Forensic Psychiatric Institute (B.C.) v. Johnson et al., (1995) 66 B.C.A.C. 34 (CA)

• Judge: Wood, Rowles and Ryan, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: August 18, 1995
• Jurisdiction: British Columbia
• Citations: (1995), 66 B.C.A.C. 34 (CA)

Forensic Psychiatric Inst. v. Johnson (1995), 66 B.C.A.C. 34 (CA);

    108 W.A.C. 34

MLB headnote and full text

The Director, Forensic Psychiatric Institute (plaintiff/appellant) v. Dawn Margaret Johnson and Attorney General of British Columbia (defendants/respondents)

(CA020369)

Indexed As: Forensic Psychiatric Institute (B.C.) v. Johnson et al.

British Columbia Court of Appeal

Wood, Rowles and Ryan, JJ.A.

October 31, 1995.

Summary:

The accused was found not criminally responsible for certain assaults on account of mental disorder. The British Columbia Review Board discharged the accused under s. 672.54(b) of the Criminal Code subject to certain conditions which allowed the Direc­tor of the Forensic Psychiatric Institute to direct that the accused reside in the Institute indefinitely. The Director appealed and the accused cross-appealed.

The British Columbia Court of Appeal dismissed the appeal and allowed the cross-appeal. The court sent the matter for recon­sideration by the Review Board.

Criminal Law - Topic 93.82

Mental disorder - Dispositions by court or review board - Absolute discharge - The British Columbia Review Board conditionally discharged an accused pursu­ant to s. 672.54(b) of the Criminal Code - The accused appealed arguing that she should have been given an absolute dis­charge - The British Columbia Court of Appeal rejected the accused's argument, holding that the Board applied the proper test in considering the absolute discharge issue and the decision not to grant an absolute discharge was reasonable and supported by the evidence - See para­graphs 32 to 44.

Criminal Law - Topic 93.83

Mental disorder - Dispositions by court or review board - Discharge subject to con­ditions - The Criminal Code, s. 672.54(b), provided that where an accused was found not criminally responsible for certain assaults on account of mental disorder, the court or review board could discharge the accused subject to such conditions as the court or review board considered appro­priate - The British Columbia Review Board discharged an accused under s. 672.54(b) subject to conditions which allowed the Director of the Forensic Psy­chiatric Institute to direct that the accused reside indefinitely in the Institute - The accused appealed - The British Columbia Court of Appeal allowed the appeal, hold­ing that such a conditional discharge was not authorized under s. 672.54(b) - See paragraphs 2, 45 to 66.

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. 36].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 672.45 [para. 10]; sect. 672.47(3) [para. 14]; sect. 672.54(a), sect. 672.54(b), sect. 672.54(c) [para. 12]; sect. 672.56 [para. 20]; sect. 672.78(3) [para. 62]; sect. 672.81 [para. 17].

Counsel:

M.P. Acheson, for the appellant;

D.J. Nielsen, for the respondent, Dawn Margaret Johnson;

W.K. Kinash, for the respondent, the At­torney General of British Columbia.

This appeal was heard in Vancouver, British Columbia, on August 18, 1995, before Wood, Rowles and Ryan, JJ.A., of the British Columbia Court of Appeal. The following judgment was delivered by Wood, J.A., on October 31, 1995.