An artist’s sketch depicts Gabriel Klein in court during his fitness hearing on April 19 at B.C. Supreme Court in New Westminster. (Sketch by Sheila Allan)

Accused found unfit for murder trial over B.C. school stabbing

Gabriel Klein is set to appear before the B.C. Review Board again in mid-January

UPDATED: 9:40 a.m., Sept. 13

The decision to hold off a man’s second-degree murder and aggravated assault trial for at least four more months “isn’t surprising” but leaves the family of one of the victims “on a bit of a hamster wheel,” a family representative says.

Gabriel Klein, accused of killing one student and seriously injuring another in a stabbing at Abbotsford Secondary School, is unfit to stand trial, the B.C. Review Board has found in a disposition this week that offered nothing on the board’s deliberation on the matter.

“That was quite evident. The challenge the family has is they’re almost on a bit of a hamster wheel for the next little while, where this will now be in January … to see if Klein can get healthier. It just means the family has to come back in four months and then maybe three to six months after that and then maybe a year after that. There’s really no closure,” said Dave Teixeira, representative of one victim’s family.

“This is only phase one. All these hearings have nothing to do with guilt or innocence. This is everything to do with just is he ready for trial? … It’s conceivable that he would never get to trial. It’s also conceivable that he would never get to trial in 20 years. So it’s a very, very frustrating process.”

Teixeira noted there was some understanding from the family of the victim that Klein is seriously mentally ill.

“As much as it’s frustrating, it makes sense that someone who’s going to stand trial needs to be able to assist in their defence. There’s really no issue with that,” Teixeira said.

“I think what the family, and certainly myself and others get frustrated [with] is how difficult the process is. … It’s just a strange process. There’s no guide to it; B.C. Review Board’s own website doesn’t make it easy.”

Teixeira also sees some positive out of last week’s hearing, which deliberated on whether or not Klein was malingering, or faking or exaggerating his symptoms.

“They’re not just taking his word for it, they’re not just looking passively by. They’re actually being quite inquisitive. And to me that shows that a system is working.”

ORIGINAL: 8:30 p.m., Sept. 11

The man accused of killing one student and seriously injuring another in a stabbing at an Abbotsford high school is unfit to stand trial, the B.C. Review Board has found.

But Gabriel Klein will return before the board for another hearing on the matter on Jan. 15, 2019, according to Dave Teixeira, spokesperson for the family of one of the victims. The decision has not been publicly released, but Teixeira said it will be released on Wednesday.

READ MORE: Man charged in Abbotsford school stabbing still too psychotic, doctors say

The ruling comes with little surprise — neither Crown nor defence argued that Klein is currently unfit to stand trial. That arose from evidence from two separate doctors, both of whom indicated Klein was not fit.

However, the doctors differed in their diagnoses. Klein’s treating psychiatrist at Colony Farm, where his hearing was held and where Klein is being held, told the B.C. Review Board that Klein was experiencing disorganized thinking. That thought disorder effectively makes it too difficult for Klein to concentrate on proceedings around him, Dr. Marcel Hediger said in last week’s hearing.

RELATED: Man charged in Abbotsford school stabbing found unfit to stand trial

He also diagnosed Klein with schizophrenia. While an independent doctor, Andrew Kolchak, focused more on Klein’s “severe” psychosis — disagreeing that Klein’s elusive mind was to the extent of disorganized thinking — he was more “conservative” in not also diagnosing Klein with schizophrenia.

Teixeira, too, noted some understanding from the family of the victim that Klein is seriously mentally ill.

Where the Crown and defence differed, however, was when the Review Board should reconvene. Crown suggested the matter return in four months — compared with the defence’s and Colony Farm’s suggestion of six months — pointing largely to the question of malingering, or faking one’s symptoms.

RELATED: No decision on Abbotsford school stabbing suspect’s mental fitness for trial

Kolchak noted in the hearing last week that there was some chance that Klein could be malingering, and there are tests psychiatrists can run to determine that. But he also noted that Klein’s psychosis was too severe at this time to provide an accurate result for that test.

Hediger told the board that Klein, who had previously refused medications, was now complying and taking those medications. But he said it could take three to six months for Klein’s mental state to stabilize, forming much of the basis for the defence’s suggestion of six months before another hearing.

Following the hearing, Teixeira addressed reporters, saying the family does want to see the matter move forward. But he was cautious about rushing into another hearing, before Klein’s had a chance to stabilize enough to head back to court.

Report an error or send us your tips, photos and video.

Dustin Godfrey | Reporter

@dustinrgodfrey

Send Dustin an email.
Like the Abbotsford News on Facebook.
Follow us on Twitter.

Just Posted

Proposed Boston Flats Eco-Depot hits rezoning amendment hurdle

TNRD now considering way forward after third reading of bylaw defeated

Conservative candidate Brad Vis speaks at Ashcroft Tiwn Hall

Puts family first, says Conservatives will work for all Canadians

New report on 2017 wildfires calls for better coordination with First Nations

Tsilhqot’in National Government documents 2017 disaster and lists 33 calls to action

In 1968, an Ashcroft Art Show was an idea whose time had come

Local artists got together to form a club in 1967, and a year later a show was born

Soccer week 2: League play gets underway

Warm-up time is over as the teams get down to work

VIDEO: Large dust devil swirls through town in B.C.’s interior

Residents look on as column climbs about 90 feet into the air

RCMP arrest B.C. man following threatening Vaisakhi Facebook post

Post made reference to pressure cooker bomb at massive Surrey parade

Second dump site of Dungeness crab discovered in northern B.C.

DFO confident new site related to larger April 2 dump

Northern B.C. high school student reaches 100,000 followers on YouTube

Voice actor, animator, Jericho Fortune has more than 30-million views on his channel GTAGAMER222

University mourns student who died in B.C. canoeing accident

Andrew Milner, 19, was in his second year with the University of Calgary’s basketball program

B.C. woman pleads for people to stop stealing daffodils meant to honour cancer victims

Cynthia Bentley honours memory of those lost to cancer by planting 100 daffodils each year

Canfor temporarily shutting down lumber mills across B.C.

Low lumber prices and the high cost of fibre are the cause of curtailment, according to the company

Two in critical condition, several still in hospital after Langley deck collapse

Close relative Satwant Garcha makes daily trips to visit those injured at the wedding

Allegedly intoxicated man arrested after 3 paramedics attacked at Kamloops hospital

Paramedics had transported the man to Royal Inlands Hospital for medical treatment

Most Read