with their own money – earned, inherited, or otherwise gotten not through food stamps – to buy these drinks that will contribute to their obesity and/or diabetes.

If we were this convinced that these sugary drinks were the root cause of an obesity epidemic, there would be a lot more effective ways to target this policy – by banning the sale of those drinks in the state, to anyone, using any method of payment. Or selling them only to adults. But this isn’t what’s being proposed. Partly because the soda companies would create a huge stink in protest and partly because the population would complain that they have the right to spend their money how they like and would likely vote out any politician that made such a policy. Instead, this is a “demonstration project” that New York promises the “effects [of which] would be rigorously evaluated.” This is really an experiment to find out if limiting purchases of these drinks makes any difference at all, either to the amount of sodas sold or any eventual health outcomes. And it’s a pretty bad experiment, because even with the tight control we have over how poor people spend their money, they could still buy a Coke with their non-food stamp income.

So what’s the real goal of this proposed food stamp policy? To further restrict the purchasing power of people low-income enough to receive food stamps in order to find out if this idea they have has any effect at all on what they want to try to change: the health of the overall population. And this kind of implementation is not at all unusual – these half-baked policy ideas that don’t have a firm scientific underpinning for their presumed causal effect are often tested out on vulnerable populations that don’t have the political power to resist them. If this was implemented on the entire population of New York City or state, there would be a giant backlash. But the poor aren’t nearly as well organized or politically active, so it’s safe to practice on them, for the good of everyone’s overall “health.”

Further reading:

“The Challenge of Mental Illness in the Justice System” – Part 2: Civil Court

This is the second in a three-part post about a talk given by the Chief Justice of the Supreme Court of Canada, The Right Honourable Beverley McLachlin, about the interactions between people who are mentally ill (her term) and the justice system of Canada. Part 1 briefly discussed the history of the treatment of people with mental illness in Canada, and then described the current situation with regards to the criminal court system. This part will discuss the interactions between people with a mental illness and the civil courts. (Everything in quotes is from my notes, which are not verbatim.)

One of the anecdotes the Chief Justice opened her talk with was about an incident that occurred when she was articling. She discussed receiving a phone call from a woman who had been institutionalized, and told her that she only had two minutes to be on the phone. “I’ve been locked up, and I need to get out,” she whispered. The Chief Justice related how this woman had been forcedly institutionalized by her very respectable husband, who decided she was “overly emotionally, somewhat hysterical, had convinced the doctor to sign the papers. The authorities had come and she was taken to the mental institution.”

I got the impression – perhaps wrongly – that the Chief Justice wanted us to see this woman as someone who had been wrongfully institutionalized because she wasn’t actually mentally ill. She told the anecdote as part of the history of institutionalization, having just described it as a way “to get rid of someone you didn’t want, like a wife giving you trouble.” [s.e. smith wrote about this a bit when reviewing Fingersmith at this ain’t living.] This is a pretty common narrative when people discuss fear of institutionalization, and you’ll often see this story play out in pop culture. It gives the impression that forced institutionalization isn’t wrong, except when it’s someone who’s totally sane. The mentally ill, on the other hand, can be treated without care.

The focus of this section of her talk was on the “difficult ethical and legal problems” arising in the civil court. “On the one hand lies liberty of the individual, and the right of the individual to make decisions. On the other lies the tragic reality that the mentally ill cannot make rational decisions. Surely, their loved ones argue, we should be able to impose treatment to the point where they can have the capacity to make rational decisions about his or her treatment.”

Again, the Chief Justice focused on the change in how people with mental illness can legally be treated as a result of the Charter. She touched briefly on the history of forced hospitalisation, and how this had originally been forced treatment as well. Now, apparently, people are only forced into hospitalisation if they’re considered a danger to themselves or others. (From what I’ve gathered talking to people in Canada who have been hospitalised as a result of mental illness, there’s a lot of pressure to agree. This can vary from loved ones saying “We just want what’s best for you!” and the attendant guilt-related issues, to “if you don’t agree we’ll call the police and you can go to the asylum instead”.)

