Tom Zytaruk photo

Surrey Pretrial inmate claims staff left him handcuffed during epileptic seizure

But his complaint will not proceed because it was filed approximately two weeks too late

A Surrey Pretrial inmate claims corrections staff left him in handcuffs during an epileptic seizure and refused to provide him with his medication.

But his complaint will not proceed because it was filed approximately two weeks too late.

Cole Patterson-Coulter filed the complaint on Sept. 26, 2019 with the British Columbia Human Rights Tribunal alleging “discrimination in services based on physical disability.”

None of Patterson-Coulter’s allegations have been proven at a hearing before the tribunal.

The tribunal heard he had a dislocating shoulder, as a pre-existing condition. Patterson-Coulter also alleged that despite telling corrections staff about this, they used excessive force and dislocated his shoulder at SPSC.

“From the information provided by the SPSC, it appears that Mr. Patterson-Coulter was transferred to hospital following his seizure on September 11, 2018 and returned to the previous correctional facility the next day,” Tribunal member Steven Adamson noted in his March 10 reasons for decision.

READ ALSO: Surrey Pretrial inmate lodges human rights complaint for not being fed kosher food

READ ALSO: Transgender inmate loses court case against Surrey Pretrial

READ ALSO: A look at Surrey Pretrial’s storied history

Section 22 of the Human Rights Code says a complaint must be filed within one year of an alleged contravention. But if a tribunal member or panel determines it’s in the public interest to accept the complaint, it can proceed.

“I am not satisfied this complaint includes a novel issue that should be heard by the Tribunal to advance the purposes of the Code,” Adamson concluded.

“This complaint is a common one involving disability in a prison setting, about which the jurisprudence is fairly settled.

“After considering all the factors related to Mr. Patterson-Coulter’s delay in filing, I am not persuaded it is in the public interest to allow his complaint to proceed.”

Patterson-Coulter attributed the delay in filing, in part, to being incarcerated.

“In particular, he reports being denied access to make calls to get assistance, his inability to access legal documents, long delays in receiving mail and lack of access to a computer to type documents, as all contributing to his delay in filing,” Adamson noted.

Patterson-Coulter also said his physical disabilities impeded his ability to file, as it was painful to write.



tom.zytaruk@surreynowleader.com

Like us on Facebook Follow us on Instagram and follow Tom on Twitter

Surrey

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Jamie Bacon pleads guilty to charge in Surrey Six case

The plea brings an end to a complex legal case that has spanned more than a decade

Surrey student makes hundreds of face masks, donates $2,700 to local hospitals

Tavisha Kochhar, Grade 9 student, started sewing masks two months ago

North Delta yoga studio’s Fridays at the Farm to benefit local animal sanctuary

The outdoor four-class series will benefit Perfect Pastures Animal Sanctuary in Ladner

Surrey officer-impersonation scam continues ‘almost daily’

Police reiterate warning that demands for Bitcoin in exchange for waived charges are fraudulent

South Surrey veteran honoured by South Korea as Ambassador for Peace

Medal presented to Donald McClellan an ‘expression of gratitude’ for service during Korean War

B.C. identifies 20 new COVID-19 cases, travellers specified in count

Pandemic total 3,028 cases, 51 people from outside Canada

Mayors welcome rideshare expansion to eastern Lower Mainland

As of Thursday, Lyft is now offering service throughout Metro Vancouver

Canadian policing organization calls for decriminalization of simple illicit drug possession

Canadian Association of Chiefs of Police want policing focus of opioid crisis to be replaced with a health one

Filing deadline in RCMP sexual-harassment class-action extended due to COVID-19

Plaintiffs now have until January 2021 to submit claims for up to $222,000

Hefty undeclared driver charges piling up, ICBC warns customers

Average extra penalty $2,971 after an at-fault accident

Survey, hotline launched amid probe into racist blood-alcohol guessing game at B.C. hospital

Mary Ellen Turpel-Lafond has been appointed to lead an investigation by Health Minister Adrian Dix

B.C. appeals judge’s decision to leave three clubhouses in Hells Angels hands

The province has filed two notices of appeal related to the B.C. Supreme Court decision

Conservation officers relocate Spirit bear known to roam northwestern B.C.

Bear roamed valley north of Terrace for many years

B.C. premier applauds call to decriminalize drug possession

Police shouldn’t struggle with health issues, Horgan says

Most Read