Man cleared of criminal wrongdoing for behaviour during epileptic seizure
Marion Warnica | CBC News | Posted: October 3, 2016 7:01 PM | Last Updated: October 3, 2016
Case was held over in court four times in three months
The justice system has now cleared the name of a man who was charged for something he did during a medical episode.
The man, who prefers not to be identified in the media, has epilepsy. His condition leads to seizures where he appears to be awake but is not actually conscious.
In late June, he showed epileptic symptoms while running outside and taking off his clothing. Police Tasered him twice, then charged him with assault a police officer.
It's the right thing to do, to be honest. - Lisa Silver, University of Calgary law professor
Monday morning, all charges against him were dropped.
"It's the right thing to do, to be honest," said Lisa Silver, a law professor at the University of Calgary.
Silver raised questions earlier about the Edmonton Police Service's decision to continue to press charges and try to take him to court, even after it was confirmed he had epilepsy.
Speaking with CBC afterward, the man who was cleared had tears in his eyes.
'It's about time'
A church-going, hard-working volunteer who can no longer work or drive because of his medical condition, he said he is now considering moving out of his neighbourhood because of the way people stare at him after his seizure and public run-in with police.
Gary Sampley, executive director of the Edmonton Epilepsy Association, said he is frustrated with the way the case was handled.
"It's about time [the charges were dropped]," Sampley said.
"There is so much precedent about people being found not guilty or charges being withdrawn because it was proven they had epilepsy. It took three months of this man's life being turned upside down to finally get to that point in Edmonton."
Neil Ryley, another Edmonton man with epilepsy, was also arrested after he had a seizure within a week of the other man. Ryley still faces similar assault police officer charges from that separate incident.
After CBC broke the news of these arrests this summer, lawyers, national advocates and law professors came forward to say the charges should be dropped.
Police chief Rod Knecht also promised an internal investigation into both cases.
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