Lawyers’ group ‘deeply concerned’ by Eby’s comments on Vancouver attack suspect

Dabid Eby is facing criticism after saying the man facing murder charges in the festival killings should spend life behind bars.

The Canadian Bar Association, the largest professional organization for lawyers in the country, says it is deeply concerned by B.C. Premier David Eby’s recent comments about the man accused in a vehicle attack that left 11 people dead at a Vancouver festival.

Lee Nevens, the president of the legal association’s B.C. branch, accused the premier of undermining the judicial process with his comments in the B.C. legislature by referring to the suspect – who has not faced trial – as a “murderer” who “should spend the rest of his life in custody.”

Eby, a former lawyer and civil liberties advocate, made the comments during question period on May 1.

“My opinion is that the man made the decision to drive a vehicle into a crowd of children, parents, seniors and volunteers and kill them,” Eby told the legislative assembly.

“It’s my opinion: he’s a murderer. It’s my opinion: he should spend the rest of his life in custody.”

The premier went on to say he has “a high opinion of the independence of our courts, their ability to hear the evidence, to reach the conclusions that they’re going to reach.”

“I respect the decision, of course, whatever it will be,” Eby continued. “But it will not change my opinion that this man did a despicable thing, did the most hateful thing; that he ruined the work of thousands of people and traumatized thousands more; that he stole children from parents, parents from children; and that he should spend the rest of his life in jail.”

‘Fosters distrust in justice system’

In an open letter to the premier, Nevens says the lawyers’ association supports members of the Filipino community who were victimized in the Lapu-Lapu festival attack, adding there is “no doubt that the incident must be reviewed” to prevent similar tragedies in the future.

But the CBABC president says the premier must avoid expressing opinions on judicial matters before those matters have been resolved by the courts.

“We are deeply concerned that the premier, the most senior and well-recognized leader in the B.C. government, is expressing opinions on legal outcomes prior to a fair trial,” Nevens wrote in the letter published on the bar association’s website Tuesday.

“By ignoring the presumption of innocence and the requirement of due process in your public remarks, you give permission for others to do the same. Such action undermines the independence of the judiciary and the rule of law, and it fosters distrust in our justice system.”

A judge has ordered a psychiatric assessment of 30-year-old Kai-Ji Adam Lo, who is facing eight charges of second-degree murder following the April 26 vehicle-ramming attack. His next court appearance is scheduled for May 30 in Vancouver.

“It is critical to the stability of our democratic society to have impartial legal processes and to ensure that judicial decisions are based on laws and facts, not emotion, political pressure or outside influences,” Nevens said.

Eby addressed the letter during an unrelated news conference in Victoria on Wednesday, telling reporters he has confidence in the independence of the courts “and their ability to withstand my own feelings about what should happen to this individual.”

A criminal defence lawyer based in Victoria said it is understandable for someone to express an opinion about such a horrific event, but agreed with the bar association that Eby had overstepped.

“He’s the premier, he’s the former attorney general, and he’s a lawyer. He should know better,” said Michael Mulligan.

“When I heard the comments, my response to them was that those are simply not appropriate.”

With files from CTV News Vancouver’s St. John Alexander