N.L. police chief apologizes for arrest of autistic teen

Newfoundland's police chief issued an apology to an autistic boy and his mother Thursday after the young man was mistakenly arrested and jailed overnight on the suspicion of being intoxicated.

Dane Spurrell, 18, was taken into police custody on Saturday night when officers failed to recognize the signs of his disorder. He wasn't released until Sunday morning.

Royal Newfoundland Constabulary Chief Joe Browne said he met with the teen and his mother, Diane Spurrell, to apologize for the "incorrect" arrest.

Browne added that the incident has been a learning experience for police.

Dane was arrested while walking home from a video store at about midnight on Saturday in his hometown of Mount Pearl, N.L.

His mother said police told him to walk on the sidewalk, and when the autistic boy failed to co-operate he was taken into custody on the assumption he was intoxicated.

Diane told CTV's Canada AM her son wasn't given a breathalyzer test and wasn't allowed to make a phone call when he was first arrested, or when officers brought him to the police station.

"They actively denied him," she said.

"He was asking from the time he was in the police cruiser throughout the night at the lockup and they kept saying he only had the right to call a lawyer, or the other answer was that he should have called instantly."

She also said police turned off his cellphone, preventing her from reaching her son.

Dane had phoned his mother at about midnight to say he was on his way home from the video store. By 1:30 a.m. he hadn't arrived and she began to worry and went searching for her son.

"I was scared to death. I didn't know where he was," she said.

"He's a very reliable person as that phone call indicates. ...He has a fairly normal life and of all the hundreds of times he has walked home alone there has never been an incident."

At about 5 a.m. she filed a missing persons report and was told Dane had been arrested for public drunkenness -- an allegation she found shocking, since her son doesn't drink.

She informed police that her son is autistic, and he was eventually released.

Comments are now closed for this story

Lynette in Saskatchewan
said

While I sympathize with the family. Police are not doctors and most do not put people in jail just for the fun of it. If everybody thinks they should know the difference between autism and drunkenes, then you try to do their job and make those split second decisions. I for one would not want to do their job and I'm grateful for the work that they do. Had they still held this legal adult after they were told he was autistic, then there should be an apology. I wish that everyone would just let the police do their job!!!

Michael in Vancouver
said

Gerald from Belleville, you are partially correct. The words in Section 10(b), "obtain and instruct counsel without delay", do not restrict a person in custody to calling a lawyer, but whatever is "counsel" in their eyes. This can be a family or friend who can act on their behalf. He right to do so was restricted when he was refused a telephone call to his mother. Nothing in the charter restricts the exercise of Section 10(b) to members before the bar.

Nick J Boragina
said

I'm wondering if he told them he was autistic, and what they did in reaction to that.

As someone who they suspect (though not proven) has a very mild form of autism, I find this disturbing, but not surprising. People jump to conclusions and then stick by them, weather they are right or wrong. Someone with the power of a peace officer, however, needs to learn how to break that natural reaction.

Farah Mohammed
said

Perhaps police should be trained to identify the difference between a person living with ASD and a person who is intoxicated. Someone living with ASD can and should not be identified as 'under the influence' by way of their action. Authorities should know that there are some people out there who live with social/ behavioral issues. I urge those who do not know much about Autism to visit the following website: www.autismontario.com here you will find information about the behavioral disorder and perhaps those who are more educated on the behavioral differences between one who is considered 'normal' and one who is living with ASD. Could prevent such discrimination in the future.

Regards,
Farah
Ajax, ON

Hal
said

What 18 year old (other than a gang-banger) would know the number of a lawyer by heart?

I suppose the child of a lawyer would, but then they probably wouldn't be allowed to call their parents.

Have they lowered the standards for law enforcement or something?

you got tolove it.
said

After over 20 years of law enforcement related duties, I believe that canadians should place pressure on all level of governments to ensure that police officers are qualified doctors (in the event that they can associate a misbehavior to a medical condition), psychiatrists (in the event that they have to identify a memtal condition), psychologists (in the event that the misbehavior is triggered by a social related disorder), a chemist or pharmacist (in the event that the misbehavior is triggered by a drug taken by a patient), a combination of martial artist, kung-fu specialist and a super athlete (so they can arrest a person without using any contreversial tools given to them), made out of foam (so there are no delays caused by them in taking their equipment off before jumping in the water), racial experts (so they can recognize to arrest people because they committed a crime and not for their color). Canadian sociaty will have to give their head a skake if they want to encourage a new generation of police officers to enroll to keep them safe. I have known good police officers who gave a life time and some their lives so the populace can sleep at night...

a teacher in Saskatchewan
said

Remember people first language... "a teen-ager with autism"... Diagnosis or disabilty does not define the person... ;)

vanessa
said

I understand that the young man in this case was not drunk. However, I still think it is shocking that someone who is just walking home drunk could be arrested and put in jail for the night without a phone call. I assume the boy wasn't causing a disturbance.

Ally
said

I have 2 sons with High Functioning Autism, both of whom are young. One thing that I already know to some degree and will learn from this family's unfortunate experience is that I have to prepare my sons for all possible "social" outcomes as their natural reactions to a situation are not usually correct. The social aspect of the disorder is very difficult to overcome and everyday situations need to be prepared for. While I hope (as all parents do) that my children never do anything to end up spending a night in jail I now also know I need to prepare them on how to react if approached by a police officer.
I sympathize deeply with this family and hope they get a satisfactory resolution.

