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Patients Council Wins Fight for Equal Rights
by Jennifer Chambers
The Queen Street Patients Council is the FIRST psychiatric survivor
group in Canada that had full intervenor status in a court case.
This means that the Patients Council had a lawyer, Paul Burstein,
who presented evidence and cross-examined witnesses for the Council.
By all accounts this was the FIRST successful case under that part
of the Canadian Charter of Rights and Freedoms that says we can't
be treated differently than other people because of a so-called
"mental disability," Section 15(1).
Right now, if any one of us commit a crime (no matter how minor),
and are considered to be "insane," we can be held FOREVER unless
we can prove we are "safe." No one can prove that they will never
be dangerous. This is especially difficult if we do not do well
in an institution. I may never have been violent, but if I am really
pissed off at being locked up, this alone will keep me locked up
for having a bad attitude. People convicted of crimes can get out
when their time is up. Forensic psychiatric survivors have been
the only people in Canada other than Dangerous Offenders who could
be held with no end in sight. But even "Dangerous Offenders" had
to be proven dangerous in court!
Our victory means that if a person is found "Not Criminally Responsible
due to a Mental Disorder":
1) Instead of the "burden of proof" being on the person
to show that they are safe, the state will have to prove a person
dangerous. (This will give us rights equal to other Canadians).
2) There must be a clear method of deciding whether or not someone
is dangerous. Until now, forensic survivors' freedom has been
based purely on the opinions of the people on the Criminal Code
Review Board.
Justice Howden struck down that part of the Criminal Code that
was unfair to psychiatric survivors, and has given the Canadian
Government 6 months to come up with new legislation.
It is fair to say that without the Queen Street Patients Council
and our outstanding lawyer, Paul Burstein, this law would not have
been changed. The judge referred to our evidence and arguments more
than to anyone else's. It was our evidence about the inconsistency
of the Review Board's ability to predict dangerousness and the too
wide a net that was being cast to catch us (I mean the law is too
broad) on which the judge based his decision to strike down the
law! Dan Brodsky, the lawyer for the applicant, Denis LePage, initiated
this case for our Constitutional rights, and Denis and Dan welcomed
us aboard. We fought together. Denis has not been freed, but a changed
law means that he too will have a fairer hearing. (The Patients
Council does not know Denis, so we did not address his situation).
We successfully advocated for the rights of all psychiatric survivors
in Canada.
Now we wait to see if any of the people on the other side will
appeal. If they do, we may have to continue our fight all the way
up to the Supreme Court.
Two Queen Street Staff Charged with Sexual Assault
by Jennifer Chambers
Jeries Qaqish, former head nurse of Unit 1B, was tried and aquitted
of sexual assault. Judge Crossland concluded the trial by saying
that the acqittal is not a rejection of the evidence given by the
complainant-- that although her story may be true, it was not proved
beyond a reasonable doubt.
Originally there were two women patient/survivors of Queen Street
who testified against Jeries Qaqish. They both testified at the
preliminary hearing, but one woman's doctor wrote to the Crown Attorney
saying that because of unfortunate events in the woman's life she
was no longer up to appearing in court. (We hope this is what the
woman wanted.) So Qaqish went to trial accused of raping one patient
on July 2, 1993 after driving her home from Q.S.M.H.C. This woman
bravely told her story about what happened to her, although she
feared that no one would believe her. She did not originally want
to make an official complaint, as she was afraid that other staff
would turn against her.
It was Barbara Break, staff at Unit 1B, who first reported to the
College of Nurses what the woman complainant told her about the
sexual assault. It was a professional requirement, and it is now
a legal requirement that staff must report abuse. She testified
respectfully of this woman she knew, responding when questioned
that she did not believe that this woman made things up (as the
defense implied). Michael Leshner was the Crown Attorney prosecuting
this case.In his closing argument, he insightfully stated that Ms.
