A Vernon woman found not criminally responsible due to a mental disorder for grabbing a boy on a transit bus has again been denied in an attempt to be released from B.C.'s Forensic Psychiatric Hospital.
This time, B.C.'s Court of Appeal found that while Gabriel Hunter Gibson has demonstrated some improvement, her mental condition remains serious, and she could continue to pose a threat to others.
Gibson grabbed the four-year-old, who was with his great-grandmother, on Oct. 11, 2016. Gibson was claiming the boy was her son and passengers and the bus driver had to intervene.
During the 2016 incident, court records show Gibson said, "No, you're not taking him, he's my child" when the boy and his great-grandmother moved to get off the bus.
A male passenger was able to pry Gibson's hands from the boy, and the driver escorted the accused off the bus while the boy and great-grandmother re-boarded and got off at the next stop.
Gibson was found guilty in 2018 of attempting to remove a child against the will of a parent or guardian and of assault.
She had appealed a November 2020 decision of the B.C. Review Board that she continue to reside at the Forensic Psychiatric Hospital, contending it was "unreasonable and unsupported by the evidence."
However, in a decision rendered May 20, 2021 in Vancouver, the B.C. Court of Appeal dismissed Gibson's appeal. A similar decision came Feb. 2.
"The review board’s conclusion that the appellant cannot yet be safely managed in the community, and therefore continues to pose a significant threat to the safety of the public, is reasonable and amply supported in the evidence," Justice Elizabeth Bennett wrote for the three-judge panel.
That decision said Gibson suffers from treatment-resistant schizoaffective disorder, is bipolar, and that her condition has been complicated by substance abuse.
"This includes beliefs that Ms. Gibson has telepathy and healing powers, has given birth to multiple 'angel babies,' is currently pregnant, or has given birth to multiple different people."
In February, Gibson appealed an Oct. 15, 2021 board review of her case.
Dr. Garen Gharakhanian told the review board Gibson remained without insight into the nature of her mental illness and the need for treatment.
"She has no insight into the nature and seriousness of the act mentioned in the index offence," Gharakhanian said. "She remains psychotic and has acted impulsively and violently towards staff. She has threatened violence and has been physically assaultive. She has repeatedly refused medications on many occasions."
Bennett wrote that the seriousness of Gibson's mental condition, lack of insight, and desire to stop taking medication if released, with the consequent likelihood of her mental health rapidly deteriorating, justified Gibson remaining in custody.
Gibson has a mental health history reaching back to when she was just 17 and "a history of problematic behaviour in the community. This includes more than one attempt to abduct a child."
She has had numerous psychiatric admissions to hospital over the years in Saskatchewan, Ontario and British Columbia.
Gibson has also shown violent behaviour against her mother, a police officer, a corrections officer, fellow patients and caregivers.
The three-justice panel found Gibson continues to pose a significant threat to the community and is likely to engage in the same type of behaviour towards children if discharged.
Gharakhanian testified during the first appeal that Gibson has improved with electroconvulsive therapy.
Gibson has since completed escorted and un-escorted leaves from the hospital, Gharakhanian said.
With files from Castanet
