Mental Health & High Rise Living

The Cost of Doing Nothing or Doing Far Too Much

By Quintin Johnstone, Founder & CEO of Samsonshield Inc. / Riskboss Inc.

As described by Wikipedia, “Elephant in the Room” is an American English metaphorical idiom for an obvious problem or risk that no one wants to discuss.” Controversial yes; however, very necessary conversation(s) here at Riskboss Magazine. In every publication, Riskboss Magazine will address the latest Elephant in the Room to clearly answer hard asked questions.

The incident on December 18, 2022, at the Bellaria Residences Condominium in Vaughan, changed the public psyche in Ontario forever. What is commonplace in many places around the world has landed in our communities with a hard thump. Yes, there have been shootings in condominiums like the many at Airbnb downtown Toronto sites, but never the scale of this mass execution-style murder of Board members.

As a former police officer working in many divisions around Toronto, I had an up close and personal ringside seat of what happens when things go from normal to dangerous in a split second. I have also witnessed the aftermath and the armchair critics who point fingers at what should and should not have happened. Having represented Toronto Police on five Coroner’s Jury Inquests and the Canadian Mental Health Association Policy Advisory Committee, I had the opportunity to see first-hand how policy is made and how the system functions and changes occur.

ACMO, CCI and CAI are working to put together committees regarding condominium safety and security. There is a lot of work to do to reform condominium high rise living to ensure safety. This is an excellent first step. The Ontario government will rely heavily on the expertise of committee members. Thank you to the committee members for your service.

Mental Health Issues in Highrise Living Communities

The Centre for Addiction and Mental Health (CAMH) in Ontario reports that one in five Canadians will have a mental illness or an addiction problem at some point in their lives. There is a strong likelihood that property managers and on-site staff will have to deal with people with such issues.

To be clear, the Ontario Human Rights Code legally obligates condominium corporations to make reasonable accommodations for those experiencing mental health issues. This obligation supersedes all other governance, even if condominium rules are breached in some instances. Such accommodations cannot cause undue hardship to others, however.

Having witnessed and been involved on the front lines of mental health advancements over the past four decades, I can safely state that we are in much better condition related to awareness and support services than ever before. But are we there yet? No.

There is a multitude of government services not only for those experiencing mental health issues but also, and equally important, for those who are trying to help those in need. More help is needed.

There is much less of a tendency to institutionalize people experiencing mental health issues now than ever before. There was a time not so long ago when people called the police for those who were in distress. This often led to criminal charges and custodial sentences. This revictimized the person experiencing mental stress. So, when you call the police now with minor social disorder incidents, don’t be surprised that they may attend but advise that there is nothing they can do but refer you to community outreach and social service resources. This is the new norm.

Signs and Symptoms

More often than not, people who experience mental health challenges, social disorders, and emotional struggles attempt to mask their issues, trying to cope and fit in with social norms, often with success. Other times they present themselves as minor incidents in nature but can escalate over time to become more serious with dramatic consequences. Most experiencing mental health challenges are fully aware of it, but conversely, many are completely unaware.

Some of the more obvious symptoms that someone is in distress are alcoholism, drug use, and excessive aggression and hostility. What is not so obvious are the more subtle changes in behaviour, for example, someone who is usually outgoing but now retreats and is antisocial.

Primary Rules – Priority Number One

The primary rule in dealing with mental health in any setting is never to judge or try and diagnose under any circumstances. Even medical experts require a great deal of time to accurately diagnose people experiencing mental health issues. Keep an open mind.

There are always three sides to every story. Rushing to judgment, opinion, or conclusions can have negative implications for board members and property managers. Even if things are obvious to you, things may not be as they appear. If you collect facts and get expert assistance, the facts will be revealed naturally and without bias.

Those experiencing mental health issues are entitled to privacy; therefore, confidentiality must be assured in all cases without exception.

Getting Help to Help Others

Unless you have specific training, accreditation, and experience, you should never involve yourself in planning or executing a plan to intervene with someone with obvious mental health concerns.

