First Time Off the Grounds in 25 years

Sometimes, we take our freedom for granted. Sometimes, our clients remind us how much we have. Paul Conway, of the decision in R. v. Conway, has been detained in hospital for over 25 years after being found not guilty by reason of insanity in 1984 on a charge of sexual assault with a weapon. He wants the world to know about his predicament and has given me permission to share information. He spoke at his last hearing before the Ontario Review Board about what it was like to go shopping outside of the hospital for the first time in 25 years. His response is set out below.

Q. What was it like to go out for the first time to a shopping mall?

A. It was surreal.

Q. In what respect?

A. I’d never been to a mall that size before in my life in this area. I never been -- live in this area before.

Q. You’ve been to a couple of different malls?

A. Well, just the idea of -- the first time I ever went out, I went into a general store across the street. It was surreal. I hadn’t seen it in 26 years or 25 years, eh. Just to walk down a street was surreal without handcuffs on. To walk off the, off the building -- off the CAMH grounds to go across the street about, about, about 20 about 50 feet away to a general store and actually walk into a general store and see all the items up in the store the way I used to many, many years ago.

I mean, that was something that was in a very, very distant past. And you could select what you wanted, or you could look around. There was no pressure on you and, oh, there’s pop; there’s chips; there’s chocolate bars, 50 different types of chocolate bars; and chips and magazines and just all sorts of items, ice cream. It was unbelievable.

There was lottery tickets. You could look at the, you could look and get your own selection of many, many different types of lottery tickets and scratch tickets and sort of gum and newspapers. It was, it was surreal. It was like, it was like just being born again or something, eh, after living in a dungeon up at Penetang

...

Q. I want to ask you...

A. Well, I, I went to those stores. I bought things. I went to the coffee by the Dollar Store. Go down to the Dollar Store. You could go every direction. There was something going on. You could east, west, north, south and every direction. You could go a different day and there was something going on. I’d go over to Timmy’s and buy a coffee there, a doughnut, you know, you know, you know. Like, like, it was quite a thing.

Q. How is it different...

A. There was fresh air, but it’s not the same as going into a pen, a fenced-in yard like a dog, you know. That, that, that fence around the yard, that little, the little airing yard makes, makes a statement. That fence makes a statement. It speaks volumes. It lets you know that you’re unwanted and that you belong in here and that you’re dangerous. You’re looked at as dangerous and I don’t see myself that way in any way.

And then when I walk out, by contrast, onto the public, down the street, Queen Street and other streets and go to the park, the Trinity Park, and, and that, it’s like, it’s like, figuratively, a breath of fresh air. The air is different. The air you breathe is more fresh. The sun is shining brighter. The sights and sounds of the outdoors come alive in where they’re deadened when you go to the, the yard, the airing yard with the fence around it, and you feel freer and you are freer.

And so you got to be responsible with that and I’ve been responsible. I never eloped and I never caused trouble or anything, you know.

Q. And...

A. And I interact better with people in those circumstances. I interact with the people that are with me: the staff person, the clients. And I interact with the public in general better, you know. You seem more friendly. You seem more outgoing. You don’t feel -- your troubles are left behind. I find my troubles -- I know they’re -- I’m still aware of my situation, but my troubles seem, for the moment anyway, to be left behind. And, and I made an agreement with myself that I leave my troubles behind and bring and go out there and -- it’s like a foray into the community, you know. Is, it’s like an oasis in a desert, right.

Q. All right. And how is the environment different...

A. And then when I come back, I feel better.

Q. Right.

A. When I come back to the ward, I feel better. Things that made -- a lot of times, things are bothering me. Just to get up and get started. I look around at the same drab decor and the same claustrophobic feeling of being locked in with all these people and there’s no space, hardly any space. And then you and there’s light shining in your face, those fluorescent lights or whatever those lights are up there in the ceiling, and noises on the ward and smells.

Then you get to leave and you get fresh air, you know. You get wide-open spaces, lots of space. You feel better. When you come back, then you feel better and it carries over when you come back to the ward. The same old picture you were looking at is not as bad. It’s not good, but you feel better knowing that you can go and do it again the next day and the next day and next day.

And then there’s trips, like, that go out of that one-hour period. Like to Center Island was something that was surreal beyond words. It was almost like the closest thing I had to being back in nature. I used to spend a lot of time in nature. My relationship with nature is a religious experience, right, from the past. I guess that’s part of the native heritage and its part of my spirit anyway regardless of heritage. It’s part of my spirit. You don’t have to be any particular heritage in order to enjoy fresh air and the nature. You want to be a trail-blazer or like a hiker in the woods and enjoy hunting, fishing and -- it doesn’t particularly mean you have to belong to any particular creed or race. You can enjoy it.