In describing “the issue being whether the person possess sufficient cognitive ability to make rational treatment decisions about his or her health”, the Chief Justice focused on the particulars of one case, referred to as the Starson Case. [There’s a brief overview of it on Wikipedia, and here are some follow-up news articles and discussion.]

Again, according to my notes:

At the time of the action Professor Starson was detained in a psychiatric hospital as a result of a finding of Not Criminally Responsible. The physicians believed he needed medication, but Professor Starson refused. His physicians found that he was not capable of making a decision with respect to his medical treatment.

He applied to the Ontario Capacity and Consent board to review that decision. The Board agreed with the doctors. He was in almost total denial of the illness (Wikipedia tells me he was diagnosed with Bipolar Disorder) so could not relate information to his disorder.

The matter was appealed to the courts and the lower courts in Ontario ruled he was capable of making decisions. This case then went to Supreme Court and the issue was the interpretation of the test for capacity. The majority ruled that Professor Starson had the capacity to make a choice and accordingly the Board’s order was overturned.

The story doesn’t end there. After the Supreme Court decision in 2003, his condition deteriorated. In 2005, his treating physicians found him incapable of managing his care. With his mother providing substitute consent, doctor’s began medicating. In 2007 he was discharged to outpatient status. In 2009, he was still contesting the decision to be forced into treatment.

The Chief Justice then went on to describe the debate about the treatment of people who are mentally ill as being between those that argue that the law should never permit mandatory treatment, and those who argue that mandatory treatment should be expanded to cover more instances than it does. In Canada, she said, “Liberty can be curtailed only exceptionally – when there is genuine risk of harm to his or herself or others, or when a person is cleary incapable of making decisions necessary for medical care.”

One of things I noted in this section of her talk was the very distancing language the Chief Justice used throughout. While at one point she did describe how we can feel sympathy for Professor Starson’s fight to determine his own treatment versus that of his mother’s fight to get him the treatment she felt he needed, most of the time the Chief Justice spoke as though no one in the audience would ever be touched by these decisions. As I said in the first part of this, I’m uncomfortable with a circle drawn around people with a mental health condition, and another around people who work in the legal or medical profession, with no overlap. The whole thing read a bit too much like “you can tell who’s crazy by looking at them, so I know none of you are.”

There is one more part to this discussion, which focuses on the mentally ill as victims of the justice system.

“The Challenge of Mental Illness in the Justice System” – Part 1: Criminal Court

On Tuesday evening, the Chief Justice of the Supreme Court of Canada, The Right Honourable Beverley McLachlin, gave a talk in Halifax about people with a mental illness (her term, which I will use throughout) and their interactions with the justice system, both civil and criminal. For me, it was an interesting, although slightly, frustrating talk (I dislike the way people with mental illness and people who work in the medical or legal profession were treated as two different and distinct groups, with no overlap).

Like most people who follow disability-related news, I’m well aware of both the high levels of mentally ill people incarcerated in Canada and the frightening number of fatalities when someone with a mental illness interacts with the police. [Read More on this on FWD: Record of the Dead. I love policy. Publicity and the Taser. What is Justice.]

As the Chief Justice herself said, it’s an issue that many people want to sweep under the rug. I often see people wanting to pretend that each incident of a person being killed by the police as an individual issue, rather than a disturbing trend. As an activist, it’s heartening for me to know that the Chief Justice of the Supreme Court of Canada believes this is a systemic problem, and one that we need to fix.

I’m going to divide my discussion of this talk into three parts, just as the Chief Justice herself did. Part one is an introduction to the situation in Canada, as well as touching on issues that can occur when people with mental illnesses interact with the criminal justice system. Part two will focus on civil cases, specifically on people who have a diagnosed mental health condition refusing treatment and the response of the court. (I’m sure that will be fun. /sarcasm) Part three will talk about people with mental health conditions being victims of the justice system.

