The man accused of killing 11 people in a car-ramming attack at the Lapu-Lapu Day festival in April will appear in provincial court in Vancouver on Wednesday for a decision on whether he is mentally fit to stand trial on murder charges.
Kai-Ji Adam Lo, 30, will appear by video from where he is being held in custody. Lo was arrested and charged with 11 counts of second-degree murder after he allegedly drove his SUV into a crowd at the South Vancouver festival on April 26.
Lo’s mental fitness to stand trial was the subject of a three-day hearing where the court heard evidence and arguments related to reports prepared by two expert-witness forensic psychiatrists.
Accused in Canada are presumed fit to stand trial unless found otherwise. At issue is not the state of Lo’s mental health on April 26 — rather, it’s his present condition.
Richard Schneider, retired judge and University of Toronto forensic psychiatry professor, said the court can revisit the issue of mental competency several times during a trial, especially if the accused is “fragile.”
“In some mental disorders there is a reasonable prognosis that given some time and treatment adherence the psychotic symptoms will subside, and the accused will become fit to stand trial,” he said. “Competence can change from one day to the next and often improves with the help of psychiatric care.”
Generally, the test to determine if a person is fit to stand trial is based on whether they can understand the nature and consequences of court proceedings, and whether they are able to meaningfully communicate with their legal counsel.
After Lo was arrested, it was revealed he was under the care of a mental health team at the time of the car-ramming attack.
Presiding judge Reginald Harris is also expected to rule Wednesday on the sweeping publication ban on information heard during Lo’s mental fitness hearing.
CBC News is part of the media consortium that brought a challenge to have the ban lifted.
