Dr. Treena Wilkie

The appellant appealed a decision of the Consent and Capacity Board confirming that he was incapable of consenting to treatment with antipsychotic medication.

He argued the Board erred in applying the statutory capacity test under the Health Care Consent Act and failed to consider his understanding of treatment information and concerns about medication side effects.

The court applied a reasonableness standard of review and considered the two‑part capacity test from Starson v. Swayze requiring both understanding of relevant information and appreciation of foreseeable consequences.

The court found the Board reasonably concluded that the appellant’s delusional beliefs prevented him from both understanding and applying treatment information to his own circumstances.

The appeal was dismissed.

Following jury convictions for manslaughter, robbery, unlawful confinement, and use of an imitation firearm arising from a fatal robbery, the court determined a dangerous offender application under the pre-July 2, 2008 regime.

The court found the statutory prerequisites for both dangerous offender and long-term offender status were met but exercised discretion to designate the offender a long-term offender.

Emphasizing denunciation, deterrence, separation, and proportionality in light of extreme aggravating factors and no mitigating factors, the court imposed concurrent custodial terms resulting in a ten-year net sentence after enhanced pre-sentence custody credit, plus a ten-year long-term supervision order.