--- was at risk because she was a psychiatric out-patient. "He raped
her because he thought he could get away with it," Leshner said.
He observed that she has not benefitted from this case, and has
in fact endured considerable trauma. He noted that the problems
with the charts from Queen Street made things difficult-- things
were missing and recorded out of order.
The defense described the complainant as a "manipulative seeker
of sympathy," and referred to her having a "criminal record." This
is in reference to charge for which she was not even tried, let
alone convicted.
Michael Leshner informs us that the woman involved said she was
glad that she had gone through with the charges, despite how it
turned out. We commend her for her courage, and offer our support
at the Patients Council Office if she should need it. Investigation
of this case is still ongoing at the College of Nurses. On May 15th,
another Queen Street staff will be tried for sexual assault. He
was a security guard, and his name is Bob Foster. Would anyone with
any information about this case please contact our office.
Survival (by C.M.P.)
I never got to Boston.
When I was a kid, the adults in my life really hurt me. When I
would get scared, I always wanted to get away. There was no escape.
When I was a teenager, the trips to the institutions started. The
adults in those places really hurt me. I was tied up, locked up,
and drugged up. I always wanted to get away. There was no escape.
By the time I was 21, I had already been in five different institutions.
I had been forcibly confined, attacked by staff, been put in cold
packs and full body restraints, been put on behaviour modification
programs that punished me with things like starvation and not being
allowed to bathe or go to the bathroom, and I had been on every
major and minor tranquilizer known to man, I think.
My whole life, I've never been free. Today, thanks to the adults
I've had in my life, my memories are my locks and my fears and my
jailors. As an adult, the adults in my life really hurt me. I'm
scared all the time now. At age 33, I've been incarcerated in twelve
different institutions for being too sensitive. My only crime has
been against myself. I cut and burn my body in an attempt to deal
with emotions that I've never been taught to deal with.
As an abuse survivor, I learned very quickly as a child that the
only way to survive was to remain silent. The silence almost killed
me so when I was 13 I began carving up my body as a way of giving
voice to the pain. When I was in places like Queen Street I discovered
that being in crisis interrupted a lot of staff's knitting, crocheting
and reading. They were very punitive and really pissed off every
time they had to actually deal with me. It's a bit scary to think
these same people are looking to hold on to their high paying, cushy
jobs by becoming community workers as dictated in the "Putting People
First" report.
At 33, I am a victim of the institutions and I no longer remain
silent about the adults I've had in my life. I survived the psychiatric
system. Barely. I did things to hold onto my sanity like count the
holes in the ceiling tiles in solitary confinement. I smiled politely
and said, "Fuck you." But most of all, I survived any way I could.
Today I call myself a survivor. I have earned that right. I have
the scars to prove it. And on days when the pain gets too intense,
I add to my scars. I haven't been in an institution for 4 years.
I am on low doses of drugs, on the way to gradually withdrawing
from them completely. I am in therapy with a loving and non-judgemental
feminist therapist, and I work part time. Before I die, I'm going
to visit Boston and before I give up, I'm going to remember that
in all things, at all times, I have survived.
A Simple Message (O. G.)
What is a schizophrenic? What is a manic depressive? What is a
paranoiac? What is a psychopath? We are all people trying to do
good, trying to do bad (which we shouldn't) but who is sane? There's
only a fine line of a difference between sanity and insanity, and
who are we to judge as so called "sane people"?
God made us all equal. As God made us equal, but life is not a
bowl of cherries. As sweet as cherries are, we have sour grapes
as well.
So it is up to us sane people to help the so-called insane. To
help them financially and any which way. Because the population
of the mental institutions in North America has been increasing
tenfold in the last 20 years.
Poem (Anonymous)
Remember to tip tic tack dough $
Spend last month's rent money dough $
On the fax machine or computer too.
From Ukrama for her word sputter
When she finally moved and cancelled out
Everything but her word spout.
