By Franke James

My sister Teresa is stepping forward as a self-advocate. She has written a letter to Ontario’s Minister of Health and Long-Term Care, Dr. Eric Hoskins asking him to please send her a letter!


“Dear Minister Hoskins, It was nice that you apologized on TV for putting me into a nursing home. But it’s weird that you have not sent me the apology in writing. Did you forget? Please send me a letter. I did not want to live in a nursing home. I am capable…”

For over two months, Teresa has been waiting — and waitingand WAITING — to hear from Minister Hoskins. Because two months ago, on July 22, the Minister apologized on Global News TV for Ontario’s placement of Teresa in a “seniors residence” in 2013. I think most Canadians would be shocked that Teresa — at 49-years of age — was placed in a nursing home which specialized in dementia and palliative care.

The Minister’s statement of apology on TV was good news. But confusingly, there was no follow up by him, or any Ministry staff!

Teresa herself calls it “weird” that he has not sent her the apology in writing. I agree. Most people would expect that the Minister would have contacted Teresa afterwards. Most people would expect that at the very least he would have sent a letter to Teresa. More than two months has elapsed, and there has been NO letter expressing regret. NO phone call to say sorry. Nothing. It sends a message that they don’t really care.

So Teresa wrote this letter to Minister Hoskins…

Teresa Pocock's letter to Minister Hoskins Sept 23, 2016: Dear Minister Dr. Hoskins, It was nice that you apologized on TV for putting me into a nursing home. But it's weird that you have not sent me the apology in writing. Did you forget? Please send me a letter. I did not want to live in a nursing home. I am capable. I am an artist and a poet. My book is “Pretty Amazing” and totally amazing. Sincerely,Teresa Pocock

As Teresa herself writes, she did not want to live in a nursing home. Her “placement” in 2013 was done against her wishes and was very traumatic. It changed her life. Global News Journalist, Christina Stevens did a two-part news story about Teresa’s experience: “Ontario woman forced into long-term care wants apology from provincial government.” Stevens interviewed Minister Hoskins, but he refused to answer any questions about Teresa’s file citing “privacy” reasons. Teresa and I then gave permission for the Minister to speak with Stevens for the second part of the news story.

Stevens did some remarkable digging to find out how many other people with developmental disabilities are in long-term care. She discovered that Teresa is just the tip of the iceberg. There are more than two thousand, nine hundred “Teresas” living in Ontario long-term care facilities.  Stevens pressed Minister Hoskins for an apology for Teresa. He did not appear on air, but sent a statement to Global News: “I would like to apologize to Ms. Pocock and her family for her being placed in a seniors residence.”

The Minister’s statement of apology on television was good news. But confusingly, there was no follow up by him, or any Ministry staff! Why has there not been any follow up?

Most Canadians do not realize — and I did not know until it happened to my sister — that nursing homes have become the new dumping ground for the intellectually disabled. I now see this segregation as an insidious form of discrimination. The Canadian Association for Community Living writes, “Today in Canada, thousands of Canadians with intellectual disabilities remain trapped in large, segregated institutions — inappropriately and unjustifiably segregated from society. They remain, for the most part, hidden and removed from mainstream society despite a collective knowledge, based on research and practice over the past 30 years, that with proper community based supports all persons with intellectual disabilities thrive in the community. They remain in these institutions as a result of inaction by governments and communities.”

The Ontario government is facing a big crisis regarding adults with developmental disabilities. The Ontario Ombudsman, Paul Dubé, has just completed a multi-year investigation into Ontario’s treatment and care of people with developmental disabilities. On August 24, Mr. Dubé published Nowhere to Turn,” a highly critical report on the Ontario government’s handling of the crisis, calling it a “systemic failure”. I read the 182-page report in full, as well as numerous media reports and editorials on it.
ntt-cover-en
The Ombudsman’s report detailed many heartbreaking cases, including those which amount to “a modern-day version of institutionalization.” Mr. Dubé also acknowledged that long-term care homes are providing institutional care to adults with developmental disabilities, “despite the fact that such settings can be wholly unsuitable.” 

