B.C. Premier David Eby has announced the province will undertake a comprehensive revision of the province’s Mental Health Act in response to the fatal car ramming attack that killed 11 people at a cultural festival in Vancouver.
A man who had earlier been detained under the act now faces eight charges of second-degree murder after an SUV plowed through the crowd on April 26 at the Lapu Lapu festival celebrating Filipino culture. The male suspect was under the supervision of a health team at the time of the incident that left a five-year-old child and her parents dead. Police have said more charges are pending as victims are identified.
Eby told an April 30 press conference the legislation review will be managed by Minister of Health Josie Osborne, who will work to “modernize” the Mental Health Act established in 1996.
The legislation lays out guidelines for the treatment of individuals with mental illness who require protection from self-harm or harm to others. Someone who is certified under the act can receive treatment for a mental disorder against their will.
The constitutionality of British Columbia’s mental health legislation has been the subject of a nearly decade-long legal challenge. The Council of Canadians with Disabilities and two individuals challenged the act in 2016, saying it is inhumane and perpetuates negative stereotypes about those with mental health issues.
Eby said other provinces have lost challenges similar to the one British Columbia is facing, but the premier described the act as necessary for public safety.
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“We need those provisions, we need to be able to force people into care—that’s why we’re defending the act,” Eby told reporters. “And the sensitivity around it has led us to delay doing this modernization of the act that everybody agrees needs to happen. But I don’t think we can delay it anymore: We need to bring it forward.”
Eby pledged a public inquiry would be held into the fatalities, saying it would commence after the upcoming trial of Adam Lo, the 30-year-old man charged in the fatal ramming incident. The premier said the inquiry will investigate if the province’s health-care system failed Lo, who has had numerous interactions regarding mental health with Vancouver police.
Eby earlier told reporters he would like to proceed with a public inquiry immediately, but doesn’t want to interfere with the ongoing criminal case against the accused.
“I think this individual is a mass murderer. I think he should be prosecuted to the full extent of the law,” he told reporters, saying the suspect “made the decision to run down children and seniors.”
“We’ll leave the ultimate decision to the courts but that’s my opinion,” Eby added.
‘Act of Violence’
Vancouver Police Sgt. Steve Addison said the attack is not being investigated as a hate crime, but as an “indiscriminate act of violence.”
The attack occurred at 8:14 p.m. local time on April 26 at the intersection of Fraser Street and East 41st Avenue as the festival, which was attended by tens of thousands of people, was wrapping up.
Eyewitnesses said victims were sent flying as a black Audi SUV sped through the crowd. The SUV was later seen with its hood crumpled and engine underneath exposed.
Interim Vancouver Police Chief Steve Rai said a suspect was arrested after initially being apprehended by bystanders.
The 11 people killed ranged in age from young children up to 65 years old. Thirty-two people were admitted to hospitals across the Lower Mainland. Ten people remain in hospital, seven in critical and three in serious condition, including a 22-month-old boy, Addison said.
A father, mother, and five-year-old daughter have been confirmed as three of the 11 deceased victims.
Richard Le, his wife Linh Hoang, and daughter Katie Le were killed during the car attack as was Kira Salim, a teacher and school counsellor working at both Fraser River Middle School and New Westminster Secondary School.
Three members of a family of Colombian immigrants have also been identified as victims.
Investigators have identified more than 200 witnesses and will be conducting a video canvas spanning a 25-block radius, Addison said.
Public Safety Commission
Eby said while an inquiry into the ramming cannot happen as the criminal case proceeds, he plans to launch an independent commission to explore measures to increase public event safety.
The commission will have a “quick turnaround” and will offer answers to event organizers by June, Eby said.
The Public Inquiry Act allows the government to appoint a commission, collect information, do interviews and act quickly to deliver independent information to residents, he said.
Eby said the review will be carried out swiftly because he wants the public to feel secure “gathering and celebrating” over the summer.
These issues will be addressed again next week in an urgent debate on mental health, which was requested by the Conservative Party and approved by the government.
Conservative Leader John Rustad said he welcomes the government’s acknowledgment that change is needed but is less sure that it will address “the depth of the problem” that exists.
Conservative MLA Trevor Halford spoke out about the need for Mental Health Act revisions in the legislature this week, saying how the province handles the situation will be intensely scrutinized.
“The world is now watching what we do next and I can tell you this — in every community, whether it’s mine or any other member of this house, in all honesty, we are not doing enough to keep our streets and people safe,” he said.
The Canadian Press contributed to this report.