And so the thing is that’s very therapeutic for me to be involved in nature.

And when I went to Center Island in particular, I was feeding the swans. There was actually lagoons. There were lagoons there, right. And there, there’s marinas and lagoons and little bridges fell over the lagoons and the marinas and people have boats parked out there and there’s a laid-back pace. There’s a lot of willows, lot of, lot of willow trees. And those weeping willows are almost pathetic fallacy because it’s a literary device...

THE CHAIRPERSON: Mr. Conway...

MR. CONWAY: No, no, no. It’s a

THE CHAIRPERSON: We’re getting a good...

MR. CONWAY: It’s important to me to explain to you the importance of me going out there. You’re cutting me off and chopping me off at the knees, you know. I almost finished it.

For me to see those weeping willows, oh so many of them at Centre Island, it was like pathetic fallacy. It was like nature sympathized with me, empathized with me, you know, and for what I go through. And then there was the swans, feeding those swans. Actually walking up to the edge of the lagoona and feeding those swans was something I had never done before, feeding those swans.

BY MS. FRASER:

Q. Can I ask you this? Can I ask you...

A. And I went to Casa Loma. I’d never been in a castle before. This was actually a real live castle. We went to an Xmas party there, eh. And it was, like, they had all you can eat. I think it’s documented in my file.

Q. Yes. There’s a -- it’s actually in the hospital...

A. So it speaks for itself, but I just wanted to give some testimony about that.

Q. Okay.

A. And it’s a testament, and it’s a testament, it’s a testament to the, to the fact that if you’re given a chance and you’re responsible with that chance, you know, you, you -- it breathes new life in you. And, you know, the more you get into a routine and you get into the rhythm of a routine, that’s important.

Because if you live on the ward all the time and you begrudge everything, then it’s a rut. And there’s a difference between being in a rut and a mundane pattern of behaviour that’s a rut and feeling like you’re in a routine that you enjoy and you’re in a rhythm with that routine and it breathes new life into you. And I know it’s very important with me and it’s, it’s a roadmap to understanding me. And if you don’t believe me, I can’t, I can’t convince you. But going out into the community, going on outings is fine. And visiting family and going to the Supreme Court of Canada, these are all different experiences that are important to me.

Q. Okay.

A. And participating, and participating in sports was important until I hurt my back.

Q. Right.

A. You know, I played soccer and I played different sports in the gymnasium.

Q. I’m going to interrupt...

A. Feeding the, feeding the squirrels on a daily basis was, like, unbelievable. It was something that is just like pet therapy, my brand of pet therapy. I’d actually talked to them too and they understand me, eh. They understand me the best that they can. They understand that they can trust you. They don’t understand you literally, but they see that you’re offering them food and they can trust you. Come right up to you and eat out of your hand and trust you and there’s a rapport there. They, they actually get to -- there’s a rapport there that you can’t even have with most people.

Q. Now...

A. Is there anything else?

Q. In terms of your experiences at other mediums-secure facilities, what’s the -- what does CAMH offer geographically in terms of the community surrounding it versus other facilities like Brockville?

A. Oh, they’re out in the sticks. They’re out in the sticks. The other places are out in the sticks. I don’t want to be out in the sticks no more. I like to be in nature, you know. And it may seem like a paradox or whatever, but, you know, so be it then. My life is a paradox. I said that at 18 years old. One of the most philosophical things I ever came up with that applies: my life is a paradox, right. It’s a paradox.

And, like, so it seems like on its face you like so much -- should be out in nature and that. True enough, but, like, I don’t want to be in some hick town or out in the sticks. I grew up in a hick town. I don’t like it. Everybody knows your business. Everybody’s -- like, there’s nothing exciting. It’s a nice place retire or grow up as a kid or retire, raise a family, but I don’t want to be stuck it in the sticks. All those places are out in the sticks: St. Thomas, Brockville. Relatively speaking, they’re all out in the sticks. Penetang, North Bay, they’re all out in the sticks.

TO, Toronto, on the other hand, is the almost like the hub of the universe, right. It’s a cosmopolitan population, bar none, first and foremost. Oh, it’s got its set of problems. I don’t like the pollution and all that, but, you know, nothings -- it’s not a perfect world. And then there’s lots of opportunities. There’s -- if this is a cosmopolitan blend. I mean you can go up the street and, and everything’s close together. Like, you know, like down Queen Street there’s a store here. Next to it’s a store. Next to it’s a café. Next to it’s a restaurant. Next to it’s a little art miniature art gallery. Next to it’s a post office and next to it’s a sub...

