Every citizen must be treated fairly

A letter to the editor published in today's edition of The Chronicle Herald:

By Carol Tooton and Stephen W. Ayer

The Canadian Mental Health Association-Nova Scotia Division (CMHA-NS) and the Schizophrenia Society of Nova Scotia (SSNS) need to be assured that the systems administered by our government will guarantee that every citizen of Nova Scotia, regardless of socioeconomic or health status, is treated in a fair and just manner. This principle is even more critical when applied to individuals who may not have the knowledge of how systems work, or who do not have the financial resources to engage the appropriate supports (e.g., lawyers). For people in these situations, well-functioning systems are particularly important.

The Nova Scotia Department of Justice is currently experiencing a breakdown in efficiency in relation to the Central Nova Scotia Correctional Facility in Burnside. Last week, the CBC reported on the case of an individual who remained incarcerated for two months beyond his release date, a case which was confirmed by the Nova Scotia Department of Justice. This can be viewed as just one more example of a justice system that appears to be operating in a very dysfunctional manner, particularly when the solution offered was: "… should this gentleman come into our custody again, then we would ask the courts to take into consideration that he had served extra time."

As reported by the CBC, the individual detained beyond his court-imposed sentence had previously been diagnosed with a mental illness; this causes both of our organizations significant concern. In fact, with one in five Nova Scotians at risk of experiencing a mental illness at some point in their lifetime, this is an issue that every citizen of Nova Scotia should be concerned about. Without knowing all of the details in this situation, one cannot help but question why we are continuing to hear of more and more cases of people who have a mental illness being inappropriately treated by the justice system, while, in the meantime, the opening of the new Mental Health Court in Dartmouth has been delayed from April 1 to Nov. 1, 2009.

We are of the opinion that finding appropriate solutions for rehabilitating mentally ill individuals who come into conflict with the law doesn’t rest solely with frontline workers who are administering programs, but also with policy decision-makers and ultimately with the ministers of Justice and Health. The issues of stigma and discrimination in relationship to mental illness remain prevalent and appear to be impacting decision-making at all levels.

All Nova Scotians deserve to be treated equally according to existing legislation. It’s time that government, particularly those responsible for the development of policy and operational procedures, ensure that every citizen of Nova Scotia receives the same fair and just consideration under the law.

An inquiry into the November 2007 death of Howard Hyde is currently underway. This inquiry will examine the facts, in detail, of the death of an individual at the Central Nova Scotia Correctional Facility who had a mental illness, in this case paranoid schizophrenia. As organizations with standing at the inquiry, the CMHA-NS and the SSNS will be doing our utmost to make sure that all of the facts are disclosed, and that appropriate and meaningful recommendations for changes to the justice and mental health systems in this province are made.

Carol Tooton is executive director, Canadian Mental Health Association-Nova Scotia Division. Stephen W. Ayer is executive director, Schizophrenia Society of Nova Scotia.