VANCOUVER — A media consortium is contesting a publication ban on evidence presented during a hearing to assess the fitness of Adam Kai-Ji Lo, the man accused of killing 11 people at Vancouver's Lapu Lapu Day festival. The ban, which has the backing of both the prosecution and the defense, prohibits the publication of evidence from the British Columbia provincial court hearing until it is lifted or after the conclusion of the criminal trial.

Lo faces 11 charges of second-degree murder stemming from an incident in April, when an SUV drove into a crowd at a Filipino community festival. During a court appearance via video on Tuesday, Lo wore a blue sweatshirt as he participated in the proceedings.

Daniel Coles, the lawyer representing the media consortium, argued that lifting the ban would serve the public interest. He noted that the public is already aware of certain details, including Lo's significant interactions with police regarding mental health issues. Coles emphasized the importance of media coverage, stating that it helps fill the gap when public attendance at court is limited. He said, "It’s essential to the public interest and the open-court principle to allow the media to report on the matter."

In contrast, Crown lawyer Michaela Donnelly and Lo's defense attorney, Mark Swartz, opposed any changes to the ban. Swartz contended that the ban is crucial for protecting Lo's right to a fair trial. He warned that publishing details from the fitness hearing could influence potential jurors.

Coles argued that the court must balance Lo's right to a fair trial with the principles of court openness and freedom of expression. He stated, "A proper publication ban — one that can withstand Charter scrutiny — is done with a scalpel and not a hatchet. It’s minimally invasive."

Swartz countered that the information available to the public is limited and vague, asserting that the publication ban is necessary to prevent any potential jury bias. Donnelly echoed this sentiment, highlighting the uncertainty regarding what evidence will be admissible at trial compared to what is permissible in a fitness hearing.

Last month, Lo appeared in court as forensic psychiatrists Dr. Robert Lacroix and Dr. Rakesh Lamba provided expert testimony during the fitness hearing. While the specifics of their evidence cannot be disclosed due to the ban, their names and roles can be reported.

Lo is scheduled to return to court on Friday as the fitness hearing continues.