A Victoria lawyer has expressed concern that seriously mentally ill people are being “left in limbo” in jail due to a severe shortage of treatment beds and psychiatrists at the Forensic Psychiatric Hospital in Port Coquitlam.
Christopher Brennan was acting as duty counsel for Anthony Gushue, who yelled and screamed and swore at the sheriffs as he was brought into Victoria provincial court this week.
Brennan advised the court that Gushue had been taken to a local hospital but refused admission. He told Judge David Pendleton that last month he had acted for another mentally ill man, an athlete who had suffered eight or nine concussions and had a major breakdown outside the Victoria courthouse.
Although the judge in that case ordered that an assessment be done at the Forensic Psychiatric Hospital, the young man spent more than a month in segregation at the jail, said Brennan.
“We’re in exactly the same position with this case. There’s no room at FPH and my fear is that there is a real likelihood Mr. Gushue will spend the next 30 days at the Vancouver Island Regional Correctional Centre and he may end up in segregation,” Brennan said.
Crown prosecutor Tamara Hodge told the court Gushue had been seen by a psychiatric nurse who believed he should be assessed to determine whether he is not criminally responsible by reason of a mental disorder. The nurse spoke to Gushue and believed he was experiencing active psychosis and acting out his beliefs and hallucinations.
Hodge noted that police have been called to deal with Gushue’s odd behaviour 15 times since the beginning of February.
“It is appropriate that he be hospitalized at this time,” said Hodge, as Gushue continued to yell over her, drowning out her words.
However, Hodge said, all the beds are full at the psychiatric hospital. She had been advised that Gushue will be assessed by forensic psychiatrists at the correctional centre, then moved to the psychiatric hospital when a bed becomes available.
Pendleton made the order to remand Gushue in custody for a 30-day assessment.
“It’s pretty clear Mr. Gushue is not well,” he said, as the prisoner was removed noisily from the court.
But Brennan argued that Gushue should be taken directly to the psychiatric hospital — “notwithstanding their practical problems” — and be assessed, then returned to court as soon as the assessment has been done.
“What seems to happen is that individuals are sent off for 30 days and they are not returned to court when the assessment is made, but simply left in limbo until the passage of 30 days,” he said.
Pendleton told Brennan he was mindful of his concern.
Last month, court documents obtained by the Times Colonist revealed the Forensic Psychiatric Hospital is in crisis.
On Jan. 29, Dr. Johann Brink, vice-president of medical affairs and research for the Forensic Psychiatric Services Commission, wrote to Chief Judge Thomas Crabtree to inform him the hospital is unable to meet its legal mandate to provide specialized psychiatric services for adults in conflict with the law.
In his letter, Brink advised Crabtree that 21 mentally ill men were waiting to be admitted to the hospital. Of these, 13 were in jail waiting to be assessed.
Brink said the hospital would request 30-day extensions to assessment orders more frequently, and said it “may not be able to complete assessments on male accused persons in time for court.”
On Wednesday, Ben Hadaway, communications officer for the Provincial Health Services Authority, confirmed 18 people are waiting for beds at the hospital. Since March 12, 10 court-ordered assessments have been adjourned for an additional 30 days.
Health Minister Terry Lake is offering more funding to help retain and recruit new forensic psychiatrists at the hospital.
In an earlier interview, forensic psychiatrist Dr. Shabehram Lohrasbe said jail and segregation are bad news for the people with mental illness.
“There is no question that a person with a major mental disorder is not well served through incarceration in general and certainly ill-served by segregation,” he said.
