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RCMP Officer’s Handling of Woman with Disabilities Under Evaluation

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An evaluation is currently in progress regarding the conduct of an RCMP officer who apprehended a woman with intellectual disabilities and escorted her out of a mental health social center while off duty and outside his usual police jurisdiction.

The woman, aged 34, suffers from a seizure disorder, autism, and intellectual and cognitive challenges. To safeguard her privacy, CBC News has chosen not to disclose her identity.

Describing her, Melanie Byrne, her caregiver, mentioned, “She enjoys things that a child would enjoy. So dolls — she likes to play with dolls. She believes in Santa Claus.” The woman has been under Byrne’s care for many years, but Byrne and her husband officially took over her care at their home in 2019.

Byrne emphasized that the woman’s communication and interests resemble those of a child rather than an adult, which she believes should have influenced how RCMP Const. David Banko handled the woman during the incident in the past winter.

After eight months, Byrne noted a significant change in the once cheerful and sociable woman following the incident. Seeking an apology, accountability, and reform, Byrne expressed her reaction to the events of that day.

On March 21, the woman, accompanied by her respite worker, Nicole Gulliver, visited the Pottle Centre, a non-profit organization providing social and recreational services for adults dealing with mental health issues and addictions in downtown St. John’s. Despite the closing time approaching, the woman, engrossed in creating a Roblox account on the computer, was hesitant to leave.

Byrne indicated that as the closing time neared, the woman’s reluctance to depart became evident. Instructing Gulliver to seek assistance from a staff member to encourage the woman to leave, Byrne described how the situation escalated when a staff member turned off the computer, further agitating the woman.

Following instructions, Gulliver contacted 811 to request the Royal Newfoundland Constabulary’s mental health crisis unit. However, instead of the expected assistance, a police officer arrived promptly, and according to Gulliver, his approach lacked compassion and understanding.

Allegedly, the officer proceeded to arrest the woman for mischief, but upon the arrival of the Royal Newfoundland Constabulary, no charges were filed against her. Byrne lodged an assault complaint against Banko with the RNC, which was initially referred to the Serious Incident Response Team (SIRT-NL) but was subsequently declined for investigation.

The RNC conducted its own inquiry, which concluded without any charges against the officer. Byrne, still seeking redress, lodged a complaint with the Civilian Review and Complaints Commission for the RCMP, although the specific details remain undisclosed.

Byrne expressed her belief that the officer overstepped his boundaries and stressed the necessity of training and an apology. She also demanded assurances that a similar incident would be handled differently at the Pottle Centre, which has not responded to interview requests.

The incident prompted Leah Farrell, the director of advocacy and outreach at the Autism Society of Newfoundland and Labrador, to advocate for the woman, highlighting systemic failures in responding to neurodivergent individuals. The incident underscored the need for improved staff training, clear protocols, and collaboration to prevent the criminalization of disabilities.

The woman’s health deteriorated following the incident, leading to hospitalization and significant challenges in her well-being. Byrne expressed concerns over the lasting impact of the incident, noting that the woman’s vitality and spirit seem diminished.

Efforts are ongoing to address the incident and prevent similar occurrences, with calls for better training, understanding, and support for individuals with neurodivergent conditions.

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