Judge orders public guardianship for badly damaged Nunavut man

A 28-year-old Nunavut man—badly damaged by childhood abuse and adult mental illness—should be placed under the care of the Office of the Nunavut Public Guardian for five years, Justice Paul Bychok ruled in a judgment released last week.

The man, called “R.A.,” contested an application made by the office last year to have him put into its care.

But after hearing evidence at court hearings held in December 2018 and March 2019, Bychok has ruled that R.A.’s mental illness is so severe, he can’t understand that he’s mentally ill and must be put into the care of the state.

“Mr. A.’s personal circumstances are tragic. He suffers from major mental illness and is not capable of appreciating that fact,” Bychok said in his judgment.

“The evidence before the court established that Mr. A. is estranged from his family. He has no support network. Realistically, there is no one available to provide Mr. A. with the assistance he desperately needs to function safely in society,” Bychok said.

R.A. was born premature and suffered so much neglect and abuse at home that at age four, he was moved into the home of his maternal grandparent.

At around age 12 or 13 he began to use solvents, and about 10 years ago, his father died by suicide, an event that still affects him deeply, Bychok said.

As an adult, he’s been diagnosed with paranoid schizophrenia and cannabis use disorder, and has a long history of time spent in hospital in institutions in Alberta, Ontario and Manitoba.

“Upon admission, his behaviour was disorganized, he claimed magical powers, including the ability to read minds and convert water into wine,” reads a psychologist’s report that describes the man’s condition in 2014, at an institution in Manitoba where he was admitted following a suicide attempt.

He also appears to have been banned permanently from the men’s shelter and the Akausisarvik mental health facility in Iqaluit, and his family appears to have disowned him, Bychok said.

The Nunavut public guardian is an employee of the Department of Family Services who looks after adults who cannot care for themselves and have no one else to look after them.

A territorial law called the Guardianship and Trusteeship Act sets out the rules for how adult guardianship should be managed in Nunavut, including provisions aimed at ensuring the law is not used to infringe on people’s rights.

So Bychok said he didn’t want to go too far in depriving R.A. of his personal autonomy.

“Judges must act with care and the utmost caution before depriving a person of their autonomy,” he said.

At the same time, R.A.’s case is more complicated than most others because he does seem fully aware of his situation.

For example, a test administered by a psychologist found R.A. knows how to read, write and recall information, is fully aware of time, and knows how to communicate verbally.

He also knows how to shower, bathe, comb his hair, brush his teeth, and how to dress and feed himself, Bychok’s judgment said.

“Mr. A.’s case is challenging because he is capable of some discernment and able, with structure and assistance, to function reasonably well in some areas, Bychok said, quoting a psychologist’s report.

But R.A. also neglects to take medication and requires a guardian to keep him from harming himself, one psychologist said.

“Left to his own devices, Mr. A. is at serious risk of harm, either intentionally or through misadventure. Based upon his documented history, family support is poor. Medication non-compliance, when not under direct care, is also a significant concern,” psychologist George Stones said in a report.

After weighing and balancing all the evidence, Bychok ordered that R.A. be placed in the care of the public guardian for a period of five years. During that time, the guardian will decide where R.A. will live and give consent to any health care treatment that R.A. requires.

But as a safeguard, Bychok said he wants the public guardian to provide him with a progress report in one year.

Public Guardian for Nunavut... by on Scribd