The Chief Justice began her talk with a brief history of the treatment and stigma around mental illness, focusing on how people used to believe that mental illness was a sin, or a sign of possession, or the fault of the mentally ill person. She then went on to detail how scientific advances have combated these stereotypes. (I wanted to move the country where mentally ill people are not blamed for having a mental health condition or considered weak or told to shut up, but I think we come at this from different perspectives.) She also touched briefly on the history of forced institutionalization in Canada, first in sanitariums outside of the city, and then in hospitals within it. She ended this section by discussing the de-institutionalization movement, which often left people with a mental illness with no skills to find a home or a job, and no ties to the community having been in the institutional setting for years. To quote my notes, which are not verbatim:

“The streets are dominated by many people with mental illness. We must now interact with them in society. Where once the legal solution was simple, now it is complex and expensive. Decent housing, drugs, hospitals, psychiatrists cost money. With so many competing demands on the health care, the claims of the mentally ill hover on the margins.”

One thing the Chief Justice highlighted in this section was the lack of hospital beds for people needing a psychiatric evaluation. When I worked in a mental health-related job, I know there were dedicated beds at the hospital for people brought in for psychiatric evaluation, but because beds were at a premium, they were sometimes given to other types of patients. This, in turn, both increases tensions between people who work within the mental health system and people who work primarily with physical illness (as though these are entirely separate things), as well as making it more difficult for police officers to bring people who may be living with a mental illness into the hospital for evaluation. Many of us can agree that a prison cell isn’t a place for someone who is having a mental health-related crisis, but sometimes there’s no place else to go.

The Chief Justice then introduced her discussion of people with mental illness and the criminal justice system by bringing up the Charter challenges to the system that existed pre-1982.

As a brief history lesson: Canada instituted the Charter of Rights and Freedoms in 1982, which guaranteed rights such as the right to be free from discrimination based on mental or physical disability. Now cases can be brought before the Supreme Court as “Charter Challenges” – the case is about whether or not the law itself is illegal by violating the Charter. In terms of people with mental illness in Canada, if they were found to be “not guilty by reason of insanity”, they were held under a Lieutenant-Governor’s Warrant, taken to an institution, and held there without any trial, without a judge, and with the case only being reviewed periodically. It was, in essence, incarceration without trial or any possibility of parole. This was Challenged as being unconstitutional, and the system had to change.

Again, to quote my not verbatim notes:

Parliament got to work and they drafted a series of provisions, known as Part 20 of the Criminal Code. These provisions are very advanced. They have set up an alternate route whereby mentally ill people who are charged with crimes are, after a hearing before a judge, declared Not Criminally Responsible. If they are declared NCR, then they do not go through the ordinary court system. They go before a NCR Board (this is Provincial). The board has an obligation to determine what is the least invasive way of looking after their illness. May give them an absolute discharge if there is no danger to the public and they can be released into society. They can give a conditional discharge, which is a discharge under medical supervision, and this can vary from part-time hospitalization to being in the community. Or they can, if the Board feels the danger to the community is such, require the person to remain in custody in a hospital.

There are reviews every year. The board deals with their cases and gets some familiarity.

This system is working very well. It works humanely. It works in a fair manner where mentally ill people can come before boards in an informal way. It is also providing adequate protection to the public. This is on the whole a positive development.

We still have problems: lack of hospital facilities. Before this system can start to operate a judge has to say that the person is NCR. Requires psychiatric assessment in a hospital. Sometimes trouble getting them into the hospital. A number of judges have spoken out about this. Reported in newspapers. Also problems in finding facilities for young people. 13 year old girl ended up having charges stayed because the authorities were unable to provide a proper youth setting for her evaluation and care. She was sent to prison instead, which was totally inappropriate. I mention these cases to show there are strains in the system.

I’ve had a bit of interaction with the Mental Health Courts from when I worked in the system. Like many things involving people with a mental illnesses, these courts are underfunded and very busy. There are very strict rules about who qualifies as “mentally ill enough” to be seen in this court, which means that people who should be here are instead sent back to the regular criminal courts. Everyone involved looks at this and knows it’s a problem, but the money isn’t there to solve it.