“In my opinion, the Ministry’s response to urgent situations involving adults with developmental disabilities and its administration of the process to address crisis cases has been unreasonable and wrong. I have made 60 recommendations for reform, including a requirement that the Ministry [of Community and Social Services] report back on its progress in implementing necessary changes.”

But despite sounding the alarm, the Ombudsman also struck an optimistic, upbeat note. He cited a new “culture change” and better leadership!

What really made the difference is leadership, and attitudinal changes at the Ministry, from the top down. Officials are no longer aloof and are more willing to engage directly in resolving individual crisis cases. They are no longer on the defensive when dealing with our Office and see the value we can add in helping them maximize service to Ontarians.”

I would like to believe Mr. Dubé. I hope that the Ontario government has turned over a new leaf — and sincerely wants to do better in its treatment of people with developmental disabilities. I believe that the Ombudsman, Paul Dubé, would want — indeed expect — Minister Hoskins to show some respect and kindness to Teresa by sending her a letter.

If I had Minister Hoskins‘ ear, I would tell him that this is a golden opportunity for him to show the Ontario Ombudsman that there really has been a “culture change” in Ontario’s treatment of people with developmental disabilities. And that by sending a sincere letter of apology to my sister Teresa he will demonstrate that he is part of the change (and his apology was not just done to please the TV audience).

“…the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; those who are in the shadows of life; the sick, the needy and the handicapped.”
~Hubert H. Humphrey

Teresa has sent her letter to Minister Hoskins — along with an autographed hardcover copy of her new book, Pretty Amazing: How I Found Myself in the Downtown Eastside. We hope the Minister replies.

teresaautograph_2695_1000

RELEVANT LINKS:
Pretty Amazing Cover KindleTeresa Pocock’s book: Pretty Amazing: How I Found Myself in the Downtown Eastside.

Teresa Pocock’s Change.org Petition: Tell the Ontario Government, Human Rights Should Be For Everybody.

Human Rights Letter: BC Civil Liberty Association‘s July 12, 2016 letter in support of Teresa, was co-signed by the Canadian Association for Community Living, Inclusion BC, Plan Institute, People First of Canada, Spectrum Society for Community Living, Vickie Cammack, and Al Etmanski.

Vancouver Sun: Artist with Down syndrome written off as ‘incapable’ blooms in the Downtown Eastside

“I Am Alive” by Teresa Pocock on Vimeo.

mmcoverprettyamazing_article__1642c

By Franke James for Megaphone Magazine
Photo of Teresa Pocock by Zack Embree

“Freedom” describes Teresa Pocock’s awakening as an artist and poet in the Downtown Eastside. When she draws, she is free. There is no filter. She doesn’t second guess herself or say her drawing isn’t “good enough”. She is confident. She lets whatever is on her mind come out, freely.

But the freedom to make her own decisions and choices—where she lives, what she does, and how she expresses herself—is new to her. Teresa has Down syndrome. It’s been very difficult for her to assert her rights and be her own person. For much of her life, she’s been wrapped in a cocoon, where other people made decisions for her. This was made evident in 2013, when Teresa was forced into a nursing home in Ontario at age 49.

Against her wishes, Teresa was placed in a long-term care home that specialized in dementia and palliative care. It was absolutely the wrong place for her. When Teresa said she didn’t want to live there, no one listened. Fortunately, Teresa’s father, a retired lawyer, was able to get her released after four days. The next day, Teresa came to live with me and my husband. Three months later, we moved from Ontario to British Columbia and eventually settled in Gastown in the Downtown Eastside.

Finding her voice
Settling in the Downtown Eastside turned out to be a great stroke of luck for Teresa and her budding career as an artist. She applied for a DTES Small Arts Grant to create an illustrated book about her new neighbourhood. The grant was approved in February, and Teresa got to work.

Over the next four months, Teresa created about 100 illustrations in large spiral-bound sketchbooks using vibrant hues of magic markers. She also wrote 10 poems for the book. My husband and I helped Teresa design and self-publish her book.

