Service dog evicted by Manoir St Pierre

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This article was published 03/04/2023 (772 days ago), so information in it may no longer be current.

“I didn’t want all this division and problems,” Susan Stanley said as she met with a Carillon reporter only hours after her service dog’s eviction was final.

The soft-spoken resident of Manoir St Pierre sat on the couch, still featuring signs of Marcus, her service-dog’s presence in the form of hair on the upholstery. “I should have told you not to wear black pants,” she added.

Her calm demeanor was at odds with a week that saw her lose the right to keep her service dog, a residents’ petition opposing both her and the administrator who advocated for her, and the subsequent giving of notice by the administrator.

But overshadowing it all was the fact that for the first time since she’s had Marcus, she would have to face the symptoms of Post Traumatic Stress Disorder such as flashbacks, night terrors, and disassociation alone.

Stanley didn’t want to publicly share the story of where her PTSD originated but explained there were times in her life, she nearly died due to trauma.

Health Canada defines PTSD as “a mental disorder that may occur after a person experiences or witnesses a traumatic event”.

For Stanley, the diagnosis was made in 2016.

Part of the treatment was for her to obtain a service dog, something she did about 4.5 years ago when she met Marcus.

And the benefits were almost immediate.

“When he’s sitting here calm, I can be calm,” she said. “I don’t have to be in a hyper vigilance mode all the time.”

Marcus will wake her when she has nightmares or night terrors and will tackle panic attacks by demanding her attention.

“He won’t let me go,” she said of his attention during a panic attack. “I’ve had my heart rate as high as 135 and he’s brought it down to 65 just by being there and rubbing against me.”

But Marcus isn’t a popular addition to the seniors living facility, and Stanley said much of that is due to people not understanding his purpose.

“They think I’m being dishonest, disobedient and disrespectful,” she said.

That’s because Manoir St Pierre has a firm “no pets” policy.

Stanley speculates many people assume Marcus is no more than a pet.

But she also objects to the notion that she did not follow protocol when moving him in.

She met with the board on two occasions to request permission, explaining to them the facts under the Human Rights Code.

Under the Code service animals do not require formal training, and there is no standard identification or certification of service animals in Manitoba. Landlords and other service providers are allowed to ask how the dog assists the person with a disability and what they are trained to do. They are not entitled to ask for a demonstration.

The Human Rights Code also has special status over all other laws in Manitoba.

Those facts were presented to the board at two meetings, but Marcus didn’t move in until Stanley received permission from the Manoir St Pierre administrator Katherine Burelle.

The board subsequently denied that Burelle had the authority to make the approval, and issued an eviction letter for Marcus on March 21, given Stanley until noon on March 24 to remove him.

Two reasons were given for the removal.

“Please be advised that it is our understanding that this animal has not been specifically trained to provide assistance to a person with a disability,” the letter stated.

It also went on to allege that Marcus “is barking both during the day and the night which is disturbing the other tenants”.

But Stanley said she addressed all their questions at her last presentation, sharing communication she had with the Manitoba Human Rights Commission, sharing details of her trauma, and sharing an endorsement of her diagnosis and the fact a service dog would help her deal with anxiety symptoms, flashbacks, nightmares and reducing dissociative symptoms.

She also said barking is not an issue, as he only offers “a couple woofs” if someone knocks on the door.

“I don’t know how I could have educated them anymore,” she said. “It’s pretty black and white.”

That didn’t stop the board from refusing. In the eviction letter they threatened that if Stanley didn’t get rid of Marcus, she would be next.

“Please understand that failure to remove the unauthorized animal by 12:00 p.m., Friday, March 24, 2023, will result in our having to take action to have you evicted from this suite,” the letter stated.

Marcus is staying at a friend’s house as a result.

A petition allegedly signed by 58 of 86 tenants was also sent to the board. However, Stanley hasn’t actually seen it and said not one resident approached her with concerns. It’s that lack of communication that makes the situation more confusing.

“You’re not believed again which is a victim’s worst nightmare and you have to worry about losing an animal who’s your main source of safety,” she said. “It’s very upsetting.”

While for now Marcus is gone and the board decision appears final, Stanley said she has heard recent feedback from the board that they are now trying to contact the Manitoba Human Rights Commission to look into it further. She too has begun the process of filing a complaint.

“I’d like to be able to stay and I’d like to see that all 58 people plus a whole lot more out there are educated about PTSD and mental health and needs for someone like me to able to have service animal,” she said.

But in the same breath she wonders if staying will be a long-term option.

Stanley said she takes the fastest way out of the facility, ensuring her ride is waiting before she leaves. She also makes sure the hallways are clear before leaving so she doesn’t need to interact with neighbours.

“I don’t know if I can go on living here with that kind of judgement,” she said.

Administrator quits over issue

For Manoir St Pierre administrator Katherine Burelle, the issue seemed simple. After advocating in favour of allowing the service dog, she gave permission to Stanley to bring Marcus in.

“I kind of unfortunately gave her the false hope that they would be on the same page as I was,” she said. “I tried best to explain (to the board) that’s going to look really bad if this goes to court.”

“If this goes to court, we will lose and I refuse to be the face of that,” she said.

When the final denial came from the board, Burelle refused to sign the letter and handed in her resignation.

“I just don’t feel aligned with this work anymore,” she said from her office as she awaited her final day scheduled for April 4. “If I can’t give 100 percent it’s not fair to the people here, it’s not fair to my employer and it’s not fair to me either.”

Burelle said she’s proud of Stanley for her work in advocating for Marcus and said she had no complaints about the service dog other than a single text complaint sent to her from a child of a tenant who had complained directly to the board.

She too is unaware of the language used in the petition, speculating that it was also written against her for her handling of the situation.

Burelle said she was put in a tough situation.

“I don’t have the right to refuse this animal but according to my board I also didn’t have the right to authorize it,” she said.

After three years of managing staff, suites, renovations and landlord responsibilities, after attending to residents’ needs during COVID including helping them with COVID tests and running for groceries on her own time, Burelle said she’ll miss parts of the job.

“The people here are like my family,” she said.

She also worries about the centre itself and the board who she said won’t look good as this issue is made public.

“I pleaded with them,” she said.

Complaint filed

A complaint has been filed with the Manitoba Human Rights Commission and while Delaney Coelho, director of intake and mediation couldn’t comment on this specific case as all complaints are initially confidential, she said the process can include different approaches.

That includes the offer of mediation at the pre-complaint stage, mediation after the respondent has been served, or a hearing in front of an adjudicator.

The adjudicator can also enforce compensation for damages, suggest policy changes and training.

“Some complainants and respondents are amenable to attempting to resolve it through mediation and it can be a preferred option for a lot of individuals,” she said.

The case will become public when it gets to an adjudicator.

Anecdotally Coelho said questions regarding service animals are quite frequent in part because Manitoba doesn’t have a process to register service animals.

Meanwhile the board is keeping their cards close to their chest.

Repeated calls and messages left with board president Pierre Gagne and director Anita Gagne went unanswered and unreturned.

Susan Stanley is still hopeful resolution can be realized, but she admits she feels hurt by the lack of communication from other tenants who signed the petition.

“Not one person came to me besides the manager,” she said.