B.C. Supreme Court Declares Jongwon Ham Unfit for Murder Trial

Based on coverage from CBC, Global News, The Toronto Star, Toronto Sun, Insauga, and Times Colonist.

Jongwon Ham, the man charged with first-degree murder in the stabbing death of Burnaby RCMP Const. Shaelyn Yang, has been found mentally unfit to stand trial by the B.C. Supreme Court. The ruling means the criminal trial that was set to get underway will not proceed right now, and Ham’s case moves into the province’s forensic mental health system for review.

Const. Yang, described in court coverage as an RCMP mental health and outreach worker, was killed on Oct. 18, 2022, after approaching a man sheltering in a tent at Broadview Park in Burnaby.

B.C. Supreme Court finds accused unfit

B.C. Supreme Court Justice Michael Tammen ruled Monday that Ham is not fit to stand trial. Tammen said Ham shows a strong basic understanding of how court works and the roles of people in the courtroom, but that his delusions stop him from making rational decisions about the process.

The judge also said there is a basis to believe Ham’s psychosis is getting worse, and that he is “overwhelmed by delusional thinking,” preventing him from making the kinds of fundamental choices accused people must make during criminal proceedings.

What happened to Const. Shaelyn Yang

Yang was stabbed to death in Broadview Park on Oct. 18, 2022, when she tried to speak with a man in a tent, according to multiple reports.

B.C.’s police watchdog, the Independent Investigations Office (IIO), previously said the man in the tent was shot and wounded by Yang during the altercation. The IIO investigates police-involved deaths or serious harm that may involve police actions or inactions. In its 2022 report on the shooting, the watchdog said its director found no reasonable grounds to believe an officer committed an offence.

Psychiatric evidence at the fitness hearing

Instead of beginning the murder trial as scheduled in January, Justice Tammen ordered a fitness hearing to assess whether Ham could understand the charge against him and participate in his defence.

Two psychiatrists testified that Ham suffers from a psychotic disorder, and the court heard both shared the view that he is unfit for trial.

One psychiatrist, Dr. Mandeep Saini, told the hearing he interviewed Ham six times in January. Another psychiatrist, Dr. Mario Moscovici, called by the defence, conducted a single two-hour interview.

Saini said he assessed Ham as having a delusional disorder, while also saying he could not rule out schizophrenia.

Ham also testified and was described as vocal throughout the hearing, but an interim publication ban prevents reporting what he said in testimony or what he told the psychiatrists.

Crown and defence positions in Vancouver court

Ham’s lawyer, Caroline Senini, told the hearing last month that her client does not believe he has delusions. She said it would be up to the judge to decide whether Ham has delusions and what that means for his ability to make decisions about his defence.

Prosecutor Colleen Smith previously told the court the Crown was not taking a position on Ham’s mental fitness. At the same time, she said Ham had a nuanced understanding of the trial process, a point that sat alongside the psychiatric evidence about how his delusions affect decision-making.

What happens next with the B.C. Review Board

Justice Tammen referred the case to the B.C. Review Board, an independent tribunal that assesses the mental health of people who are criminally accused. The board is expected to hold a hearing within 90 days.

Ham will be transferred back to a forensic hospital, according to the ruling, marking the next phase of the case while the court process is effectively paused.

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