THE CHAIRPERSON: We, we don’t need to...

MR. CONWAY: ...a little sub place, a grocery store. There’s all these things. I’m trying to explain to you the collage and the importance of it to me that opposed to a place like a small town where you might get a general store and then a quarter of a mile, half a mile away, you might get some other little drop-in restaurant or whatever and maybe some little place where you can buy, a Dollar Store half a mile down. Houses are far apart.

Camping Out as a Protest

I don't know why it took my old brain to remember that I once camped out as a protest. So I went to the basement looking for proof and found these two beauties.

It was 1988. The City of Hamilton passed a bylaw that no more than 5 or 6 (again can't remember) unrelated people could live together. I was Student Union President. We protested by camping out over night. We had tents although the pictures don't show it (they just show the law chairs). Early that day or the next I was interviewed on Metro Morning on Jarvis Street with Joe Cote. Yes, that's how old I am, before the Mothership, before Andy Barrie, well, before Matt Galloway too I suppose.

We would have said that the camping was the protest.

Save Riverdale Farm

One of the City of Toronto's consultants has suggested that the City could save money is eliminating Riverdale Farm. My children 4, 4, & 5 just spent a great week at camp there and got to meet some of the animals. I told them today about the City's plans. They asked why? I told them that the City thinks it doesn't have enough money. The eldest suggested the City could make more money. They are thinking about taking it to City Hall so I inquired of City Councillor Pam McConnell's office of how to stop this. Here is the prompt response I got.

Hi Suzan,

Thank you for your message and your support for the continued operation of Riverdale Farm.

The best way to help at this time is to share your views with the Mayor and Council. The consultant's report will be considered at the Parks and Environment Committee on Thursday, July 21 at 9:30 AM. Any individual is free to make an in-person or written deputation.

To register for a deputation, e-mail the Parks and Environment Committee at pec@toronto.ca or call 416-397-7796.

Written deputations should be sent to the same address so they become part of the public record.

To be clear, this is one of the laundry list of "opportunities" to reduce costs. It will be up to the Committee to decide if they wish to recommend exploring this opportunity. It is up to all of us to ensure that eliminating the operations of the Riverdale Farm is not one of their recommendations.

Local residents have also created an on-line petition which will be presented to the Committee and Council. To view or sign the petition, go to: http://www.petitiononlinecanada.com/petition/residents-against-closing-riverdale-farm/223.

Another way to support the Farm is to become a member of the Friends of Riverdale Farm – a community organization dedicating to preserving and enhancing the Farm experience. More information can be found at: www.friendsofriverdalefarm.com.

Thanks again for your support!

Warm regards,

Sean

Sean McIntyre

Constituency Assistant to

Councillor Pam McConnell

Ward 28 - Toronto Centre - Rosedale

(416) 392-0207

So there you go. The kids can't go Thursday and I am in court but we'll work on our written deputations. What can you do?

Leave Denied - Quenneville & Stirling

Today the Supreme Court of Canada denied leave two cases that were heard together at the Court of Appeal for Ontario which dismissed the appeal. The cases raised important questions about the rights of people advancing on consent a defence of not criminally responsible where they admit a portion of the offence. Here is how the case was summarized by the court:

Charter of Rights and Freedoms – Criminal Law – Fundamental Justice – Right to equality – Discrimination based on mental or physical disability – Whether s. 7 of the Charter mandates an inquiry as to voluntariness and awareness of consequences of those accused who seek a verdict of not criminally responsible on account of mental disorder – Whether a failure of the Criminal Code to mandate an inquiry of those accused seeking a verdict of not criminally responsible on account of mental disorder, akin to that provided for by s. 606 (1.1) in relation to guilty pleas, violates s. 15(1) of the Charter – Whether the Court of Appeal failed to recognize a principle of fundamental justice that criminally responsible individuals should not be found not criminally responsible on account of mental disorder.
In separate trial proceedings, findings of not criminally responsible on account of mental disorder were entered against each applicant. Each applicant appealed from the findings. As is always the case, no reasons were provided. Hopefully more on this case when I have a chance.

Minister Speaks on First Available Bed Issues and Practice of Charging Patients

Today, the efforts of the Advocacy Centre for the Elderly paid off with a clear statement in the Legislature from the Minister of Health and Long Term Care on the practice of some hospitals to threaten to charge patients with exorbitant charges if they reviewed to take the first available bed in ANY long term care home.

Health Minister Deb Matthews told the Legislature that:

it is completely unacceptable that anyone be charged more than the co-pay rate—that’s $53.23—if they are in a hospital waiting for long-term care. It is completely unacceptable.

