The Telegram (St. John's)

No apology

In Andrew Abbass’s case, sorry seems to be the hardest word

- Pam Frampton Pam Frampton is a columnist whose work is published in The Western Star and The Telegram. Email pamela.frampton@thetelegra­m.com. Twitter: pam_frampton

“One of the most powerful things a plaintiff can say in court is that he or she never received any type of apology.” — from the blog Wisconsin Lawyer

It’s no small thing to groundless­ly deprive a citizen of his liberty.

Yet that’s exactly what happened to Andrew Abbass for six days in April 2015. The 37-yearold was kept in a Corner Brook psychiatri­c unit after being escorted there by police responding to Abbass’s outraged tweets after Don Dunphy was shot and killed in his home by a police officer.

Justice Brian F. Furey of the Supreme Court of Newfoundla­nd and Labrador ruled on April 27, 2018 that Abbass should not have been involuntar­ily hospitaliz­ed, since he was not mentally ill. Furey called the consequenc­es of that action “profound and serious.”

They are. The unlawful detainment has left a path of wreckage in Abbass’s life that he’s still trying to recover from: the stigma of involuntar­y admittance; the effects of extreme stress on his health; the loss of employment opportunit­ies; the strain on personal relationsh­ips; legal costs; the lingering effects of having “detained” in his medical record.

And in all this time, no one has said, “We’re sorry this happened to you.”

“If someone died, you say, ‘I’m sorry,’” Abbass said in an interview from Labrador Thursday. “It’s just common human decency. But no one wants to take responsibi­lity for anything.”

I contacted the Royal Newfoundla­nd Constabula­ry, whose officers took Abbass to the psychiatri­c unit that day, as well as Western Health and the Department of Health and Community Services, which is responsibl­e for administer­ing the Mental Health Care and Treatment Act used to detain Abbass.

All three entities said they are reviewing what happened and will change policies and procedures in light of Abbass’s case if need be.

“The detention of an individual for mental health reasons should always be done with the utmost sensitivit­y to the person’s individual needs,” the RNC said in a statement, “and improving our response to mental health calls for service is an objective in our 2018-2021 RNC Corporate Plan.”

Western Health says it is “currently reviewing documentat­ion processes and exploring additional education for physicians and staff regarding the Mental Health Care and Treatment Act.”

Health and Community Services says it, too, is taking action.

“This month, the department will provide an educationa­l overview of the Mental Health Care and Treatment Act for each of the regional health authoritie­s. This will ensure that health care profession­als who work with this legislatio­n are familiar with its provisions. The department will also work with the regional health authoritie­s to ensure documentat­ion processes related to the Mental Health Care and Treatment Act are consistent throughout. Finally, the Newfoundla­nd and Labrador Centre for Health Informatio­n is currently performing an audit of the provincial rights advisors, mandated under the Act, to ensure all legislated timeframes and requiremen­ts are being achieved.”

All these actions are appropriat­e and will hopefully lead to improvemen­ts, so that what was done to Abbass will not be done to anyone else. That’s what Abbass is hoping for.

The mental health act is supposed to safeguard and provide care for people who are actually mentally ill, not be used as a tool to hold someone against their will because they posted edgy tweets.

Abbass is pondering his legal options and believes he is entitled to compensati­on under the Internatio­nal Covenant on Civil and Political Rights, which Canada is party to, and which addresses unlawful detention.

He would also like an apology.

Frankly, the silence is profound and disgracefu­l.

If the provincial government worries that apologizin­g is tantamount to admitting liability, it need only look to its own Act Respecting Apologies, which clearly states: “An apology made by or on behalf of a person in connection with a matter does not constitute an express or implied admission of fault or liability by the person in connection with the matter.”

Andrew Abbass is a citizen who was denied his rights and freedoms unlawfully.

Isn’t anybody sorry?

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