Tag Archives: Howard Hyde

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.

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.