Pretty Amazing: How I Found Myself in the Downtown Eastside is a collection of Teresa’s art and poetry. In her opening poem, I Am Alive, she shares her upbeat philosophy on life: “Be nice to everyone.” And she says she feels “redeemed. Okay, I am reborn. In Gastown.”

Her natural ability to express herself through art is important. In her art and poetry, she can freely express her worries and her joys. Her poems reflect the dialogues she has with herself. Often, she takes on the role of her own parent, saying, “Please be nice to my daughter.” And she encourages herself: “You’re not afraid of those monsters. You have the power of attorney.” Her power of attorney document helped win her release from the nursing home. To this day, Teresa carries the updated document with her.

In her poem “The Schedule,” Teresa shows how she organizes her day. She carefully plans the times for her breakfast, lunch, snack, and dinner. She includes these detailed times in her drawings and often scratches the numbers out as the hours pass. We hear her sense of humour and wordplay when she writes, “We are quite a pair. Eat your pears at Nesters. I love Perrier.” When she reads the poem aloud she laughs at her own cleverness.

The unexpected
Teresa is enjoying her new identity as an artist and author. This past summer, she launched her book and art show at Gallery Gachet. And then something amazing happened. For almost three years now, Teresa has been asking the Ontario government to apologize. Her Change.org petition—Human Rights Should Be For Everybody— garnered more than 26,000 signatures. Last month, the B.C. Civil Liberties Association and seven other signatories sent a letter to the Ontario government stating, “We are gravely concerned that the government, through its actions, appears to condone the forced placement and mistreatment of developmentally disabled adults.”

The letter caught the attention of Christina Stevens at Global News, who did a story on Teresa. On July 22, Minister Eric Hoskins apologized to Teresa on Global News for “placing” her in a “seniors’ residence,” saying it was not appropriate. The apology was a welcome surprise, but the Global News story exposed the fact that Teresa is just one of thousands who have been deprived of their liberty, as 2,900-plus people in that province are living in such facilities.

hoskins_globalapology

Teresa’s pretty amazing journey that brought her to the Downtown Eastside is still unfolding. She has just turned 52. She is now free to make her own decisions. Free to colour outside the lines. And free to make a difference for all people with disabilities simply by being who she is: a self-advocate and artist in the Downtown Eastside.

I AM ALIVE

Hello.
Be nice to everyone.
Look, I am alive.
You have to be nice.
I am doing fine.
Thank goodness.
I have to be nice to them.
And to the others.
That’s a brilliant idea!
You’re thinking.
And I’m thinking too.
I think we need to make a list of the things we need.
Right. I’m alive. Nesters. Flying Pig. Prado.
We love it here.
Everybody loves me.
You guys are alright, I know.
You guys, I am born. I am alive.
Redeemed.
Okay, I am reborn.
In Gastown

“I Am Alive” by Teresa Pocock on Vimeo.

Related Links:

“A Pretty Amazing Story”, Megaphone Magazine, September 2016

Global News: Ontario woman forced into long-term care wants apology from provincial government

Global News: More than 2,900 Ontarians with developmental disabilities live in long-term care facilities

BC Civil Liberties letter to the Ontario Government: Teresa Pocock’s forced admission to an Ontario long-term care home violated her human rights

bccla_twitterbadge

Who is willing to stand up to defend and assert the human rights of the intellectually disabled?

A tragic wrong occurred when Teresa Pocock was forced into an Ontario long-term care home in 2013 against her will. Despite Teresa’s many remarkable achievements since her release, the Ontario government has refused to admit they made a mistake in declaring her “incapable” and forcing her into a long-term care home. The violation of Teresa’s human rights is critically important because there are many, many “Teresas” all across Canada and in the United States. The National Task Force on Living in the Community stated that over 12,000 Canadian citizens (with developmental disabilities) are living in health related institutions such as senior’s facilities, nursing homes, acute care hospitals, long term care facilities and personal care homes, as opposed to ordinary homes in the community.

Thankfully, the British Columbia Civil Liberties Association, (BCCLA) and seven signatories are standing with Teresa.

“We believe and support Ms. Pocock’s statements that she did not want to be put into a nursing home.”

