A Nova Scotia mother is pleading for change in the way her daughter and others with special needs are dealt with in the justice system.
Iris Murphy says her daughter needs to be supported, not criminalized, and that their experience has been a painful one.
“It’s been absolute anguish for us,” says Murphy. “She doesn’t have any idea of the gravity of her situation, none whatsoever.”
Her daughter Amanda is 34. She has an intellectual disability, epilepsy, ADHD and is bipolar.
“She has temper tantrums consistent with that of a small child,” explains Murphy.
Developmentally, Murphy says her daughter is between five and eight years old. In 2001, she was deemed incompetent.
Amanda is accused of striking a staff member at the group home where she lives. She has been charged with assault in connection with the alleged incident.
“We were shocked to find out that police actually did intervene,” says her mother.
Murphy has worked in the area of inclusion for more than 30 years. She and her husband have also been foster parents and have been involved with Special Olympics.
“They’re not able to advocate for themselves. This is our role and responsibility as citizens, and as a government to help them along.”
Murphy says her daughter should always be held accountable for inappropriate behavior, but that the consequences should be consistent with her development age.
She also believes such situations can be managed within the homes in which people with special needs live.
“With proper resources, a lot of support, high-quality training, that they can manage this so that there is never even police intervention, let alone charges that are laid.”
The case echoes that of Nichele Benn, another Nova Scotia woman with special needs who is facing assault charges.
Benn, 26, is also accused of attacking a staff member at the care facility where she lives. Like Murphy, Benn’s mother has been fighting for change in the criminal justice system when it comes to dealing with people with special needs.
The province’s Department of Community Services says it doesn’t have policies that guide or regulate who can call police, or in what situations.
“Caregiving facilities are independent employers and as such develop their own Occupation Health and Safety policies which meet their needs and help ensure the safety and security of the individual exhibiting aggressive behavior, other residents and staff,” said a department spokesperson in an emailed statement.
Murphy says she’s not trying to point fingers or lay blame. She just wants her daughter to receive good care, be supported, and be understood.
Amanda Murphy is due to appear in Antigonish provincial court on Wednesday.
With files from CTV Atlantic's Jacqueline Foster
