An autistic man who has been held in a federal prison for years should be moved into community housing, according to a New Brunswick mental health review board.
That recent decision in a hearing for 32-year-old Devan Tidd was supported by his psychiatrist at the Shepody Healing Centre, the psychiatric wing of Dorchester Penitentiary.
It comes after CBC News reported Tidd was being housed in prison, even though he hadn’t been found guilty of any crimes.
Tidd, who has autism and several other mental health conditions, had previously been found not criminally responsible for assault and property damage.
Despite the review board order, the province won’t say whether it will provide the funding required to move Tidd into a community setting.
Spokesperson Ariel Mackenzie said the Department of Social Development doesn’t comment on individual cases.
“Social Development remains committed to exploring all viable options for people in care, working closely with partners, including the review board and other government departments, to build comprehensive support plans,” Mackenzie said by email.
“Though resource availability can vary, the Department of Social Development explores every viable option for funding and strives to best meet the needs of each individual, with the ultimate goal of supporting successful transitions to community living wherever possible.”
Mackenzie said funding decisions are made “on a case-by-case basis, guided by the specific needs identified in the planning process.”
Devan Tidd’s father, Darrell Tidd, said Devan is excited about the prospect of being able to live in the community again.
Devan talks about going to Tim Hortons for coffee with a friend, and maybe getting a part-time job one day, Tidd said.
He said he’s “cautiously optimistic” about the decision, but he believes his son never should have been placed at Shepody to begin with.
“I really think we need to do better,” Tidd said. “I’m not just fighting this battle for my son. I’m fighting for all the other ones out there that have no voice.”
Devan Tidd was transferred from the province’s Restigouche Hospital Centre to the Shepody Healing Centre in 2021, after “an outburst where he caused substantial damage” to the psychiatric hospital, the board said.
That was possible because of an agreement between New Brunswick and Ottawa, which costs the province $1.2 million annually and allows the use of up to five beds at a time for people found not criminally responsible.
Psychiatrist Dr. Louis Thériault believes Devan could live in the community with the proper support in place, according to his report to the board.
Thériault has been working with Devan at Shepody and told the review board he has made “substantial progress” in recovery.
Devan has autism, pervasive developmental disorder, and other neuro-cognitive deficits that lead to anger when he is feeling anxious.
This man was never sentenced to federal prison, but that’s where he lives
Thériault said Devan has learned coping mechanisms and is regularly taking his medication — though, he added, it “has been significantly reduced” from what he was prescribed at Restigouche.
“The accused has been doing very well during outings, and he is less anxious and stressed out when outside of Shepody,” the review board decision says.
“Even in an emotional situation like the funeral of a family member, he was able to cope very well with the situation.”
Ultimately, the psychiatrist said, Devan has “reached the maximum improvement that can be attained” at Shepody.
According to Thériault, Devan Tidd’s move into the community must come with support to be successful.
“Mr. Tidd is unable to be autonomous and live alone, he will require a structured environment with support and follow-up care in the community,” Thériault said.
The decision specifies a mental health team must follow Tidd, submit reports to the board regularly, and approve his housing situation, among other conditions.
“We are working with Social Development to help identify a housing unit to accommodate his needs,” Thériault said. “Mr. Tidd is eager to be released but understands that it may take at least several months to find such a place.”
Social Development did not respond to a question about the reason for that delay.
The review board decision identifies a special care home with one-on-one support as a possible option.
New Brunswick Special Care Home Association CEO Jan Seely said she has a lot of empathy for Tidd and his family.
“What they have endured — multiple moves, repeated disruptions, and now placement in a correctional facility — is heartbreaking and unacceptable,” Seely said.
“No individual or family should ever have to navigate such instability, particularly when seeking supportive care in our community care system.”
Social Development is working on “initiatives that better support clients with complex needs,” Mackenzie said in a statement.
“This includes piloting specialized training for care providers, establishing arrangements with the extramural program to visit and support clients in homes, and exploring enhanced models of care to ensure clients can remain in the community wherever possible,” she said.
But Seely said the case shows an urgent need for larger reforms in the long-term care sector.
“Individuals with complex needs are often placed in homes unequipped to support them, leading to repeated evictions, failed placements, and in some cases, incarceration or hospitalization,” she said. “Without reform, the cycle of placement failure continues.”
She says some special care home operators prefer to work with clients with complex needs.
But the current placement system doesn’t allow operators to specify when they have added capacity or special training to take on these residents.
She’s calling for better information sharing between the department and operators, so that residents are better matched to homes.
“The issue with this gentleman is one of hundreds of situations that come up on a weekly basis, where vulnerable people in New Brunswick are not able to access the care and the service that they need when they need it, and then their situation escalates,” Seely said.
“Basically I think our government is kicking it down the road continuously.”
