Can't trust police yet, arrested autistic man says

The autistic teenager who spent a night at the St. John's lockup last weekend because police officers assumed he was drunk says he's not ready yet to accept their apology.

"I still don't trust them," said Dane Spurrell, 18, who was arrested Saturday night when a Royal Newfoundland Constabulary officer saw him walking on Topsail Road. After a second officer arrived on the scene, Spurrell resisted arrest and wound up in the lockup in the basement of the Newfoundland Supreme Court building.

On Thursday, RNC Chief Joe Browne apologized to Spurrell and his mother, Diane Spurrell, who brought the issue to CBC News earlier this week. She had spent hours looking for her son around their Mount Pearl home, only to find that he had been in a cell for hours — and had been repeatedly asking to speak with her.

The RNC has opened both an internal investigation and a criminal investigation into the case, and Justice Minister Tom Marshall has asked for a review of how guards at the lockup handled the case.

On Friday, the force said that two witnesses to the event have come forward, after hearing that police were interested in speaking with them about what they may have observed.

Coincidentally, the RNC had already been proceeding with training on how to recognize and work with people with autism. Spurrell, meanwhile, said he did not inform the officers on Saturday night of his condition, "because I personally don't believe I am." Instead, he told the RNC repeatedly to call his mother.

Diane Spurrell said she welcomes the RNC's comments, and efforts to train its offers. She acknowledged that her son is not so forgiving.

"Dane has a more wait and see attitude than I do," she said. "He still doesn't trust. I don't think anybody could expect him to regain trust that easily or that soon."

Diane Spurrell said that she is more upset with lockup staff who refused to let her son call her, and instead told him that he was entitled only to contact a lawyer.

But two well-known defence lawyers in St. John's said the Spurrell case highlights key facts about how the criminal justice system works, as well as indicate how staff working in it should be more flexible.

Bob Simmonds, who has handled dozens of criminal cases, said anyone arrested in Canada has no legal right to call anyone except their lawyer.

Still, Simmonds said police need to exercise better judgment.

"You got an 18-year-old who appears to be under some disability, who has a cellphone, who repeatedly says, 'Can I call my mother, can I call my mom?' I mean, that cries out for a little common sense," Simmonds said.

When arresting someone, police are required to inform them of their rights and the grounds of the arrest. The police, though, must also ensure that the arrested person understands exactly what that means.

In some circumstances, that means taking extra steps, such as when a person is deaf or does not speak English.

Spurrell's autism would likely mean he didn't understand what was happening to him. Lawyer Bob Buckingham says the cops should have arranged help.

"In those circumstances, there is a very positive obligation on the police officers. The Supreme Court of Canada said they must take the extra step to ensure the individual understands his or her right," Buckingham said.

Meanwhile, the RNC said it is arranging for the two RNC officers involved in the arrest to meet with Dane and Diane Spurrell directly.