In an open letter sent to the Ontario Minister of Health and Long-term Care, the BCCLA is requesting a formal apology to Teresa from the Honourable Eric Hoskins.

“We are gravely concerned that the government, through its actions, appears to condone the forced placement and mistreatment of developmentally-disabled adults.”

The BCCLA, Canadian Association for Community Living, Inclusion BC, Plan Institute, People First of Canada, Spectrum Society for Community Living, Vickie Cammack, and Al Etmanski have all joined together to send a clear message to the Ontario Government: Teresa Pocock’s forced admission to an Ontario long-term care home violated her human rights.

Please join us in calling for an official apology from the Ontario government by signing Teresa’s Change.org Petition and sharing this letter.

July 12, 2016

The Honourable Eric Hoskins, MPP
Minister of Health and Long-Term Care
Ministry of Health and Long-Term Care
10th Floor, Hepburn Block
80 Grosvenor Street
Toronto, ON M7A 2C4

Dear Minister Hoskins:

Re: Teresa Pocock’s forced admission to an Ontario long-term care home violated her human rights

At age 49, Teresa Pocock was forced against her will into an Ontario Long-term Care Home. The traumatic experience shattered her trust and created psychological distress. These events compelled her to leave her home province of Ontario where she was living at the time. She moved to B.C. where she is flourishing as an emerging artist and is also a BCCLA member.

We believe and support Ms. Pocock’s statements that she did not want to be put into a nursing home.

The BC Civil Liberties Association is concerned that the Ministry has violated Ms. Pocock’s rights, which are protected by the UN Convention on the Rights of Persons with Disabilities, the Charter of Rights and Freedoms, and Ontario law.

We are gravely concerned that the government, through its actions, appears to condone the forced placement and mistreatment of developmentally-disabled adults. We understand that your ministry conducted a 14-month long investigation into Ms. Pocock’s treatment. We understand that, despite uncovering evidence of institutional wrongdoing, the Ministry of Health and Long-Term Care produced a report that concluded that government agencies had done nothing wrong. However, Ministry documents obtained under a Freedom of Information and Protection of Privacy Act (“FOIPPA”) request suggest that the investigation found indications that the law may have been broken in Ms. Pocock’s case, resulting in a violation of her rights.

The information that has been provided to us about Ms. Pocock’s case strongly suggests that Ms. Pocock’s rights under the Convention on the Rights of Persons with Disabilities and the Charter of Rights and Freedoms were violated when she was forced into long-term care against her will.

Ms. Pocock’s right to decide where she lives under Article 19 of the Convention was violated when an Ontario social worker conducted her Capacity Assessment without proper consent and against Ms. Pocock’s written legal directions in her 1995 Power of Attorney. Moreover, the evidence that has been provided to us suggests that the social worker falsely indicated on the consent form that he had reviewed Ms. Pocock’s Power of Attorney when in fact he had not done so.

We are deeply troubled by the findings of the Ministry’s investigation. The documents provided to us through the FOIPPA request that were obtained from your Ministry, in our view, support Ms. Pocock’s assertions that she was wrongly deprived of her liberty.

We urge you to issue a formal apology to Ms. Pocock without further delay.

The following individuals and organizations join the BCCLA in calling on the Ontario Ministry of Health and Long-term Care to uphold the laws of Ontario and Canada to defend Ms. Pocock’s human rights and liberty.

Sincerely,

Josh Paterson
Executive Director of the British Columbia Civil Liberties Association

bcccla_logo

Michael Bach

Vice-President of the Canadian Association for Community Living

cacl_logo_350

Faith Bodnar
Executive Director of Inclusion BC

Inclusion-Logo_254

Tim Ames
Executive Director of Plan Institute

plan_logo240

Kory Earle
President of People First of Canada

PFC-Logo_350

 

Ernie Baatz
Executive Director, Spectrum Society for Community Living

spectrun_logo

 

Vickie Cammack

 

Al Etmanski

See the PDF copy of the BCCLA letter to Hon. Eric Hoskins:

“Teresa Pocock’s forced admission to an Ontario long-term care home violated her human rights”