Judith Wahl, Executive Director of the Advocacy Centre for the Elderly, commented on the significance of the Minister's comments:

This should end the practice of hospitals threatening patients waiting in hospital for admission to long term care to be charged more than the co-pay as set out in the Health Insurance Act which is a maximum of $53.23. There is also a rate reduction available for people that do not have the income to make this payment. In the past, many hospitals have threatened people with charges ranging everywhere from $350 to over $1800 per day if they refused to take the first available bed in ANY long term care home that came available or if they refused to select long term care homes with short waiting lists even if the patient / their [substitute decision maker] did not believe that a particular home with a short waiting list was an appropriate choice or met their long term needs.

The Advocacy Centre for the Elderly has been advocating for clients, and the seniors community, on this issue for the last 12 years. There are materials on the ACE website that explain the law on this issue which includes

• the requirement for consent for admission to long term care,
• that consent must be voluntary and cannot be coerced by the hospital with threats of a high per diem at the hospital if the patient refuses to take the first available bed in any long term care home or a retirement home not of their choice,
• the max rates that can be charged in hospital as set out in the Health Insurance Act

We do encourage people that no longer need acute care to actively look for and consider all possible options for long term care and for care in their own homes, rather than in hospital, in an effort to get out of hospital into other accommodation that meets their ongoing needs. However patients should not be threatened with inappropriate high per diems in an effort to have them go to places that are not appropriate to their needs.

We commend the Minister of Health and Long Term Care for making this statement in the Legislature today. We look forward to the changes in hospital policies to reflect the appropriate charges.

Here is the Hansard Excerpt:

Ms. Andrea Horwath: The question is for the Premier. The McGuinty government’s broken promise to redevelop Windsor’s Grace Hospital site into a long-term-care home has forced the LHIN to declare a hospital bed shortage crisis in that ...

L083-1100-22 follows

(Ms. Andrea Horwath)

... the Premier. The McGuinty government’s broken promise to redevelop Windsor’s Grace hospital site into a long-term-care home has forced the LHIN to declare a hospital bed shortage crisis in that community. Now seniors are threatened with $600-a-day hospital bills if they refuse the first open bed in any nursing home. Why are seniors being punished for this government’s health care failures?

1100

Hon. Deborah Matthews: Thank you for the question. I want to start by saying that it is completely unacceptable that anyone be charged more than the co-pay rate—that’s $53.23—if they are in a hospital waiting for long-term care. It is completely unacceptable.

I want you to know that my ministry and my officials are working with the LHIN, with the hospitals, to ensure that they understand the proper application of this policy and that other hospitals, in fact, across the province do understand that it is completely unacceptable to charge anything more than $53.23 per day.

I do want to talk about long-term care in the Windsor area. We know that long-term care is very important. We are making investments. There is a new long-term care that is opening as we speak. There are now over 100 residents and more coming every day. There is another long-term—

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Ms. Andrea Horwath: Families want to be sure that their loved ones have the best possible care in the province. But not only are the services lacking; these families are being punished. In Windsor it’s officially a crisis but the story is playing out across the province of Ontario. An elderly patient in Toronto is being threatened with daily fees of $1,800 to get out of the hospital.

Families are desperately trying to access the care they need but they’re finding a system in complete shambles. Instead of helping families, the government slaps them with exorbitant fees. Why are families being punished for this government’s failures?

Hon. Deborah Matthews: Let me repeat that it is completely inappropriate and unacceptable for any individual in this province in a hospital waiting for long-term care to be charged more than $53.23 per day, so I think the member opposite owes it to the people of this province to actually speak the facts in this House.

Having said that, we do acknowledge that there are challenges in our health sector but we are making tremendous progress. We are committed to reducing our ALC rates in our hospitals by building stronger, better community supports. We now have almost 200,000 more people receiving home care supports than when we took office.

We are moving forward. We are making progress. Is it perfect? No. But, boy, is it a whole lot better? Absolutely yes.

Paul Martin Conway

This is Paul Martin Conway on the steps of the Court of Appeal for Ontario on September 9, 2010. The Court of Appeal dismissed his appeal from a 2007 disposition of the Ontario Review Board. Mr. Conway has been detained in the forensic mental health system for 27 years. He is the subject of the Supreme Court of Canada's decision in R. v. Conway where the court found that tribunals, with rare exceptions, have the jurisdiction to apply the Canadian Charter of Rights and Freedoms when exercising their statutory mandate. This is a rare moment of fresh air and freedom as Mr. Conway lost his community and grounds privileges in the late Fall of 2009. If you look carefully, you'll note he is in handcuffs, since the hospital he is detained in took the position that since he doesn't have off-ward privileges, he can't leave the hospital without handcuffs. Prior to that decision, Mr. Conway had been on the hospital grounds and community with staff approximately 160 times without any concern of violence. At the hearing of the appeal, Mr. Conway was released from the cuffs to make his argument before the Court of Appeal and he was returned to handcuffs upon leaving the courtroom.

