Category: 6Days

  • 6 Days on the 4th Floor: My Life of Certified Insanity (Day 3 – Part 1)

    I woke up on the third morning more than a little groggy. It’s bad enough I had to sleep in a strange location, unwillingly taken from my family and friends and involuntarily detained via a certification of insanity, but the effects of my untreated sleep apnea were becoming uncomfortably noticeable.

    Thursday, April 9th, was a largely uneventful day. It was originally to be the day that I was to argue my Charter Challenge before the Supreme Court here in Corner Brook, but instead I was sitting around waiting for breakfast in a secure psychiatric ward. Not quite what I’d expected for the day I’d spent months working towards, but at least it wasn’t a jail cell and I wasn’t being forcibly medicated. It was distressing to see the state of the other patients though.

    I’d spent the previous day cluing up a few loose ends. Misha brought my jacket and pants for court and this gave me the time I needed to sew on a button. Had to do it in full view of the nurses station though. Can’t have stray needles floating around. I’d finished composing my counter arguments for the Charter Challenge in the hopes that I’d get to speak, but at this point I’d resigned myself to the knowledge that my hearing would be further delayed. I’d given my lawyer authority to speak on my behalf before the Court to apologize for and explain my absence. A delay has since been granted, but the final date hasn’t been determined as of the writing of this post.

    My lawyer would finish filing the papers on Thursday and I’d meet with a legal aide in the evening to give them full access to my medical file prior to Friday’s Habeas Corpus hearing. This created another strange series of events that would further illustrate just how perverse the abuse of process was becoming.

    Before I go further, I’m going to discuss some of the side effects of being pulled in. Aside from being unlawfully snatched from my home, slandered, and having my family and professional life completely disrupted, being detained can be surprisingly expensive. As I’ve spent the last few years living at or below the poverty line, I knew how to establish a solid budget and stretch my cash out quite well. As I was trying to develop a business idea with limited access to funds, I was stretching my finances further than I ever had before. This would come to an end when I was pulled in. What little cash on reserve for rainy days went into cab fair and trying to keep things calm for my family.

    Upon emerging from detainment, I would find out two weeks later that my business assets would be frozen and I’d have to start making some quick phone calls. Things have been restored, but I still have been offered no proper explanation of how it was lawful to detain me as well as disrupt and degrade my business life.

    Bill C-51’s new powers weren’t even needed for my detainment. The government simply leveled the accusation that I was delusional to expect to be able to argue before a Supreme Court Justice that they’re crooks and liars committing crimes against humanity so they had me committed for psychiatrist evaluation. They had full knowledge of my Charter Challenge and they can’t claim otherwise. The Attorney General of Newfoundland and Labrador specifically chose not to submit an argument after his attorneys were provided with my Memorandum of Argument. They chose to feign indifference and ignorance to the whole matter instead.

    Another patient, Mary, was a good example of how detainment can shake the foundations of your life. She’s been forced to take a drug that’s making her gain weight and loose her teeth, along with a host of other side effects. The drug itself is known to her as Seroquel and it comes with a disturbing list of known issues. Its also been aggressively marketed for a number of off-label uses by an Australian pharmaceutical company, AstraZeneca, based on falsified reports for clinical trials that never actually took place. There are 10,000 lawsuits that have been filed against the company for the damaging side effects of this drug. Yet, here we have detainees under the Mental Health Act being forced to take it against their will.

    Mary was recently detained because it had been discovered that she’d flushed her medication. She was tired of the physical and mental side effects and wanted freedom from her pill-shaped prison. They’d pulled her from her home before she could pay her rent for the month of April and brought her to the ward where I met her. Her rent for the month of April was left sitting on her television. Her landlord, disliking that she’d missed rent and perhaps thinking it would be ok to discriminate against someone detained by the State, served her with eviction papers. We discussed options for dealing with the landlord tenant issue. She’s since made plans to move to a less hostile location. I don’t know how her situation worked out, but I hope it got resolved.

    Criminals are treated with more respect than wards detained by the State for reasons of mental health. Criminals are immediately offered legal representation. Patients detained under the Mental Health Act are not. Who really argues for the patients in these situations? I had the right to be advised of the reason for my detainment, but that never arrived. I expect the true reasons will emerge as hearings progress.

