Danyluck v. Adult Forensic Psychiatric Services (B.C.), (2016) 386 B.C.A.C. 68 (CA)

• Judge: Donald, Saunders and Goepel, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: March 18, 2016
• Jurisdiction: British Columbia
• Citations: (2016), 386 B.C.A.C. 68 (CA);2016 BCCA 168

Danyluck v. Forensic Psychiatric Services (2016), 386 B.C.A.C. 68 (CA);

    667 W.A.C. 68

MLB headnote and full text

Temp. Cite: [2016] B.C.A.C. TBEd. AP.046

Kenneth Leslie Danyluck (appellant) v. The Director of Forensic Psychiatric Services (respondent) and The Attorney General of British Columbia (respondent)

(CA43204; 2016 BCCA 168)

Indexed As: Danyluck v. Adult Forensic Psychiatric Services (B.C.)

British Columbia Court of Appeal

Donald, Saunders and Goepel, JJ.A.

April 20, 2016.

Summary:

The appellant appealed from the disposition of the British Columbia Review Board directing his ongoing detention at the Forensic Psychiatric Hospital.

The British Columbia Court of Appeal dismissed the appeal. The Board's decision was neither unreasonable nor unsupported by the evidence.

Criminal Law - Topic 93.90

General principles - Mental disorder - Dispositions by court or review board - Detention - See paragraphs 11 to 17.

Criminal Law - Topic 93.95

General principles - Mental disorder - Dispositions by court or review board - Appeals or judicial review - See paragraphs 11 to 17.

Cases Noticed:

R. v. Owen (T.) (2003), 304 N.R. 254; 173 O.A.C. 285; 2003 SCC 33, refd to. [para. 14].

Staetter v. Adult Forensic Psychiatric Services (B.C.) et al. (2015), 367 B.C.A.C. 226; 631 W.A.C. 226; 2015 BCCA 63, refd to. [para. 14].

Counsel:

K.L. Danyluck, appellant, appearing in person;

D.K. Lovett Q.C., for the respondent, The Director of Adult Forensic Psychiatric Services;

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

This appeal was heard on March 18, 2016, in Vancouver, B.C., before Donald, Saunders and Goepel, JJ.A., of the British Columbia Court of Appeal. The following decision was delivered for the court by Goepel, J.A., on April 20, 2016.