By that I mean my Bell credit card
Which she uses in in place of lard
They spread my credit
And then they shred it
They are, they say, really rich
Too much sugar is a hitch.
The Story of a "Crazy" (A. S.)
Someone once told me he'd commit suicide if I didn't come back
to him. I lost a lot of sleep over that, and when I woke to the
sound of a siren going down the country road towards his house,
I snapped, and thought he'd done it. I got into my car and didn't
know whether to go to the suicide scene or go to see his mother.
I pulled off the road onto a wide driveway to think. An pair of
natives drove up and parked beside me and gave me dirty looks (I
was probably on their property). I thought, these may be friends
of the man who committed suicide, so I tore out of there thinking
they might want to get even with me for `causing the suicide'. The
police pulled me over when I was going over the speed limit. I told
them I thought the natives were chasing me. I was slapped with the
label 'schizophrenic'. I didn't believe them, and stopped taking
the medicine, but I kept the bottles. (There was no suicide.)
A year later, someone was harassing me, saying he'd turn gay if
I didn't have sex with him. I lost sleep over that, and thought
if I took one of those pills it would relax me. It made me feel
like I was dying, so I called my mother to say goodbye. She thought
I was attempting suicide, so she had me taken to hospital and there
I was kept confined for four months on drugs that made me withdrawn
and miserable, with side effects that made me feel like it would
be very hard to make friends. My tongue was so thick I couldn't
talk and my face contorted into grimaces and drools that I couldn't
control. I was now labelled `suicidal schizophrenic'. I didn't believe
them and stopped taking the drugs.
A couple years later, my boyfriend and I got a new phone with the
number `666' in it. I called him at work and said, "This is the
devil's number. What can we do? I can't stand it." My boyfriend
had me hospitalized for that, and they continued the label schizophrenic.
Once I was labelled mentally ill, my friends and family often had
me committed if I started being overtly enthusiastic about a `cause'
or overly outgoing, or in some way a bit bizarre, instead of my
usual quiet, shy self. They took my `off' behaviour as a sign that
I was about to become ill, and thought I must be committed before
things got out of hand. Some of these times I agree I was ill, but
others I feel that my personal freedom was being violated. On the
other hand, if it weren't for family and friends, and a few police,
I'd be possibly wandering the streets, ill and homeless.
About six years after my first hospitalization, I spoke with a
doctor who asked me what happened before each hospitalization. That
was new to me. Before, I hadn't been consulted in the matter. My
comments were not wanted or considered valid. The new doctor then
suggested I might be `manic depressive'. Strong reactions to things
may be considered mood swings. I was put on lithium, to control
manic depression. Once I was on lithium I didn't have bad side effects
and I stayed out of hospital longer. However, my kidneys are now
too damaged to allow taking lithium anymore, so I am on Tegretol.
I can take it regularly without having to worry about the effect
of taking it without food. Before, on lithium, I'd often miss a
dosage because of food shortage. Sometimes I'd take lithium with
just a little food, so I got damaged kidneys.
Recently I asked a doctor to review my files and she said indeed
it appears I am manic depressive rather than schizophrenic, as I
had been labelled for about six years.
The "Quiet Room" or "Hole" (Geoffrey Reaume)
"Let me out of here!!! Let me out of here!!!" This plea, along
with the noise of fists banging on the door and walls, was one of
the first sounds I heard upon arriving at the new ward at St. Thomas
Psychiatric Hospital in early 1979, after eight days of admitting.
The person who was calling for freedom, as I found out later, was
"Marcia," a woman in her thirties. She was locked in a small, bare,
concrete room for two weeks because she had run away.
Isolation cells measured roughly eight feet by ten feet. There
was a tiny window in the door and a larger one on the outside wall,
with thick glass and wire screen. Cells were used to restrain people
whom the staff considered "disruptive." Meals were brought to these
inmates who had to ask a staff member to use the washroom. Staff
would then accompany a patient and literally stand in the doorway
of the toilet stall, or behind the urinal, while an individual relieved
themself.
