Court Orders Fitness Hearing for Man Accused in BC Mountie’s Death

A British Columbia Supreme Court judge has officially paused the murder trial of Jongwon Ham to determine if he is mentally fit to stand trial. Ham is accused of the first-degree murder of Burnaby RCMP Constable Shaelyn Yang in October 2022.

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Key Developments

• The Hearing: Justice Michael Tammen has scheduled a three-day fitness trial to begin on February 6, 2026.
• The Catalyst: The order follows a recent psychiatric assessment. Concerns about Ham’s mental state emerged just as his criminal trial was slated to begin earlier this month.
• Publication Ban: Specific details from the psychiatric report and the arguments made in court remain under a publication ban to protect the integrity of future legal proceedings.

The Legal Threshold for “Fitness”

A fitness trial does not decide guilt or innocence. Instead, it focuses on whether the accused can currently participate in their own defense. Under the Canadian Criminal Code, a person is “unfit” if they cannot:

1. Understand the court process and who the participants are.
2. Understand the personal consequences of the charges.
3. Communicate effectively with their legal counsel.

Background on the Case

Constable Shaelyn Yang, a 31-year-old officer specialized in mental health and homeless outreach, was killed on October 18, 2022. She was stabbed while accompanying a city employee to a local park encampment to notify a resident that they had to move. Ham was shot during the alteraction but survived and has remained in custody since the incident.

Next Steps

The court will hear testimony from mental health experts in February.

• If found fit: The murder trial will resume.
• If found unfit: Ham will likely be sent to a psychiatric facility (such as the Forensic Psychiatric Hospital) until his condition improves enough for the trial to proceed.