Danyluck v. Adult Forensic Psychiatric Services (B.C.), (2015) 381 B.C.A.C. 162 (CA)

• Judge: Harris, J.A.
• Court: Court of Appeal (British Columbia)
• Case Date: December 17, 2015
• Jurisdiction: British Columbia
• Citations: (2015), 381 B.C.A.C. 162 (CA);2015 BCCA 525

Danyluck v. Forensic Psychiatric Services (2015), 381 B.C.A.C. 162 (CA);

    659 W.A.C. 162

MLB headnote and full text

Temp. Cite: [2016] B.C.A.C. TBEd. JA.023

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

(CA43204; 2015 BCCA 525)

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

British Columbia Court of Appeal

Harris, J.A.

December 22, 2015.

Summary:

The applicant applied to have counsel appointed under s. 684(1) of the Criminal Code for an appeal respecting a custodial disposition order of the British Columbia Review Board.

The British Columbia Court of Appeal, per Harris, J.A., assuming without deciding whether the court had jurisdiction to make such an order, dismissed the application because the appeal had no merit.

Courts - Topic 563

Judges - Powers - To appoint counsel - See paragraphs 6 to 13.

Criminal Law - Topic 93.95

General principles - Mental disorder - Dispositions by court or review board - Appeals or judicial review - Power of court to appoint counsel - See paragraphs 6 to 13.

Criminal Law - Topic 4974

Appeals - Indictable offences - Powers of Court of Appeal - Power to appoint counsel for accused - See paragraphs 6 to 13.

Cases Noticed:

R. v. Hoskins (D.J.) (2012), 315 B.C.A.C. 283; 535 W.A.C. 283; 2012 BCCA 51, refd to. [para. 10].

Lin v. Adult Forensic Psychiatric Services (B.C.), 2008 BCCA 518, refd to. [para. 11].

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. 11].

Counsel:

The appellant appeared in person;

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

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

This application was heard in Vancouver, B.C., in chambers, on December 17, 2015, before Harris, J.A., of the British Columbia Court of Appeal, who delivered the following decision on December 22, 2015.