Judge rules Curtis Poburan fit, dangerous offender hearing resumes

Curtis Poburan in 2022. (Photo provided.)

A hearing will go on to determine if Curtis Poburan, a man with a history of sex offences against children, should be designated a dangerous offender.

The court received a nine-page fitness assessment report, the second since the start of the hearing.

"I don't have any questions because it's a comprehensive report, including citing case law," said Justice Doreen Sulyma.

"In her medical opinion, at the time of the assessment, Mr. Poburan is fit to stand trial," Crown Prosecutor Wendy Ekert read from the report.

According to the report, Poburan described the court proceedings as too complex to understand.

It included discussion about Poburan wanting a new lawyer to "get him released" and get "compensation."

"I will keep firing lawyers until they listen to me," Ekert continued reading.

The psychiatrist noted Poburan understood the charges but "failed to accept them, expecting them to be dismissed."

She also wrote he "meets the necessary criteria for understanding and participating in the process."

"He's very clear about why he wants to represent himself," Ekert said, adding "he's in the Crown's view making rational decisions."

"I submit that Mr. Poburan is fit," added Amicus Tyler Tober, a lawyer appointed by the court to ensure the proceedings are fair.

"He understands the process," he said. "He has nearly exhausted opportunity to receive legal advice and representation."

After firing five lawyers, Poburan has put in a request with legal aid for a new one, which Tober said "may be unlikely" this far into the proceedings.

The court heard Poburan told Tober he believes he has 13-years credit available for time spent in pre-sentence custody.

"To perhaps justify his release," said Tober.

There was a brief adjournment to give Poburan a chance to read the fitness report, which he refused to do.

"No, I will never," said Poburan.

After his former psychiatrist testified last week Poburan said he no longer trusts them, that he feels like he's been "stabbed in the back."

"I'm trying to refrain from having another mental outburst," he said.

Poburan has at times been disruptive, yelled and used vulgar language throughout the proceedings.

He was found fit to proceed for a second time.

As the issue of procedural fairness was addressed, Poburan laid down on the floor of the prisoner's box.

"Mr. Poburan, can you still hear?" asked Justice Sulyma.

"Haven't had enough sleep," he responded, still on the floor.

Crown Prosecutor Parm Johal was directed to continue with her submissions.

"This court has been incredibly patient with Mr. Poburan and his outbursts," said Johal.

"He has been afforded every opportunity to engage," she added.

As Justice Sulyma gave her ruling on fairness, she said, "I find that he has been disruptive in these proceedings."

"He has called the two prosecutors and me some pretty awful words," she added.

Despite his "outbursts," Justice Sulyma said he "is receiving a fair dangerous offender proceeding."

The Crown has four more witnesses scheduled this week before Poburan will have a chance to present his own defense.

The judge gave him the choice to appear via CCTV instead of getting up early to come to court in person so he won't be so tired.