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 police jurisdiction.
The woman, aged 34, has epilepsy, autism, and intellectual challenges. To safeguard her privacy, CBC News has chosen not to disclose her identity.
Her caregiver, Melanie Byrne, described her as having childlike interests such as playing with dolls and believing in Santa Claus. The woman has been under Byrne’s care since 2019 when she started residing with Byrne and her husband.
Byrne emphasized the distinction in the woman’s communication style, noting that she engages in conversations more akin to a child’s interests rather than those of an adult. This distinction, according to Byrne, is crucial in assessing how RCMP Constable David Banko allegedly handled the woman during an incident last winter.
Byrne asserted that the woman’s demeanor has noticeably changed since the incident took place eight months ago, expressing a desire for an apology, accountability, and changes in response to the events of that day.
On March 21, the woman, along with her respite worker Nicole Gulliver, visited the Pottle Centre in downtown St. John’s, a non-profit organization offering social and recreational activities for individuals dealing with mental health challenges and addiction issues.
Despite the center’s closure at 4 p.m. and the scheduled pick-up by GoBus, the woman, engrossed in creating a Roblox online game account, was reluctant to leave. Byrne instructed Gulliver to seek assistance from the center’s staff to encourage the woman to depart. As tensions escalated, a center staff member abruptly shut down the computer, exacerbating the woman’s agitation.
Following unsuccessful attempts to resolve the situation, Gulliver contacted 811 to request assistance from the Royal Newfoundland Constabulary’s mental health crisis unit. Banko, identified as Gulliver’s partner, promptly arrived at the scene and allegedly handled the situation insensitively, leading to the woman’s distress.
Despite Banko arresting the woman for mischief, the RNC, upon arrival, decided against pressing charges. Byrne lodged an assault complaint against Banko, which was initially referred to the Serious Incident Response Team (SIRT-NL). However, SIRT-NL declined to investigate, citing reasons that fell outside its jurisdiction.
The RNC conducted its inquiry, gathering testimonies and reviewing footage before concluding the case in May without charges against Banko. The Newfoundland and Labrador RCMP refrained from commenting on the specifics of the complaint, emphasizing the need to preserve the integrity and privacy of the review process.
Byrne also filed a complaint with the Civilian Review and Complaints Commission for the RCMP. The commission refrained from divulging details or comments on ongoing complaints to safeguard the integrity of the investigative process.
Byrne insisted that Banko’s actions at the Pottle Centre were inappropriate, underscoring the necessity for training, an apology, and reassurances for handling similar incidents differently in the future. Despite Byrne’s requests, the Pottle Centre and its board of directors remained unresponsive to interview requests.
Leah Farrell, from the Autism Society of Newfoundland and Labrador, highlighted systemic failures in public services concerning individuals with neurodivergent conditions, emphasizing the need for enhanced staff training and clearer protocols to prevent the “criminalization of disability.”
The woman, since the incident in March, has experienced deteriorating health, requiring hospitalization with intermittent improvements and setbacks. Byrne expressed concerns over the woman’s prolonged recovery and the impact of the incident on her overall well-being.
