PPAO in the Media
August 14, 2003
Midland Mirror
Patients lodge complaints about PMHC searches
After complaints from three patients about alleged improper strip searches,
the Psychiatric Patient Advocacy Office has penned a letter of concern
to the chief of the forensic division (Oak Ridge) at the Penetanguishene
Mental Health Centre.
On August 6, a full-ward search took place in one area of the maximum security mental health facility that involved a strip search of 20 patients. A smoking ban was implemented at the facility on May 6, and the extensive search involved looking for tobacco and smoking paraphernalia. Some patients claim they were required to take down their pants and underwear, and to bend over while in the corridor of Ward 06.
"The first three patients were asked to come out of their rooms. When one of the staff was searching their rooms, the patients were physically searched. At first, with a metal detector and then they were asked to empty their pockets, take their shoes off, take their socks off and I was surprised to hear that they were asked to pull their pants and underwear down and bend over," said long-time patient, Denis LePage, who initially refused to co-operate when asked to do the same.
According to LePage, who was fifth in line to be searched, when he mentioned the MHCP policy regarding security searches and told staff that strip searches need to occur in private, they offered to bring him into a private area where he could choose the staff member he felt most comfortable with.
LePage says he is not aware of anyone else being asked to bend over after him.
Spontaneous full-ward room searches are conducted regularly at Oak Ridge and, according to Dan Parle, director of planning and public information at MHCP, are a security must for a maximum-security facility, to ensure against contraband and weapons.
Most of the patients are at Oak Ridge because they committed a serious crime - more likely against people than property - and have been deemed not criminally responsible due to a mental disorder.
"We did require the patients to disrobe in this particular case because we were looking for some serious hazards, which were lighters and matches, specifically," said Parle who confirms that smoking materials were found during the search. "They are not allowed at Oak Ridge, nor have they ever been allowed, but we have been finding them in places and we're worried about fire hazards."
Parle says he can't accurately comment on whether or not patients were asked to bend over because he wasn't present at the time of the search. However, body cavity searches - which are a more intrusive procedure that should, according to MHCP policy, be performed by a physician - were not undertaken.
"Having someone bend over wouldn't necessarily mean that you would have checked the cavity," said Parle. "You would have to go farther than that. And there are other body cavities. People secure things in their throats sometimes."
Bill Kent of the Psychiatric Patient Advocacy Office (PPAO) says there are other concerns about the strip search, which he contends violated the institution's policy. According to the document, the 'strip patient searches' should have taken place in a private area. Some patients have complained to the PPAO that they actually occurred in the corridor where other patients and staff not involved in the search could see.
The document also states: "Strip Patient Searches will be conducted when there is a reasonable and probable cause that a safety/security risk exists, and where the patient is suspected of having contraband on his person."
One patient, who is a non-smoker and who prefers not to be identified, believes this part of the policy did not protect his rights.
"I'm a non-smoker. Why would anybody be searching me for cigarettes? On top of that, I'm allergic to tobacco smoke and I've been making all kinds of complaints that I can't breathe (because smoking is still happening). I've put several complaints in about it."
After refusing to participate, this patient was secluded in his room - which falls in line with the policy - until he told the staff that while he would not take part in removing his clothes, he would not struggle if they removed his pants.
"So, they told me to stand back and they came into my room and told me to turn around and they restrained both my arms and another staff unbuttoned my pants and pulled them down and they did the search."
The search, itself, did not involve touching his body, but he says he felt violated nonetheless.
According to the policy, it is within the mandate of staff to visually check all body orifices during a strip search. If the patient refuses to co-operate - as these two patients did initially - policy states that they will be secluded.
"Being asked to strip so you can be visually checked for contraband, isn't a pleasant experience. I don't think anyone would argue that it is," said Parle. "Is it necessary? Well, if you have materials that could light the place on fire and cause the death of many people in the building, yes, it's going to be necessary."
Since the 100-per-cent smoking ban was implemented, MHCP officials have had some reports of patients and staff continuing to smoke. This has led to complaints by non-smokers that the risk of second-hand smoke is even greater now that it is not confined to a ventilated smoking room.
In Wards 04 and 06 at Oak Ridge, hastily-tossed lighters, matches and cigarettes have been found by staff when they have investigated the smell of tobacco smoke. Oak Ridge is a separate building form the regional mental health centre, where Parle says they have dealt with only a few incidents of people smoking. "We need to follow our policy and we need to protect the safety from fire of our patients, so we need to go through and do these searches."
Kent suggests another resolution. "We would suggest that the simple solution would be to allow people to exit the building to smoke. If you want to have a smoke-free environment, you can do that but allow people to exit the building to smoke."
Kim Goggins: Special
