Publication ban on hearing for Lapu Lapu attack suspect challenged by news outlets

Thursday marked the second day of the fitness hearing for accused Lapu-Lapu Day festival killer Adam Kai-Ji Lo.

A hearing to determine the mental fitness of the man accused of intentionally driving an SUV through a crowded street festival and killing 11 people has begun at provincial court in Vancouver on Wednesday.

Adam Kai-Ji Lo appeared in court in person for the first time, after making his previous appearances by video.

Lo faces 11 counts of second-degree murder in relation to the vehicle attack at the Lapu Lapu Day Festival on April 26.

The festival is an annual celebration of Filipino culture.

Dozens more people were injured.

Six remain in hospital in stable condition and some have moved to rehabilitation facilities.

At the time of the incident, Lo was under the mandatory care of a Vancouver Coastal Health community team.

Although he was subject to conditions under the Mental Health Act, he was living freely in the community.

“A lot of people are looking for justice and are looking for updates on this case,” Crystal Laderas, public relations manager for Filipino BC, said outside of court. “So, it’s important that Filipino BC is here to provide those updates to our community members.”

Judge Reginald Harris has issued a sweeping publication ban which prevents CTV News from sharing most of the details of the fitness hearing.

Harris has cited the need to protect Lo’s right to a fair trial.

A consortium of news organizations is challenging the ban in order to ensure the public has a reasonable understanding of exactly is happening in the high-profile case.

“(To) report to people what happened. What are the issues? To understand what the judge is grappling with, what the court is grappling with, and hopefully to explain and add some transparency and accountability,” said Coles, who represents the news consortium, which includes CTV News.

Harris has yet to hear arguments on the ban but says he intends to at the earliest opportunity.

In a reportable development at the hearing, the Crown alerted the court to an upcoming ruling expected from the Supreme Court of Canada in an unrelated case from Ontario.

The decision, expected on Friday, could impact the threshold or test used to determine a person’s fitness to stand trial – and could have significant bearing on Lo’s case.

“Witnesses may have to be called back to testify because new facts or new issues or new factors become relevant,” said Coles. “And similarly, the complex written arguments that no doubt counsel have prepared may have to be rewritten.”

After a discussion with the Crown and defense, Harris ruled the fitness hearing would proceed with evidence and testimony from witnesses – but legal arguments from the lawyers would take place at a later date once the impact of Friday’s SCC ruling was known.

In the meantime, it’s not clear exactly when there will be a ruling on Lo’s fitness to stand trial.