Mr. Conway had hoped that the court of appeal would hear his appeal where he asserted that the Ontario Review Board erred in failing to consider his Aboriginal background through the receipt of a Gladue report. The court declined to hear the appeal, finding it moot as the Ontario Review Board has commenced a new hearing rendering the issues in the appeal moot.

Mr. Conway's Board hearing is scheduled to resume December 6, 2010.

Advice to a New Student

My niece is off to university in a few days, so I asked girlfriends who I went to university with what their could have, should have, would have advice was – what they wished someone had told them. And here is what they said (although I have changed their names to protect them):


Margaret:

You need not throw up in 7 garbage cans to illustrate you've had a good time.

Kraft dinner mixed with fried ground beef is remarkably good.

No one looks good in a toga.

If a new friend asks you home for her family birthday party one week into term, say yes.(ed note, that was me, we've been friends for 25 years this week)


Sioban:

You can meet your best friends there

Generally the men are temporary

Your education is your most important job

Never again will you be as independent without responsibility (except your grades)


Elizabeth:

my two cents for the girls

philosophical: The mind is not a vessel that needs filling, but wood that needs igniting. (Plutarch)

practical: Find some friends who like to study as much as they like to drink beer.


Anne:
Some immediate thoughts that come to mind:
Keep a balance of social activities and studies – particularly in first year when soooo much is new. I found out the hard way (when I got my first year interim grades) that there are many distractions that can easily keep you from studying. A healthy balance is good 
Get involved in rez life & extracurricular things that interest you – you will meet fantastic people – that one is obvious now when I look at how blessed I am to have my best university friends
I wish I had had the confidence to try out for a sports team (basketball in particular) at a more competitive level. I kick myself for not trying out

Jane:

If only we could have maintained the "balance" we had back then....felt like a pretty good balance of work and play in lots of ways - I like what whoever said about lack of responsibility too - that went a long way towards the feeling of balance!!!!

Should have eaten my veggies!!!! I was so sick when I went home in the summer and ate proper food and I think it was because I ate such crap at school.

Would have been lost without my great friends. I love Elizabeth’s beer/study motto. Made it a lot easier to have slightly geeky friends to head to the library with, eh Liz? But then also friends to go out with instead of constant studying...
And, as one of the young'uns in our bunch - it was fantastic to have some older friends - for all-round wisdom, coursework support, just to get your head above the clouds and to introduce you to some options all the first years are unlikely to know about, give you perspective. I think I was very very lucky - with all of you and with Fart. The opportunities for those relationships may come through res, extracurriculars, whatever.

Not exactly the correct could have/should have/would have - but close enough!

Really - go with your gut - about people and studies. I think of all the people I know who have been unhappy in their jobs, and/or have had to go back and retrain, it is because they didn't follow their passion and did what they thought was "right" or what someone else told them to do, or what they thought would make them more money...Just had a friend quit her job on Monday - at 40 - after realizing she hated it! - she is weeping with happiness....beware of older male graduate students...just go with the gut.

Do I remember she is going to [place that she is going to] or did I make that up? Seems like a happy balanced place on the whole...

Mei Mei:

I would emphasis that education is your most important job - if you do well it opens up lots of opportunities.

Make sure you are interested in what you are learning. This is your chance to take or listen in on different courses and find out what you are passionate about. Never again will you be in a situation with so many resources and people with knowledge about such a wide range of things at your finger tips - take advantage of it!

Don't be afraid to go and talk to your lecturers/tutors ask them questions etc take advantage of their expertise - they can point you in some interesting directions!

Enjoy it!

Me:

Don’t be afraid to ask help to chart a new course if what you are doing isn't working out but stick things out that seem rough …. That is the tricky part.

Try really hard. Not just to get the mark that you can get but to push yourself to see the best that you can be – wherever that ends up.

Figure out the cost of a single hour of class by adding up your tuition and residence and dividing it up over the hours of classes – the cost is so high you won’t miss a single class.

The girlfriends that you make in university will sustain you through life and you’ll learn about new worlds through their learning.

Be a tortoise – slow and steady definitely wins the race.

Try to do something you wouldn’t normally do every week (not dangerous) to challenge yourself.

Exercise, sleep, eat & don’t leave your drink unattended.

Have a great time and call me for help if you need it.

Love
Auntie Sue Sue