Board members and property managers are generally neither qualified nor capable of dealing with such issues. Stepping outside of your role can have very serious consequences for you and the person you are trying to help. Make the call and get assistance.

Getting / Giving Bad advice

On a weekly basis, I get calls from property managers asking for advice on police, risk, and security-related issues. Even though I am experienced in some areas, I never provide advice outside my role but refer property managers to people who really know what they are doing.

Recently I got a call from a very experienced property manager in a midtown Toronto high-end condominium, very frustrated because of getting bad advice. A resident had obvious mental health challenges presenting very unusual, not dangerous but highly unusual behaviour. I provided some time-tested resources. The feedback was very fulfilling as this advice helped the resident.

The lesson here is to learn the best referral resources, never give advice outside your role and don’t take advice from those who are not qualified. Even lawyers, after all, seek out expert advice outside of their roles. In law, there is something known as Vicarious Liability that is important to know for Board members and property managers. Stepping outside of your role by providing bad advice to another person can lead to serious consequences. Call a professional to reduce your risk and that of the corporation.

Board Members & Property Managers

Board members and property managers are perceived by some people in high rise communities as having a position of power and control. For those people, this perception is their reality. It is critical for board members and property managers to remain within their respective roles. Never extend beyond what is expected and required by law that you may become the subject of unwanted attention and possible harm.

In dealing with people with mental health issues that are exhibiting behaviour that affects others or where there may be a cause for concern, your role is limited to being fact collectors and not investigators, diagnosing incidents, or rushing to judgment. Use resources like corporate lawyers to help guide you. You will be better served and protected against unwanted negative attention.

Before, During & After

My long-time friend and colleague Dr. Sam Klarreich and I recently did a seminar for a large condominium property management firm on mental health in condominiums. While Sam talked about the psychological impact of mental health challenges and how to deal with people experiencing them, I focused on the operational aspects and role-based responsibilities required by board members and property managers. I am happy to share these ideas with you.

Before Incidents Occur

Before anything happens, preparation is a key element to your success. It often starts with a comprehensive site risk assessment completed by an accredited and insured professional.

Process, governance, and training should be resilient against all mental health challenges that your community may face. It can be anything from disorderly behaviour to hoarding. Active aggressor, shelter in place, and designated site command centre location(s) protocols for emergency responders should be part of your site toolbox. Don’t rely solely on the Fire Safety Plan.

Riskboss recommends getting your processes in order first through a risk assessment, then getting an accredited source to write governance. Lastly, have a certified professional train all site staff in that order. Property managers should never plan, write, or train on emergency procedures.

Sites should be properly prepared for major incident emergencies. CCTV camera optimization should be a high priority as a first step to mitigating such risks. There should always be CCTV visual and audio at the security desk and property management office. Business telephones should be recorded. Property management parking spots should have CCTV live feed camera surveillance.

Social media very often leads to negative commentary that sparks incorrect and inflammatory communication that can end up with unintended consequences. In short, Riskboss highly recommends that board members and property managers never engage and stay away from online forums. All resident concerns must go through property management in writing without exception.

Municipalities have brochures and online information that can assist. “Getting Highrise Ready” is an excellent example of such information in Toronto and can be sent to all residents regularly via the City website. Riskboss always recommends the Ontario IMS100 provincial course. It is an online free three-hour course that we highly recommend for all site personnel.

Train, train and then train again. Training on emergency procedures should occur regularly to ensure that the brain muscle memory keeps people fresh and sharp. Keeping records of site emergency training ensures that in the case of an actual occurrence, it can be referred to later if necessary. Remember, if it is not in writing, for the purposes of inquests, trials and quasi-judicial proceedings, it never occurred.

It is important to note here that relying on emergency services as the first line of defence is not a generally accepted standard of preparedness. Emergency services may take some time to react to your site emergency. Sites should be prepared to react quickly and effectively to all emergencies prior to emergency services arriving.

While Incidents Are Occurring

The time to look up procedures and processes is not when an emergency is taking place. It means that training on resilient professional processes and governance must be a key element in your success strategy.

