Crucial Recommendations Issued to OPP to Address Neglect of Disability Needs in Police Custody
A recent report from policing expert Gerry McNeilly issued substantial recommendations to the Ontario Provincial Police (OPP) after officers failed to support the proper medical care for a woman with diabetes held in their custody. McNeilly’s report emphasizes that officers have a duty to inquire about the medical conditions of arrested individuals to ensure their health is not jeopardized and their disability human rights are recognized.
Powell v. Ontario (Solicitor General), 2023 HRTO 345
McNeilly’s review and report were a key public interest remedy advocated at the Human Rights Tribunal (HRTO) by the Human Rights Legal Support Centre (HRLSC) on behalf of Deborah Powell. In the case of Powell v. Ontario (Solicitor General), 2023 HRTO 345, the Tribunal found that, despite the first aid training received by OPP officers attending to Ms. Powell, which included diabetes and its management, the officers failed to ask her if she needed to check her blood-glucose levels— a regular and essential activity for people with diabetes.
The McNeilly Report:
McNeilly’s report, delivered to Ontario’s Solicitor General, recommended that diabetes be more comprehensively addressed as a medical issue for people held in custody. McNeilly consulted with Toronto Police Service, Peel Regional Police and Ottawa Police in preparing his report and recommendations for the OPP. McNeilly concluded that officers need “to become more knowledgeable in addressing issues around medical circumstances that may arise” during detention and arrest even if the person in custody is not at the moment exhibiting diabetic symptoms.
“This Human Rights Tribunal decision underlines the necessity for public sector organizations to uphold their obligations under the Human Rights Code,” says Jo-Ann Seamon, HRLSC’s counsel. “The OPP showed little interest in our client’s health condition, failing to recognize their duty to accommodate her diabetes related needs under the Code.”
The Recommendations:
To ensure compliance with human rights law, McNeilly recommended that the OPP create a policy that identifies diabetes as a medical disability with detailed information about supporting and treating people with type 1 and type 2 diabetes. Additionally, McNeilly recommended that policies on custody and prisoner care place a positive duty on officers to inquire about medical information at the outset and to continue to make follow-up requests for medical information. McNeilly also noted that problems occur if officers rely solely on their own assumptions to draw conclusions about medical conditions of people being detained.
The urgent need to update policies:
McNeilly called for the urgent need to update the OPP’s policies in rural and remote areas, especially regions with Indigenous communities, “where the prevalence of diabetes may be more profound.” McNeilly found there were fewer officers available to check in with arrested individuals at rural and remote OPP stations, which could further delay the process of providing medical screening and support to people in custody.
“Over one-third of the calls made to the HRLSC raise concerns of disability discrimination and the proactive duty to inquire is a crucial component of upholding the rights of people with disabilities,” says HRLSC Chair Ena Chadha. “I am pleased that Mr. McNeilly’s report is pushing the OPP to better understand and address gaps in its service and to treat people with disabilities with dignity and respect.”
Chadha notes that the failure to act on McNeilly’s report would have a disproportionate impact upon the most vulnerable communities across Ontario and create compounding harm. “It is encouraging that Mr. McNeilly also recognized the intersectional human rights issues at play here. The recommended policy changes may also have positive impacts for people from Indigenous, Black and other communities, who disproportionately live with health conditions like diabetes and who are more likely to have more numerous and negative interactions with law enforcement.