Staetter v. Forensic Psychiatric Services, (2015) 367 B.C.A.C. 226 (CA)

Judge:D. Smith, Bennett and Willcock, JJ.A.
Court:Court of Appeal of British Columbia
Case Date:January 22, 2015
Jurisdiction:British Columbia
Citations:(2015), 367 B.C.A.C. 226 (CA);2015 BCCA 63
 
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Staetter v. Forensic Psychiatric Services (2015), 367 B.C.A.C. 226 (CA);

    631 W.A.C. 226

MLB headnote and full text

Temp. Cite: [2015] B.C.A.C. TBEd. FE.038

Christopher Michael Staetter (appellant) v. The Director of Adult Forensic Psychiatric Services (respondent) and The Attorney General of British Columbia (respondent)

(CA042322; 2015 BCCA 63)

Indexed As: Staetter v. Adult Forensic Psychiatric Services (B.C.) et al.

British Columbia Court of Appeal

D. Smith, Bennett and Willcock, JJ.A.

February 19, 2015.

Summary:

Staetter was charged with uttering threats to cause death or bodily harm and criminal harassment. On October 19, 2012, he was found not criminally responsible by reason of mental disorder. The trial judge committed Staetter to the care of the Adult Forensic Psychiatric Services, and referred him to the British Columbia Review Board for disposition pursuant to s. 672.45(1.1) of the Criminal Code. On November 27, 2012, the Review Board made a custodial order and he has been detained by the Review Board since his committal. On September 16, 2014, the Review Board ordered that Staetter remain in custody. Staetter appealed.

The British Columbia Court of Appeal dismissed the appeal.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Editor's Note: There are several cases involving this accused. Please visit our website at www.mlb.nb.ca and search Indexed As: Staetter v. Adult Forensic Psychiatric Services (B.C.) et al.

Criminal Law - Topic 93.90

General principles - Mental disorder - Dispositions by court or review board - Detention - See paragraphs 1 to 25.

Cases Noticed:

R. v. Owen (T.) (2003), 304 N.R. 254; 173 O.A.C. 285; 2003 SCC 33, refd to. [para. 17].

John v. Adult Forensic Psychiatric Services (B.C.) et al. (2008), 258 B.C.A.C. 4; 434 W.A.C. 4; 2008 BCCA 265, refd to. [para. 17].

Winko v. Forensic Psychiatric Institute (B.C.) et al., [1999] 2 S.C.R. 625; 241 N.R. 1; 124 B.C.A.C. 1; 203 W.A.C. 1, refd to. [para. 17].

Counsel:

The appellant appeared on his own behalf;

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

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

This appeal was heard at Vancouver, B.C., on January 22, 2015, by D. Smith, Bennett and Willcock, JJ.A., of the British Columbia Court of Appeal. The following judgment of the Court of Appeal was delivered by Bennett, J.A., on February 19, 2015.

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