Category Archives: Civil Rights

Elderly Woman Still Hiding from VIHA

An update on Mia following her narrow escape from involuntary electroshock therapy

Eight months after an independent tribunal ordered her released from hospital, the Vancouver Island Health Authority is still pursuing a Saanich woman. Focus previously reported on 82-year-old Mia (“The Case for Electroshocking Mia,” November 2012), whom VIHA senior geriatric psychiatrist Dr Michael Cooper had slotted for electro-convulsive shock therapy against the wishes of her and her family. Last July, an official inquiry determined Mia needn’t be forcibly treated for depression nor even hospitalized; however, almost immediately VIHA representatives began calling, coming by the family home, and demanding that Mia check in with them. Mia, her granddaughter Michelle and grandson-in-law Russel and their children fled the city.

They’d hoped they could have quietly returned to their normal lives by now, but in March, VIHA sent a letter to Mia’s lawyer demanding “evidence” of Mia’s exact current location and that she’s undergoing “treatment of her medical conditions.” Otherwise, continues the letter, “VIHA will need access to [Mia].” Read the rest at Focus online.

Numbers Guy Speaks Out

Former federal Parliamentary Budget Officer Kevin Page exhorts Canadians to “wake up.”

Parliamentary institutions that bolster Canadian democracy “are under attack right now like I’ve never seen them before in my 35 years of public service.” The warning had a particularly sharp sting coming from recently departed federal Parliamentary Budget Officer Kevin Page. Brought to UVic by the Green Party, Page was speaking to a packed lecture hall in April. No partisan firebrand, Page is just a lifelong bureaucrat and self-described “numbers guy” who became increasingly frustrated, then appalled, and then positively worried witnessing important national financial decisions being made “based on ideology alone” and without accountability to anyone. Read the rest at Focus online.

Ombudsperson Pans Incapability Assessments

Even when you already know them, sometimes it’s shocking to hear facts confirmed. In February, BC Ombudsperson Kim Carter released her 186-page investigation into BC’s processes for determining people to be “incapable” of controlling their own legal or financial affairs, “No Longer Your Decision.” Focus has reported extensively on the arbitrary, draconian, often self-serving ways by which citizens are being stripped of these basic rights by long-term care providers, health authorities, and the public guardian. Carter concluded the process has indeed been “failing to meet the requirements of a fair and reasonable procedure.”

Indeed, on nearly every key issue, the Ombudsperson’s findings disturbingly reflected many people’s worst experiences and reinforced the worst fears of the rest of us. For starters, there’s no definition of “incapability,” even though authorities are using the concept daily to take away people’s rights to make their own decisions. BC law, Carter clarified, “does not define what it means for an adult to be incapable or establish any criteria or test for this determination. Neither the Public Guardian and Trustee nor the health authorities have defined what incapable means.”

As for the assessment process through which authorities can declare you to be incapable, that’s a free-for-all, too. BC law “does not set out a process to be followed…does not require that an assessment or opinion from a physician be obtained…does [not] establish any standards for such an assessment…does not require that the [assessor] knows the adult and has examined the adult recently…” And to top it off, most health authority staff admitted to Carter that they had no special training in conducting incapability assessments, and the health authorities admitted they provide no such training.

Carter further found that there are no requirements for health care providers or the public guardian to even notify you or your family that your incapability is being assessed, let alone to explain their reasons for concluding you’re incapable or give you any opportunity to respond.

Carter recommended that the Ministry of Justice at least create steps allowing you to legally challenge a health authority’s or public guardian’s conclusion that you are incapable. The BC Justice Ministry promised only to “review” this final recommendation; however, most of the Ombudsperson’s recommendations on the other issues were accepted by government and will supposedly be in force by July 1, 2014. Carter wrote that she was “cautiously optimistic.”

Forced Drugging of Seniors Still Increasing

Ombudsperson, BCCLA and Greens criticize BC’s draconian laws.

