A review is underway of the actions of an RCMP officer who arrested an intellectually delayed woman and removed her from a mental health social centre, while off duty and in a different police jurisdiction.
The woman, 34, has a seizure disorder, autism, and intellectual and cognitive impairments.
CBC News is not identifying her to protect her privacy.
“She enjoys things that a child would enjoy. So dolls — she likes to play with dolls. She believes in Santa Claus,” said Melanie Byrne, her caregiver, in a recent interview.
The woman has been part of Byrne’s family for decades, but Byrne and her husband began caring for her in their home in 2019.
“Her conversation wouldn’t be the same as an adult conversation. She talks about things that would be of interest to a child as opposed to an adult.”
Byrne believes that distinction is important, because it should have changed the way she says RCMP Const. David Banko handled the woman last winter.
Eight months after the incident, Byrne says the once happy, social woman hasn’t been the same.
Byrne says she wants an apology, accountability and change, in the wake of what happened that day.
Visit at the Pottle Centre
On March 21, the woman and her respite worker, Nicole Gulliver, went to the Pottle Centre, an adult social and recreation non-profit organization for people living with mental illness and addictions, in downtown St. John’s.
Byrne says the woman was on the computer trying to make an account for Roblox, an online game, and didn’t want to leave. But the centre was closing at 4 p.m. and the GoBus was coming to pick her up.
By 15 minutes before closing, Byrne says it was clear that the woman didn’t want to leave. She says she instructed Gulliver to ask a staff member to encourage her to leave.
With that, Byrne says, a staff member at the Pottle Centre powered off the computer, adding to the woman’s agitation.
Byrne says she told Gulliver to call 811 and request the Royal Newfoundland Constabulary’s mental health crisis unit, which consists of a mental health clinician and a plain-clothed officer trained in crisis intervention.
“It wasn’t a crisis what was happening, but at that point, if we’ve exhausted what we could do, what could we have done next?” she said.
Gulliver, who had been the woman’s respite worker for seven years, told CBC News a staff member at the centre said she had called her partner — a police officer.
A minute or so later, Gulliver says, a man arrived.
“He ran up over the stairs. He didn’t walk up, he came in full force,” Gulliver said in a telephone interview.
“He was saying to her, I could charge you and have you charged with mischief…. Like there was no compassion there at all.”
Gulliver was on the phone with Byrne when she alleges Banko began “dragging [the woman] down over the stairs.”
Byrne says she heard a commotion on the phone call and the woman screaming, “You’re hurting me, you’re hurting me, you’re hurting me.”
“Nicole was saying, ‘Oh my God, he’s dragging her down the stairs.’”
When Byrne arrived, she says, everyone was outside the building and the RNC were on the scene.
Byrne says the woman was fearful she was going to jail and complained that her head hurt.
Banko arrested the woman for mischief. However, when the RNC arrived on scene, they declined to charge her with any crime.
SIRT-NL declines to investigate
Byrne made an assault complaint to the RNC against Banko.
In an email replying to questions from CBC News, the RNC said the complaint was originally directed to the Serious Incident Response Team (SIRT-NL).
That civilian-led oversight agency is responsible for conducting investigations into incidents involving “death, serious injury, sexual offence, domestic violence or any matter of significant public interest” that may have arisen from the actions of a police officer in the province.
However, SIRT-NL declined to investigate. In an email to CBC news, SIRT said the investigation did not fit within its mandate.
Royal Newfoundland Constabulary Const. Stephanie Myers says the RNC did an investigation of its own “that included multiple witness statements and video review.”
The file was closed in May without charges against the officer.
Byrne says the RNC advised her that when a person is in a facility and a facility has closed, an officer “has a right to physically remove them from the premises.”
Melanie Byrne says the woman, who has been part of her family for decades, hasn’t been the same since she was arrested by an off-duty police officer eight months ago. Ariana Kelland reports.
RNC Sgt. Jarrett Morgan wrote in an email to Byrne that his investigation found the woman was sitting in a chair in front of the computer refusing to leave, and that Banko was with her for approximately five to six minutes before arresting her.
Byrne says that’s not enough time for him to coax her to leave.
The Newfoundland and Labrador RCMP is not commenting on the specifics of the complaint, only to say that one was received.
“We cannot speak to the nature of the complaint or the potential outcomes — even in broad terms — at this time, to protect both the privacy of everyone involved (including the complainant and any witnesses) and the integrity of that review,” wrote an RCMP spokesperson.
Byrne made a complaint with the Civilian Review and Complaints Commission for the RCMP.
In an email to CBC News, the CRCC said it does not confirm or comment on complaints, also citing the need to protect the integrity of the complaint process.
Byrne says she has not been given any timeline on when that process will be complete.
Pottle Centre mum on incident
Byrne believes Banko overstepped in this situation, and says training and an apology are necessary.
She is also seeking assurances that a similar incident will be handled differently at the Pottle Centre.
Neither the Pottle Centre nor its board of directors responded to requests for an interview.
But in two emails sent to Byrne following the woman’s arrest, the board of directors indicated it would be reviewing its policies and procedures.
In an email dated March 26 and provided by Byrne to CBC News, the centre’s board of directors told Byrne that they empathize with “any impact” on the woman.
They noted that the Pottle Centre “has supported individuals with mental health concerns, and have always treated our members with compassion and dignity” for over 40 years.
They wrote that such an incident has not happened before and that “we will work to continue to minimize events like this moving forward, and ensure we continue to operate using trauma informed approaches for best possible outcomes for situations like these.”
Byrne says the Pottle Centre did not offer an apology.
In a subsequent email to Byrne, the board of directors said a meeting was convened to discuss the incident as well as the centre’s processes and policies.
“We are continuing to review for efficacy, appropriateness and person centered approaches in working with our members,” said the board of directors.
Byrne says that’s not enough to allay her concerns.
Incident reflects ‘broader systemic failures’
Leah Farrell, director of advocacy and outreach with the Autism Society of Newfoundland and Labrador, wrote a letter in support of the woman.
She provided it ahead of a meeting Byrne had this summer with Lorelei Roberts, an assistant deputy minister with the Department of Justice, and RCMP Chief Supt. Pamela Robinson.
“This incident reflects broader systemic failures in how our public services, including mental health supports and crisis response protocols, recognize and respond to neurodivergent individuals,” Farrell wrote.
She noted that the incident highlights the need for staff training, clear protocols and collaboration to prevent the “criminalization of disability.”
In an interview with CBC News, Farrell says that, for some neurodivergent individuals, transition from one place to another can take more time and more communinication.
“It could have been approached in a very different way,” Farrell said.
“It’s unfortunate that the advocacy had to happen in the first place, but any kind of awareness is helpful.”
The woman has been hospitalized since March — with a 22-day break in July when she appeared to be improving before taking a turn for the worse, due to her seizure disorder.
There is no evidence to suggest the incident is directly related to the woman’s deteriorating condition.
But Byrne said the woman has gone long periods where she did not recognize Byrne or other family members, and she stopped eating and drinking.
“I don’t know if she will ever be the same again after this incident,” Byrne said.
“It’s just her spark is gone.”
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