A mattress was brought in at night, and taken away the next morning.
Otherwise, an inmate had absolutely nothing to do but sit on the
cold floor, or wander back and forth. One staff said this enforced
idleness was deliberate so as to "make them think" about their behaviour.
Inmates were often, though not always, forced to wear pyjamas while
isolated. Other patients were told to have no contact whatsoever
with people confined in these cells, which were off the main corridor.
Anyone who violated this rule was punished, usually with loss of
ground privileges. Staff called these cells the "Quiet Room". Inmates
referred to them as the "Hole".
Mrs. Northy (by 'Mary Ann')
I was fourteen when I was at Whitby. That's where I met Mrs. Northy,
a nurse. She wore glasses and had short hair. She wore a uniform
and a watch. She was very strict.
Mrs. Northy watched me to see that I got my hair combed. She saw
that we would lay down on the bed in the ward. She would come around
the table watched to make sure we'd eat. If we went outside she'd
tell us we'd get the strap.
Mr. Clem (by R.)
Mr. Clem is my nurse. He treats me good. I will never forget him.
I never see another nurse be so kind to me. Mr. Clem treats me the
best all the time. He took me to see the movie "Bodyguard." We went
out to eat afterwards and he paid for me. I really appreciated it.
The Other Side (lyrics © Stuart Mair)
She lives in a penthouse away from the world
With lots of money, diamonds and pearls
But she can't take it with her
When it's time to move to the other side.
The way you live, baby, just might be the way that you die.
Moving on to the other side.
He's a politician on top of the world
Making greed and misfortune for so many souls
What good would it do him
If he loses his soul on the other side?
We live in a world that's out of control
A spiritual desert with so many lost souls
But when death comes knocking, we're down on our knees
With all our actions and all of our deeds.
If you want to keep it you've got to learn to let go
But love and compassion remain in your soul
So if you want to keep it you've got to learn to let go
Moving on you've got to learn to let it go,
Moving on to the other side.
We were born to live, we were born to die
I feel it and know it, there's another side
And there ain't nothing that we can hide
On the other side.
The way you live, baby, just might be the way you that you die
Moving on to the other side.
Once Upon A Time...
They put an asylum on the Island, faraway from the market place.
They left twenty people there. Once a month the market people would
get into a ship and bring the Islanders a little food and some clothes,
but they were left alone the rest of the time. After a while the
ship came less often and then stopped coming altogether. The Islanders
got very lonely and some of them started to cry terribly loud. But
the Island was too far away for the cries to be heard. And when
it seemed that everything was lost, a huge bird with gold wings
came home to the Island and set on the mountain top. The bird looked
very strange. It seemed to shine like the moon.
"What are you villagers doing here?" asked the great bird.
"We were stranded," said an Islander.
"Yes, we are sick and can't do business," said another.
"That is sad," said the great bird. "Come to the mountain and you'll
find berries and seeds. I will bring you some wild boars to hunt."
So the Islanders decided to plant some seeds and they became good
at harvesting and hunting with spears. The Island started to prosper
after a few years, and the crying stopped. And after a long time
without any visitors, a gentleman doctor came to the Island on a
big ship. He saw that the Islanders had grown their own food and
asked them how this was possible. They told him to mind his own
business as there was a market place where he came from. The doctor
said that they were very sick and he must leave because of another
appointment on another island. The Islanders laughed and told him
not to come back. So they lived there peaceably with the great bird
who sheltered them from time to time.
1994, April, Introductory
Isssue
1994, August, "Restraints and Isolation"
1995, May, "Victory in
Court"
1995, September, "Housing"
1996, January, "Alternatives
to Psychiatry"
1996, May, "Does Mental Illness Exist"
1996, September, "Friends and Family"
1997, January, "Beliefs"
1997, November, "Speaking Out"
2001, March, "Those
Who Have Died"
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