I WAS READING THE CORONER’S REPORT on Kathleen Palamarek and something didn’t seem right. I’d been following her story since 2006. This was a diminutive, timid, 88-year-old nursing home resident with dementia and a heart condition, who’d been somewhat controversially diagnosed with dementia-related psychosis. She’d died of a heart attack. The coroner had found the antipsychotic olanzapine in her body.

Palamarek hadn’t been taking olanzapine willingly; she’d frequently complained about feeling woozy and “drugged up.” She couldn’t refuse the drug, though, because her doctors had declared her incapable and, when she’d protested, they’d certified her under BC’s Mental Health Act (MHA). Antipsychotics are being used increasingly in seniors’ homes as chemical restraints to pacify and control people. But Health Canada has issued the highest possible warnings to doctors that antipsychotics are “not approved for the treatment of patients with dementia-related psychosis” and that these powerful tranquillizers have been linked to a near-doubling of death rates in the elderly, mostly from heart attacks.

Yet here’s what coroner Stan Lajoie wrote about Kathleen Palamarek’s heart attack: “Death was clearly and unequivocally due to natural causes.” There was not so much as a hint anywhere in his seven-page report that her heart attack might have been linked to a drug known to dramatically increase heart attacks in the heart-weakened elderly. Why?

Click here for the rest of the article in April’s Focus magazine.

Hidden Surveillance

Not many people know that local Victoria, BC police and the RCMP have already begun building a massive public traffic surveillance system. And no one knows how they’re going to use it.

The A News reporter and Nanaimo constable interwove: “amazing,” “blown away,” “overwhelming.” “This will revolutionize the way we police,” proclaimed Vancouver police in The Province.

Both media and police across North America have engaged in such trumpeting about Automatic Licence Plate Recognition (ALPR). The RCMP and BC government piloted ALPR in 2006 and have expanded it rapidly. BC now has 42 police cruisers equipped with the technology, including one with the Victoria Police Department (VicPD), one in Saanich, and two in our regional Integrated Road Safety Unit.

Normally, area police manually key in plate numbers to check suspicious cars in the databases of the Canadian Police Information Centre and ICBC. With ALPR, for $27,000, a police cruiser is mounted with two cameras and software that can read licence plates on both passing and stationary cars. According to the vendors, thousands of plates can be read hourly with 95-98 percent accuracy. These plate numbers are automatically compared for “hits” against ICBC and Canadian Police Information Centre “hot lists” of stolen vehicles; prohibited, unlicensed and uninsured drivers; and missing children. When such “hits” occur, plate photos are automatically stamped with time, date, and GPS coordinates, and stored. The officer will investigate details in the above-mentioned databases directly, and may pull over suspect vehicles.

At least, that’s how the popular story goes, and it sounds wonderful. However, some news stories have quoted academics or civil rights advocates worried about what else this plate recognition technology is, or could be, used for. ALPR was developed by the British government in the 1990s to track movements of the Irish Republican Army. By 2007, the International Association of Police Chiefs was issuing a resolution calling for “all countries” to begin using ALPR and sharing population surveillance data for fighting gangs and terrorism. Today in the UK, ALPR is used for charging tolls, “risk profiling” travellers, and tracking or intercepting people using cars photographed near protests.

But most Canadians’ concerns have been assuaged with statements like that in a Times Colonist article: “Both federal and provincial privacy commissioners have approved the system, which must comply with federal privacy legislation, said [RCMP Sgt. Warren] Nelson.”

Yet no one in Canada has actually investigated either police claims or the complaints.

That lack motivated me, along with Christopher Parsons, a University of Victoria PhD candidate in privacy and surveillance studies, and Kevin McArthur, a web architecture developer and high-tech civil rights advocate, to form a research team.

Federal Privacy Commissioner Jennifer Stoddart’s office gave us our first shock of many.

Clicke here to read the rest of this article in the February, 2012 issue of Focus magazine.