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Can the Vancouver Attack Suspect Be Convicted? Rob Dhanu, K.C., Explains What the Law Says—and Where the System Failed

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A Filipino community celebration became the deadliest attack in Vancouver’s modern history.

Eleven people were killed. Dozens more were hospitalized. Entire families were wiped out in seconds.

A five-year-old girl, her parents, and others were struck and killed by an SUV driven through the heart of the Lapu Lapu Day festival on April 27, 2024. The driver—30-year-old Kai-Ji Adam Lo—is now charged with multiple counts of murder. But the legal spotlight is quickly shifting to a deeper, more complex question:

Can he be convicted if he was mentally ill?


“This Is a Systemic Failure.” — Rob Dhanu, K.C.

On CKNW’s Jazz Johal Show, Rob Dhanu, K.C., a former federal Crown prosecutor and one of British Columbia’s leading criminal defence lawyers, delivered a critical breakdown of the legal path ahead—and what it says about our justice system.

“We’re not just dealing with the ‘how’ of this attack. We need to understand the ‘why.’ And the legal system is only one part of the answer.”


What Is NCRMD—and Why It Matters in This Case

Under Canadian law, someone can be found Not Criminally Responsible on Account of Mental Disorder (NCRMD) if:

  • They were suffering from a mental disorder at the time of the offence

  • The disorder rendered them incapable of understanding what they were doing or knowing that it was morally wrong

As Rob explained:

“It doesn’t matter how horrific the act was. If the person was so mentally unwell that they had no grip on reality, our justice system treats that differently—not to excuse it, but to reflect moral culpability.”


“Intent” Is What Premier Eby Got Wrong

BC Premier David Eby publicly stated the accused “made the decision to run down children and seniors.”

Rob Dhanu responded with precision:

“That’s exactly what the court must determine. Was he capable of making that decision? That’s not political—it’s legal, and it requires expert psychiatric evaluation.”

Making bold statements about guilt before trial undermines due process—a core value in Canadian democracy.


⚖️ It’s Not a Lawyer’s Argument—It’s a Psychiatrist’s Opinion

Rob Dhanu explained that NCRMD cases hinge on expert evidence:

  • The Crown will have a psychiatrist.

  • The Defence will have their own.

  • The court may appoint a neutral third expert.

  • If both sides agree the accused meets the NCRMD threshold, the judge often follows that joint recommendation.

But Rob was clear:

“If the experts disagree, then we’re in for a very complex trial. This isn’t a technicality—it’s a fundamental question of criminal responsibility.”


The System Already Knew the Suspect. And Still Failed.

This wasn’t a mystery case.
Kai-Ji Adam Lo was already certified under the BC Mental Health Act, under the care of health professionals, and on extended leave.

Yet the attack still happened.

“This isn’t just a legal failure,” said Rob. “It’s a systemic collapse. Mental health care in British Columbia is fragmented and under-resourced. Institutions like Riverview are gone, and nothing has replaced them. We’re seeing the consequences in real time.”


What Happens Next—And What Canadians Must Understand

If Lo is declared NCRMD, he will not walk free.

He will be confined in a secure psychiatric hospital, subject to annual reviews by the BC Review Board, which determines if and when he can be conditionally released—based on real psychiatric risk, not punishment.

“The public wants justice,” Rob said. “But we have to separate justice from vengeance. If someone is too ill to form intent, then the criminal justice system has to reflect that. Otherwise, we lose what makes it just.”


We Must Honour the Victims—And Fix What Failed

From five-year-old Katie Le and her parents, to teachers, seniors, and community leaders, the victims of this attack were not just statistics.

They were families.
They were culture-bearers.
They were loved.

And they were failed.

This case must spark more than a trial.
It must spark mental health reform, accountability, and a public commitment never to let this happen again.


Final Word from DDLaw.ca

At Dhanu Dhaliwal Law Group, we don’t shy away from difficult questions.
We speak for justice. We stand with victims. And we demand accountability from every part of the system—legal, medical, political.

Contact our criminal law team if you have questions about NCRMD, public inquiries, or your rights in serious criminal cases.

We’ll walk you through it. We’ll help you understand it.
And we’ll never look away from the truth.

 

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