SASKATOON — Dennis Davies' back is against the wall. He is looking for a lawyer who can help him with his legal issues against the provincial government, which is trying to appoint a new legal guardian for an intellectually challenged man who has been in his care for 19 years.
His case is currently on appeal in Saskatchewan’s Court of Appeal but he has less than a week left to make his next move and he is running out of options.
In an email letter sent to Davies, a Government of Saskatchewan senior crown counsel suggested that if Davies represents himself without legal counsel that he could file a written argument.
“I understand that you have not been able to find a lawyer willing to represent you. Since you are self-represented, you can file a written argument instead of the more formal document known as a factum. You should be aware that you cannot present the Court of Appeal with any new or additional information; you have to base your appeal on the documents that were filed with the Court of Queen’s Bench and before Madam Justice [A.R.] Rothery,” stated the letter.
“As you are aware, the Court of Appeal rules require you to serve and file your written argument by [Feb.] 24. You can email it to me at this email address. If you fail to provide your written argument in a timely manner and it becomes necessary to bring a court application to force you to provide it, we will ask for an award of costs against you.”
Davies said that he's asked a number of lawyers but no one wants to take his case and he could only get free legal advice from several attorneys recommended by some of his friends.
“I had one saying he would represent me for $6,000 but we will lose. For $20,000 they would try really hard but we would still lose. I’ve asked everywhere. I was told at the beginning by a friend that finding a lawyer will be very hard. Most Saskatchewan law firms get a lot of work from the Saskatchewan government. So, they don’t want to rock the boat,” said Davies.
“If I don’t have a lawyer by Feb. 22, then they will just go to the court to expedite the appeal. We’re probably looking at April or May, but it depends on what the court says. I’m going to try and get an extension, but I won’t probably get to.”
Natural surroundings part of program
Davies used to have a private group care home, a facility north of Prince Albert just four miles away from a forest where he could take the men under his care on field trips that helped their mental well-being.
For 15 years, he took in men with special needs, like Jimmy, whose guardianship is now at issue, to help them transition to living independently, being employed and avoiding being taken advantage of.
“We just drive up there where we see animals and just be close to nature. These are men that are higher functioning but are still intellectually challenged. You might think that higher functioning guys because they seem normal, would have it easier, but they don’t. They know what normal is. They want it but they just can’t achieve it easily because they don’t have the cognitive function to be what they want to be,” Davies says.
“They can still work, but some don’t find it satisfying to just work at McDonald’s. They want a big house, a cabin, a car and driver’s license, or everything else. So, what happens is they usually get angry and feel that they don’t fit in. The programs they have for intellectually-challenged in Prince Albert are quite limited. Like you go to a day program and that’s it.”
Not all of those higher-functioning persons do well, with some even ending up on the streets and taken advantage of by others since they receive checks from the government twice a month, says Davies.
“They ended up getting in trouble, like getting into substance abuse. It happens to a lot of people, anybody. But, I had success stories and one is with a guy that’s working full time. He quit drinking, he doesn’t hang out in the streets anymore and he’s got his place. He was married, had a kid but they broke up, he has custody of the child and is the one watching his kid,” said Davies.
However, his group care home has been shut down and his licence revoked due to what Davies says were made-up allegations of abuse and neglect of the men that were under his care. He still has Jimmy under his care but has operated with limited funds and with the help of his family and friends for the last two years.
Davies said he no longer has the letter telling him that they de-certified his group care home but he has filed an access to information request to obtain another copy as well other documentation.
Davies is now trying to let people know of his predicament and vows to continue fighting to keep Jimmy, who he considers a brother after being together for 19 years. He said Jimmy used to be violent towards others, but a routine of going on trips to the lake and forest has helped him calm down and control his emotions
Davies says he thinks the problem that led to the shutdown began when one of the men in his group care home, who was also then attending a day program, was found to have rashes around his groin. He had the individual checked with a physician and said the doctor told him that it was not a cause of alarm, that the rash was caused by the diapers worn and not a result of abuse.
“They never found anything to charge me with an offence. Something is usually required to remove someone’s licence. But one day, I got called in and they told me they have taken the two men from their day program against their freedom to choose and cancelled my licence, stating that my home didn't meet industry standards. My group care home is in acreage and I asked them if they can give me the definition of industry standards. The answer I got is, ‘it’s different for everyone.’”
He appealed the accusation of neglect and the decision was overturned according to a letter sent to him on Dec. 8, 2017, by the Ministry of Social Services, which read: “This letter is to inform you that your appeal to the Oct. 4, 2017 allegation of neglect for [name removed] and [name removed] has been allowed. The initial decision of founded neglect has been overturned.”
He was then left with two men, Jimmy and another man, without any proper funding. The other man's family chose to move him out of his group care home, leaving him with Jimmy. Davies has used up all his savings and had to sell some of his properties to keep taking care of Jimmy, to the point that they had to move to his parent’s basement suite.
Davies said that he managed to get some funds through the self-directed funding model of 30 hours a week but the program will end on March 31.
Diminishing hope
Frustrated and sick of all the bureaucracy and red tape, Davies said that his time is running out and he’s running out of options of what to do and where else to go. His friends have also launched a "Jimmy's Choice" campaign on social media to let the public know what they are going through.
He said that he is trying to keep Jimmy living under his care after the Public Guardian and Trustee — in a letter dated Nov. 19, 2021, at the request of the Ministry of Social Services — applied to the Court of Queen’s Bench “to become the temporary personal guardian of [Jimmy]. Although this type of application does not require us to notify or serve you, we are doing so as a courtesy to you as [Jimmy's] caregiver.”
He filed an appeal on Dec. 21, 2021, citing that Jimmy is better being under his care and guardianship.
“Jimmy was in over 70 homes in 30 years before he moved in with me. Being transitioned again is his biggest fear and he’s had nightmares about it for the 19 years we have been together.”
He added the way he provides care is not traditional and he believes that the men that have been under his care, like Jimmy, should have had the right to choose.
“We are constantly on the road camping and going on adventures. I am a single man and have only ever had men under my care. I believe they should have what they are entitled to, the legal right to choose how they live and to be able to make their own decisions. This has always frustrated some of the institutions,” said Davies.
Found his calling
More than 20 years ago, Davies had no idea of how his life would turn out, but taking care of his disabled niece gave him a sense of direction and perspective. During that time, his sister needed help taking care of her daughter after the full-time caregiver attending to his niece took maternity leave.
“My niece was severely brain-injured at birth. She was a quadriplegic and had seizures, sometimes 100 times a day. My sister had somebody working with them to help out. They did therapy and even went to Philadelphia that tried to remap her brain. They were doing these different therapies for my niece and it was a full-time job,” said Davies.
“I wasn’t doing anything so I filled in. Working in those two weeks I knew that this is what I’m meant to be doing. When the journey ended, I applied with the Saskatchewan Alternative Initiative. It’s a program in Saskatoon and it works with individuals with high needs to behavioural problems. You get that for a year and a half, then I started my own.”
Originally, he planned to open a facility in Saskatoon but chose to go back to his hometown to set up his shop there, closer to nature — near the lakes and animals that wander in the forest.