    Criminals can also appeal their charges before a judge. The reasons for their detainment can be examined. Patients seem to lack this basic right of self-determination. Once medicated, they are under the authority of the prescribing psychiatrist. That doctor’s opinion then carries the weight of law, which is another example of how the rule of law abused in our country. A doctor can be appointed to a position of authority over another human being. They can remove that person’s right to liberty and freedom for refusing to comply with their directions. Patients can ask to be removed from their prescribed medications, but the doctors don’t actually have to listen. Especially with drugs like Seroquel, which have no standard protocols for discontinuing use. It turns the pill-shaped prison into a mental labyrinth, with the prescribing psychiatrist as the minotaur guarding the escape routes.

    Seroquel is also known as Quell, which is darkly appropriate when used in politicized psychiatry or for simply sweeping societies uncomfortable mental health problems under the rug. Have a dissenter criticizing you too openly and angrily? Drag them off and have them ‘Quelled.’ I thank God for the peace of mind my personal beliefs inspire in me. They allowed me to weather the storm of detainment and double certification without much anxiety, which made the eventual release that much sweeter. As I mentioned in a previous blog, I believe spirituality is the root of the tree of wellbeing, not one of the branches or leaves, but the foundation itself. Building your mind on anything but the way you connect to reality is like building a house on sand. A good storm can undermine your foundation. Newfoundlanders especially should understand the idea of a house built on rock. Properly built, it can weather the worst that Mother Nature can deliver.

    To that end, I spent most of Thursday anxiously awaiting my hearing before the Supreme Court the following day. I met with Misha and Ben during the afternoon visiting hours. Misha was exceptionally tired at this point. Like me, she wasn’t sleeping well due to the situation, but she is also 6 months pregnant so she had extra reasons to be tired. They left with Misha promising to return for the evening visiting hours. This wouldn’t happen as Misha would end up being arrested by the RCMP shortly after returning home. I wouldn’t know this until much later.

    When visiting hours rolled around, another friend popped in to visit. He’d expected to meet Misha upon arrival, but this didn’t end up happening. He hadn’t heard from her since the earlier meeting. We tried calling her phone, but couldn’t get through.

    As Misha disappearance was being noticed, my lawyer’s legal aide would arrive with disclosure consent forms to sign. She requested access to my medical records and provided two consent forms that I assumed granted full disclosure. I signed both, giving over full access to my file, then left her to make the needed photocopies. I took nothing from my file, nor did I ask anything be withheld. I opened my files like a book and offered the legal aide full access to everything that was available, then went back to hanging out with the visiting friend and trying to phone Misha.

    This was the first time I was simply unable to reach out and contact Misha during the entire ordeal and it was the one that made me the most nervous. I had no idea where she was or what was going on. I contacted my family to see if they’d heard from her. I contacted Ben to find out if he’d seen her. He let me know that she was probably exhausted and home sleeping with the phone turned off. I hoped this was the case, but did let my roommate know I was a getting anxious about the whole issue. I’d already been taken from my home unlawfully. If a man’s home is his castle, my castle had been laid siege to and I felt as though my family now stood undefended.

    I had a very rough night, unable to get more than a few hours of sleep due to the growing anxiety over what could have made Misha disappear. I wasn’t even thinking of the Court hearing in the morning, I just wanted to know what happened to her.

    This concludes My Life of Certified Insanity (Day 3 – Part 1). The next installment for this day will cover Misha’s experience with the RCMP that left her cut off from any means of communication with the outside world.

  • 6 Days on the 4th Floor: My Life of Certified Insanity (Day 2 – Part 3)

    To pick up where I left off with my last post, I had just requested a second opinion on my initial assessment. Shortly after requesting and thinking my transfer to a new doctor was denied, I found out my wish had been granted.

    I’m not going to go into too much detail regarding the follow up that got me released. Suffice it to say I wish to protect the identities of the doctors involved. I will go so far as to say they were both from nations familiar with the impact of deep racial divisions so they had broader understanding of where I was coming from. In fact, once they understood the context of what brought me into the care of the hospital, they made no attempt to dissuade me of my line of thinking. I was certified completely sane and rational and released the following Monday. This gave me a total of 144 hours of detainment, or 6 days, with no legal or psychiatric reason to have done so.

