His interaction with police led to an arrest and he remains in custody

VANCOUVER (NEWS 1130) – A Metro Vancouver family is demanding their son be released from segregation and put in a psychiatric hospital after he was arrested during an altercation with police at his home in Abbotsford last Thursday.

Police were called to check on George Neufeld, 30, at his condo because he was believed to be suicidal. When he didn’t want to let them in or cooperate, the situation turned into a nine-hour ordeal that brought out several police officers, shut down a stretch of road and ended with his arrest. He was taken to the hospital with pepper spray still on his face and hair, according to his father, Peter Neufeld.

George was charged with assault and uttering threats and eventually released from the hospital into police custody before being taken to the Surrey Pretrial Services Centre, where his family says he has remained in segregation ever since.

“Absolutely helpless, stripped,” his mother, Heather Sabastian, said describing how she felt trying to help her son. “What it made me, honestly, is ashamed of being a Canadian. And I have never felt this in my life.”

The family didn’t know where their son was, according to Sabastian, and only found out when they threatened to file a missing persons report. She says the family has still not been told why George is in segregation, but believe it is because of his mental health issues and because he is transgender.

“The people who are [at the pretrial centre] are the ones who are so dangerous, they are not eligible to be on bail until they go to trial. So that’s the population he’s with,” Sabastian said. “Does this make sense? This is the worst possible place to put someone who’s vulnerable, like my son.”

His parents say George is a very careful person who loves animals. Legally blind and dealing with mental health problems, he is on disability income, but once had a small hobby-business of raising and selling aquarium animals such as snails and even axolotl.

“He’s a really kind person,” Peter said. “If you saw him at aquatic exhibits where he shows his stuff, even if there were adults trying to buy stuff from him, he would talk to the little kids who were interested in his stuff.”

This was far from George’s first interaction with police, according to his family, but it had been several years since a situation like the one at the apartment on Thursday.

Two weeks ago, George was evaluated by psychiatric professionals who said he should not be forced to be hospitalized, and recommended a new set of medication. His family says he was in the process of being transitioned onto the new medication, but what was supposed to be a bump in his psychological road turned into a nightmare.

Following his arrest, the family says a judge ordered a 30 day psychiatric evaluation for George, but they are not sure how that can happen when he’s locked up alone.

“How can anyone get well in solitary confinement? This is bizarre. In what universe is this possible?” Sabastian said, adding her son should be in a psychiatric facility.

Legal advocate says progress made on mental health and transgender inmates

Trans inmates are often put in segregation for their own protection, according to Vancouver lawyer Adrienne Smith.

“Many advocates in this area of law have been saying that mental health detention is incompatible with the criminal system and people need healthcare when there’s a mental health issue, certainly not incarceration,” Smith said.

While there could be some legitimate reasons George has been segregated, Smith said this is likely “a healthcare issue and not a criminal issue.”

B.C.’s justice system has made strides in handling transgender inmate, according to Smith, such as ensuring inmates are housed according to their gender identity rather than their sexual anatomy.

“People who go to a pretrial are held in the provincial system and that system respects gender identity, at least in terms of housing transgender people,” Smith said, adding trans inmates could be first asked whether they feel comfortable being with the general population or if they want to be kept separate.

Less overcrowding in facilities and double bunking may also alleviate tensions and prevent dangers to all inmates, Smith said.

“We should be treating trans prisoners the same way we’re treating other prisons and ideally, that should be with dignity and respect,” Smith said.

However, psychiatric facilities have also been dealing with criticism of their own.

A report from the Office of the Ombudsperson, coincidentally released the day of George’s arrest, found legally required documents for involuntary admission to designated psychiatric facilities were missing, late or improperly completed. This included forms that outlined the reason for detention, consent and description of treatment, notification of a patient’s rights and notification to relatives.

“In some cases facilities used standard rubber stamps to generally authorize treatment for individual patients instead of describing the specific treatment proposed for that patient,” the report says. “In other cases, physicians failed to explain why a person met the criteria for involuntary admission, yet the patient was nonetheless admitted. Some forms lacked the necessary signatures or dates.”

The report made 24 recommendations, including learning why documents were being missed and to stop generalizing people and the treatment they may require.

Province, police want to respect inmates

B.C. Corrections says the health and safety of inmates is a top priority and every inmate is seen by a nurse and a mental health screener within 24 hours as part of the intake procedure. The B.C. Provincial Health Services Authority began delivering health and mental health services at correctional centres on Oct. 1, 2017.

“Regardless of where they are placed, the transgender policy includes guidelines on the use of preferred pronouns, searches, and access to personal items for their self-identified gender,” a statement from the department reads. “In addition, regardless of placement, B.C. Corrections also ensures transgender inmates have access to the necessary support services and programming, such as counselling and access to community supports for transgender individuals.”

Referred to as separate confinement, BC Corrections says segregation is used as a last resort if a person is believed to be a danger to themselves or others or at risk of getting hurt. An inmate is supposed to receive a letter with the reasons for the segregation.

“To be clear, an inmate who has been identified as having mental health needs, or who has self-identified as transgender, would never be separately confined for that reason alone,” another statement reads.

Inmates in segregation are supposed to be checked by mental health support staff every 24 hours and have access to things such as exercise, mail, a phone, personal visits, health care and bathrooms. But because BC Corrections only houses adults and must abide by privacy laws, it cannot confirm if someone is being held in one of its facilities or where. Exceptions can be made if inmates with mental health needs give consent to have their information shared with family or caregivers.

All police in B.C. receive training to handle people with mental health issues, and Abbotsford Police have a mental health officer who coordinates with Fraser Health and Mental Health Abbotsford.

“We want to be respectful of people who are also struggling,” Abbotsford Police Sgt. Judy Bird said.

During Thursday’s incident at the apartment, police were responding to calls someone may be threatening to harm themselves, and each situation must be taken seriously, according to Bird. She said officers backed off when George refused to speak with police or come out.

“For us, there’s no rush to put pressure on somebody who might have mental health issues, and we want to make sure any issue or incident is resolved peacefully. In this instance, our officers backed off and we had approximately five negotiators and a command centre that was set up to be able to communicate with that person, so that everybody in that building was safe, as well as the person we’re dealing with.”

She said officers often have to deal with mental health issues that would be better addressed through the health system than the criminal justice system.

If the parents have questions, Bird said George should have been give a package regarding his case, which must be made available to his lawyer. She said with George’s permission the family could be present with the lawyer to review the documents in the package.