Centralized command and control should be adhered to. Board members are policymakers and, while not in an actual meeting, are residents. Property managers should be the central clearing house for all communication and direction without exception. Front-line workers take direction from property management and provide feedback. Even though this sounds reasonable, it is shocking how many sites Riskboss has found to have dysfunctional command and control that leads to negative outcomes and miscommunication.

When incidents of all shapes and sizes occur, follow the governance and processes already established. The more training you do, the better prepared you will be. Document absolutely everything. Lawyers often send themselves emails called “Memo to File” that accurately records incidents and timestamps the email record contemporaneously. Riskboss recommends the use of this as a business standard each and every day.

After Incidents Occur

After incidents occur, there is always a multitude of things that are required, but as a priority, property managers should secure all CCTV and audio evidence, reports, statements, etc. Do it immediately because, over time, evidence has a tendency to diminish, get lost, and often becomes unrecoverable.

Having been through this process countless times, I can tell you that such incidents will be dissected thoroughly. Lawyers will always ask the following questions that you should be aware of:

What did you know?
When did you know about it?
Who did you tell?
What did you do?
What documentation did you submit as proof?

General Questions

The following are some questions that were raised by property managers at our recent seminar. I think that repeating these questions and answers here may be helpful.

Do all threats levied by a resident warrant a call to the police? Are there degrees of threat, or is any threat of violence enough to call the police?

Criminal threats are categorized in criminal law in Canada as being related to bodily harm, death, and property damage. If the incident involves any of these, it definitely warrants a 911 call to the police. It is better not to guess. Make the call to a regional manager if the incident is not an obvious emergency. Threats can be direct or indirect; for example, a resident overhears someone saying, “I’m going to kill my neighbour.” Threats can also be stale dated.

What’s the difference between a “threat” and a “statement”?

Threats are related to a criminal act. Statements like, “I will sue you,” are not a threat. When someone says, “I will get you,” definitely make the 911 call. It doesn’t matter what the reason(s) for the threat is. Make the call to 911.

When reporting a serious threat to the police are there any buzzwords that will help get a response from the police?

Police dispatchers are highly trained and know how to triage information to categorize the severity of incidents. Do not wait to get more information in emergencies. If it is a threat, call 911 immediately. Once a threat is made, make the call right away. Do not exaggerate to get the police to non-emergency calls early. It may get you in trouble.

What are the keys to a productive working relationship with the police? Would it ever make sense for a manager with problem residents to go to the local police division and meet the captain (or others) to alert them to the problem and seek their insights?

Here are some ideas that may assist:

Have someone from the Board join the local police Community Police Liaison Committee (CPLC).
Crime Prevention Officers (CPOs) can come to your site and do a townhall meeting on community safety.
Local politicians love attending town hall meetings.

Engage politicians regularly and invite them to community events to build close relationships.

Some neighbourhoods have designated community officers. Call the local police station and find out who your community officers are.

In Conclusion

This may seem very complicated and overwhelming. Where will you find the time to do this, along with everything else you’re required to do? In actuality, it is relatively simple.

Board members are required by the Condominium Act to take the advice of experts and use professionals prior to determining next steps. Riskboss recommends seeking out expert advisors. Don’t go it alone.

Riskboss always recommends having resilient emergency processes created by experts, that these written procedures are updated regularly, and training is completed and ongoing. No one should ever work at a site without first being trained on site-specific emergency procedures.

As property managers are persons in control of operations, they need assistance from experts and professionals to get the community to where it needs to be. Never overextend or do it yourself as you are not recognized by the courts as being accredited to conduct such work.

Prior to incidents occurring, get expert advice.
When incidents occur, make the call.
After incidents occur, collect and maintain evidence.

At Riskboss, we are always here to assist property managers. We can even come to your site for a free, no-obligation 30-minute tour to provide some guidance on risk identification and mitigation.

To learn more about what Samsonshield and/or Riskboss, go to: www.samsonshield.com/ca and www.riskboss.com/ca