Chambers v. British Columbia (Attorney General) et al., (1997) 94 B.C.A.C. 28 (CA)

• Jurisdiction: British Columbia
• Judge: Southin, Ryan and Proudfoot, JJ.A.
• Citation: (1997), 94 B.C.A.C. 28 (CA),1997 CanLII 2978 (BC CA),116 CCC (3d) 406,94 BCAC 28
• Court: Court of Appeal (British Columbia)
• Date: 25 June 1997

Chambers v. B.C. (A.G.) (1997), 94 B.C.A.C. 28 (CA);

    152 W.A.C. 28

MLB headnote and full text

Temp. Cite: [1997] B.C.A.C. TBEd. JL.023

Lisa Marie Chambers (appellant) v. Attorney General of British Columbia and The Director, Forensic Psychiatric Institute (respondents)

(CA022614)

Indexed As: Chambers v. British Columbia (Attorney General) et al.

British Columbia Court of Appeal

Southin, Ryan and Proudfoot, JJ.A.

June 25, 1997.

Summary:

An HIV positive prostitute was charged with assault and two counts of fraudulently obtaining food. She was found not criminally responsible by reason of a mental disorder and hospitalized. After a year, a fourth hearing was held by the Review Board, which coincided with the annual review date. The Board refused the woman's request for a discharge and ordered that she continue to be detained. The woman appealed under s. 672.54 of the Criminal Code.

The British Columbia Court of Appeal allowed the appeal and ordered that the woman was entitled to a discharge.

Criminal Law - Topic 93.90

General principles - Mental disorder - Dispositions by court or review board - Detention - An HIV positive prostitute, both an alcohol and drug user, was found not criminally responsible of two offences by reason of mental disorder (schizo­phrenia) - She was hospitalized and dis­charged twice but returned for breach of conditions - A fourth hearing of the Review Board ordered that she continue to be detained - The British Columbia Court of Appeal held that the woman's health and lifestyle did not constitute evidence that she was a "significant threat" within the meaning of s. 672.54 of the Criminal Code - The court ruled her continued detention was unreasonable.

Words and Phrases

Significant threat - The British Columbia Court of Appeal discussed the meaning of the words "significant threat" as found in s. 672.54 of the Criminal Code, R.S.C. 1985, c. C-46 - See paragraphs 22 to 30.

Cases Noticed:

Orlowski v. British Columbia (Attorney General) (1992), 16 B.C.A.C. 204; 28 W.A.C. 204; 75 C.C.C.(3d) 138 (C.A.), refd to. [para. 21].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 672.54 [para. 20].

Counsel:

Diane J. Nielsen and Jim Pozer, for the appellant;

Lyle D. Hillaby, for the respondent, Attorney General of British Columbia;

Mary P. Acheson, for the respondent, the Director, Adult Forensic Psychiatric Services.

This appeal was heard at Vancouver, British Columbia, on May 20, 1997, before Southin, Ryan and Proudfoot, JJ.A., of the British Columbia Court of Appeal.

Proudfoot, J.A., delivered the following judgment for the Court of Appeal on June 25, 1997.