PPAO in the Media
Border Profiling: What’s the Story?
Originally Published by The Mental Health Rights Coalition, in their monthly newsletter “The Rights Stuff”, March/April 2007 edition. Written by Kate Moore, with appreciated assistance from Gwen Davidson and David Simpson
Over the past couple of years The Mental Health Rights Coalition and the Psychiatric Patient Advocate Office have heard from some consumers that they have had difficulty at the United States border and some have not been allowed to enter the country when they have disclosed their “mental health history.” Some of us have heard some very horrific accounts regarding what is perceived by many as discrimination towards consumers and a violation of their human and civil rights. The Mental Health Rights Coalition considers this to be “profiling” which is another word for discrimination; treating people differently based on their disabilities, ethnic background, class, status or other factors. Border profiling happens when a Government decides a person cannot enter their intended destination because of their abilities, race, or other reasons.
Consumers have come forth with their experiences of Border profiling, stating that they were not allowed to enter the United States because they were once institutionalized in a psychiatric hospital or because of their contact with the mental health system. Others have entered the States only to be returned, at their own expense, to Canada. They then may be asked by US officials to go for an independent psychiatric assessment, for which they must pay $100.00 and then be fingerprinted and photographed. This information can, on the consent of the person, be shared with various US government departments charged with homeland and border security. At times they can be asked to provide an entire medical history to Border Officials before attempting to enter the US again. Although consent may be sought at different stages of this process, not everyone may fully understand what this means with respect to their privacy rights, how the information will be shared, with whom, or how long it will be kept on file. Rights protection mechanisms appear to be absent in the current process as there does not appear to be anyone who can provide independent legal advice, advise clients of their rights or even provide them with support through a process that can be intimidating and frightening. All of this very troubling given the significance of potentially having your information shared with US federal government departments and the possible consequences for those who are turned away at the border or asked for the above information.
David Simpson, Acting Director of the Psychiatric Patient Advocate Office says that “in one case an individual was asked by the border official where they worked. In response to the question, the consumer disclosed that they were currently on leave from work for medical reasons and when pushed, further disclosed that it was for mental health reasons. Unfortunately, the individual was advised that they could not enter the country resulting in them missing out on an important family function.” In another case the individual disclosed that they were in receipt of disability benefits and were a “person in recovery from mental illness.” Again, the individual was asked to return to Canada and go through the process identified above. David says that “if we are to eliminate stigma and discrimination with respect to mental illness then we must combat it at every level, including examining polices, procedures and practices that perpetuate the myths of mental illness and disadvantage consumers.”
Gwen Davidson, Patient Advocate in the Hamilton office says that “the Psychiatric Patient Advocate Office (PPAO), has been talking to clients who have experienced this firsthand and they are looking to address it as a systemic issue because of the impact on consumers and their recovery”. However, the PPAO is in the early stages of researching this issue in hopes of obtaining more information and educating consumers about their rights, the process for supplying the requested information and what appeal processes are available, if any. It is a complicated issue and one which requires careful review and investigation before next steps and the options for resolution are determined. It may be that provincial and federal government officials in Canada need to be made aware of the problem and the impact on consumers.
The Mental Health Rights Coalition would like to hear any experiences related to this issue. If you have seen, heard of, or experienced Border Profiling, let us know the story. You can drop in and tell us about it, phone us, or even send your experience via email. The PPAO will continue to look into this issue, and will supply us with any answers they find in the future.
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