The courts have decided not to proceed with the case against Michael Bryant, Ontario’s former attorney general, who had been charged in the August 2009 death of bicycle courier Darcy Allan Sheppard.
In essence, the courts determined there was no reasonable expectation of finding Bryant guilty – all the evidence pointed to him being the victim of an assault by a troubled man who had a history of similar attacks on car drivers. That man unfortunately died, but not as a result of any criminal action on the part of Bryant.
Bicycle activists in Toronto are in shock at what they perceive as an injustice against one of their own. And perhaps it is, although not in the way they are viewing it. This is about more than cars versus bicycles (and heaven help the pedestrians) on Toronto streets. It is about mental health.
Mental illness and substance abuse are not handled well in this province. Too many people suffering from a mental illness – and evidence indicates Sheppard was one of them – cruise around the edges of society, coping as best they can. Sometimes they end up in jail or living on the streets. Sadly, sometimes they end up dead. The resources devoted to mental illness and substance abuse.
If anything, the situation is worse in rural Ontario. Psychiatrists, as with most medical specialists, gravitate to urban centres where there are large teaching hospitals. In areas like this, the doctor on call in the emergency department – a general practitioner - handles whatever comes in the door, from the guy who mangled his foot in a farming accident, to the small child with an ear infection. It also includes the person found on the main street of town, screaming and throwing debris at cars, brought in by a police cruiser instead of an ambulance.
He might be high on something, or he might have forgotten to take his anti-psychotic medication – or both. He belongs in a treatment facility geared to his specific needs, especially if he has both mental illness and substance abuse problems.
The province took a step in the right direction a number of years ago when the decision was made to close mental hospitals. The theory was that instead of warehousing patients away from their families and friends, the health-care system should provide the supports necessary for them in their own communities – specialized housing; social workers, nurses and other professionals; and when necessary, beds at the local hospital.
This is where the province dropped the ball. The whole concept depended on the presence of  community services that were simply not there, and to a great extent, are still not there. As long as hospitals are closing beds and services to balance their budgets, and as long as there is a desperate shortage of nurses and other health care professionals both in hospitals and home care, the situation will continue.
Unfortunately, people who suffer from mental illness and substance abuse problems make awkward poster children when it comes to lobbying for changes to our health-care and social services systems. Political candidates in search of photo ops do not seek out a wild-eyed individual who sometimes behaves strangely and smells even stranger. They, like most of us, prefer to avoid people with these sorts of problems. They, like most of us, walk on the other side of the road and try not to make eye contact. If we fail to see them, we can pretend they do not exist. But they do.
It is easy to play “what if” in the wake of a tragedy. If only there had been bicycle lanes... this tragedy would probably still have occurred. However, if decent mental health services and substance abuse treatment had been readily available, and if there were no stigma attached to either, it might not have happened.
The only good part to this story so far is that an innocent man is not being forced to defend himself in a court of law. But the story is not over. For all the other Darcy Sheppards out there, we need to advocate for change to our health-care and social services systems. There truly was an injustice.