FEDUP
said

At 18 years old you are considered and adult. Adults only get to call a lawyer not a parent. Police are not going to give you your cell phone in jail and if they are not investigating an impaired driving offence there is no reason to place a person on the breathalyzer. I agree that the police should have looked a little further into this but the police cannot be expected to determine wether a person is autistic they are not doctors. The kid looks drunk in the pictures provide!! I believe the police made an honest mistake and an apology should suffice.

Gerald from Belleville
said

Okay people.

When arrested (as an adult), by law, you have the right to "call counsel without delay", meaning you can call a lawyer. You do NOT have the right to make a phone call to anyone besides a lawyer. This has been established by Charter challenges and case law.

As for the breathalyzer. In Canada, the offense of being intoxicated or impaired does not require a precise Blood Alcohol Content figure. That an officer has reasonable and probable grounds to believe someone is impaired or intoxicated provides sufficient grounds for an arrest. For driving offenses, for example, R vs Stellato sets out that "if the evidence of impairment (behavior, not necessarily Blood Alcohol Content) establishes any degree of impairment (...) the offense is made out". For public intoxication -- section 175(1)(a)(ii) Criminal Code -- proof of impairment, being drunk, can be established solely on behaviors exhibited by the person and there is no legal requirement to ascertain actual Blood Alcohol Content. Which means that police can arrest and detain a person who displays behaviors which suggest impairment without the need to test the BAC. The next day, the person and legal guardian can produce proof that the person has a mental disability and no charges would be laid...but at the moment of the arrest police are justified. They simply do not have the time to administer the breathalyzer to everyone arrested for being drunk.

ninona
said

The police as always quick to judge, especially when teenagers are involved. A full apology should be demanded by the premier of Newfoundland and compensation is a must. Perhaps when it hits their pocket books they will be more accountable for their actions in the future. SHAME ON THE OFFICERS INVOLVED!

earlgirl
said

Just another example of police services on every level in this country over reacting, or should I say "the inmates running the asylum."

Deb in Ontario
said

Every parent of an autistic child is having a nightmare right now. While my son is not able to go out by himself, he does wander and we are always alert. If an officer took him to jail there would be a meltdown of epic proportions and he would probably end up at the hospital. Thank God this turned out okay because many people with autism cannot stand to be touched and would have turned violent. Education is the key here. Know your community, recognize disability, and let the poor kid call his mom if he is verbal enough to do so.

Gerald from Belleville
said

An apology is all that is needed here.

I won't be popular for this, but...

Police ask an adult to step on the sidewalk because he's walking dangerously on the road: it's Thursday night, a lot of people hit the bars, it's past 1AM....see an accident waiting to happen?

Now...how functional is he that police would believe him to be intoxicated when he isn't? Then he doesn't cooperate? Read other reports and he actually resisted physically as well.

If his mental disability creates situations where he is potentially a danger to himself or others, then maybe he shouldn't be going about late in the night by himself. Police aren't psychiatrists nor psychologists. Even if he wasn't intoxicated...they were fully justified putting him in jail if they believed he might be a danger to himself.

As for the phone call...in Canada, if you are an adult, you have the right to call your lawyer or the legal aid lawyer when arrested or when questioned. You don't get a free phone call like you see in the movies. Maybe police should have let him call, but he resisted and the last thing any reasonable person would do is hand over a blunt object to a guy who just resisted.

My humble two cents here...if he's not functional enough to act in a safe manner and comply with reasonable demands, maybe he shouldn't be out at 1:30 AM. As for the police, further training (there are wonderful 2 day courses on recognizing and dealing with autism out there for law enforcement) for the force. But it shouldn't go further than that...no need for compensation or big apologies.

george
said

The use of a breathalyzer is used in confirming intoxication while in use of a motor vehicle. It is ot standard procedure to issue them to pedestrians.

But they definitely dropped the ball in allowing him to make a call.

Sounds like some police officers who had nothing to do and with too much time on their hands.

concerned
said

Glad the kid is alright, and too bad about the mixup with police...I admit to not knowing much about autism, but shouldn`t the mother have been watching him at 12, or does he have a mild case or something, that he can function a little on his own.. SOmeone inform me plz

Dennis in Moncton
said

An apology should be forthcoming, but may take a while since police forces are almost always slow to admit that they messed up.

Tom from Halifaf
said

This lady and her son are more than reasonable. IF this happened to one of my sons it would have been a lot worse. If they said he was drunk and disorder,then why did they not give him the breathalyzer. They should have let him used the phone, come on now he is just a kid and he probably didn't even have a lawyers number.Dane, you have a wonderful and caring mom.The apology should be heard and written down, so he can show his friends. God Bless

beeman
said

This is disturbing and not just because the boy is autistic. Can the police please explain why an 18 year old would be denied permission to call his or her parents? Autistic or not, drunk or sober, an 18 year old is technically an adult but in reality still quite dependent on his or her parents. This is ridiculous.

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