    While these details were being sorted out, I was being introduced to provincial abuse of process on a massive scale. This forms the foundation of my argument for the courts. A new layer of oversight is needed to prevent these kinds of situations from arising for other Canadians. I fear the scale of abuse that already exists is so massive it beggars the mind and illustrates how subverted our legal system has become to ‘Crown schemes.’

    Through my contacts with the Western Star, I’d arranged with them to have my picture taken to put on record that I was being detained against my will. They’d followed the day of my detainment and other previous news reports concerning my filing of genocide charges from the previous summer, and my years of community radio involvement, local entrepreneurship and agriculture research. On the 8th of April they ran their story about me being detained under the Mental Health Act, giving more of a context for my tweet than the RNC offered to the psychiatrist when I was taken in. They also mentioned that I didn’t have money for a lawyer and that I was still thinking I would get a pass to attend my Charter Challenge. This would later be proven wrong.

    It’s interesting to be able to look back and see your own direct quotes.

    “Because the government is always right and can never be wrong. Anybody that dissents with them are just going to be flagged as crazy and thrown into situations like this.”

    This article would be picked up by the Telegram out in St. John’s and come to the awareness of Jennifer Curran, my current lawyer provided by mental health legal aide. She was quite interested in my case as I fit none of the requirements for a person to be remanded under the act. I have no mental disorder and no criminal charges were forthcoming. At the time of all this occurring, my certification papers still only had one signature on them.

    Once we’d made contact and entered into a lawyer-client agreement, she informed me that she wanted to file an application of Habeas Corpus to have me brought before a local Supreme Court Justice to argue my detainment was unlawful. This would turn out to be the same Justice originally scheduled to hear my Charter Challenge. Small world. She also informed me that any discussion of sending me off for 30 day analysis was also unlawful as I hadn’t been charged with any crime. This isn’t Soviet Russia, despite what our Prime Minister or Premier seems to think.

    So by Wednesday afternoon, I’d met with my new doctor and had our first discussion. I’d been contacted by a lawyer who wanted to represent me and I had been photographed with my disheveled beard in all it’s glory for the front page of the Western Star the following day.

    At this point, I still hoped I would be able to attend my Charter Challenge, but questions were beginning to crop up. My doctor was willing to issue a pass to allow me to attend my Supreme Court proceedings, but there was a requirement of an escort to and from the Courthouse. As I hadn’t been charged by the RNC, they had no authority to bring me before the Courts. The Hospital also shrugged their shoulders as they had no legal reason to do so either. When I’d be originally told that a pass could be issued, they’d assumed I was a defendant, not a plaintiff. With no option to proceed, I called my lawyer.

    Jennifer informed me that she was trying to get the Application of Habeas Corpus filed for the following day, April 9th, but had to jump through a few hoops. I gave her permission to apologize to the Justice for being unable to attend and requested an opportunity to reschedule.

    Later on in the evening, the situation would become even stranger. While sitting with Misha and my best friend Ben during evening visiting hours, one of the night nurses brought me in an updated copy of my certification papers. Remember, for the whole day I’d been walking around with my admitting papers with only one signature. I’d also been transferred to a doctor that wasn’t as prejudiced by the situation due to the original RNC presence. I had a lawyer trying to get me before a Supreme Court Justice. But suddenly… there were two signatures on my certification papers.

    Two signatures. Thistle and Talpur. Signed and dated five minutes apart from the first night I’d been admitted. Now, unlike a patient brought in for a simple 72 hour observation, I had been certified insane by two separate doctors after a total of five and a half minutes of analysis. No diagnosis, no speculations on a diagnosis, just certified insane. The first signature was required to keep me under observation for 72 hours. The second left me legally certified insane under the Mental Health Care Act and remanded as a ward of the State for further observation. The nurses told me they’d never seen anything like it. This would later be used to deny the application for Habeas Corpus. The Justice’s hands would now be tied by the second signature into a system of Crown schemes and common law precedence.

    Obviously, someone wanted me kept under lock and key for a while.

    I would spent the second night of my detainment once again sleeping fitfully. Sleep apnea is a harsh disability when you have no way to remedy it. During my six sleeps on the ward, I probably averaged four hours a night. I was still ok at this point. The physiological effects didn’t begin to pile up until Saturday.

    That concludes Day 2 of My Life of Certified Insanity. Day 3&4 should be available before the weekend.