Halifax senior found mentally unfit to stand trial for murder in December 2020 stabbing

Steve Bruce
4 Min Read
Halifax senior found mentally unfit to stand trial for murder in December 2020 stabbing

Crown attorney Stephen Anstey speaks with reporters outside Nova Scotia Supreme Court in Halifax on Wednesday after James Alfred MacLean was found mentally unfit to stand trial on a charge of second-degree murder from the stabbing of a man in December 2020. Photo by Steve BruceArticle contentAn elderly Halifax man has been declared mentally unfit to stand trial on a charge of second-degree murder from a fatal stabbing at his rooming house almost five years ago.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentJames Alfred MacLean, 75, is charged in the Dec. 8, 2020, death of Donald Scott McKay, 61, after an altercation at the Morris Street building where both men resided.Article contentArticle contentMacLean was supposed to go on trial next week in front of Nova Scotia Supreme Court Justice Christa Brothers.Article contentArticle contentBut on Wednesday in Halifax, the judge heard an application by the defence to have the senior found unfit for trial due to a mental disorder.Article contentDefence lawyer Peter Mancini based his motion on an Oct. 11 report by Dr. Grainne Neilson, a forensic psychiatrist who interviewed MacLean for more than five hours over two days this fall.Article contentIn her report, Neilson said MacLean appears to have chronic schizophrenia that has been untreated for many years and remains untreated at this time.Article contentShe said MacLean shows persistent psychotic symptoms consistent with schizophrenia, including delusions of a predominantly persecutory and grandiose nature and disorganized speech and conversation.Article contentScreening also indicates some evidence of age-related cognitive impairment, such as diminished memory and problems with some executive cognitive functions, Neilson said.Article contentArticle content“Mr. MacLean does not have a reality-based understanding of the object of the proceedings, and this impacts his ability to instruct counsel,” the doctor said.Article contentArticle content“From a clinical perspective, he is presently unfit to stand trial.”Article contentNeilson recommended that MacLean be transferred from the Central Nova Scotia Correctional Facility in Dartmouth to the adjacent East Coast Forensic Hospital pending a disposition hearing by the Nova Scotia Criminal Code Review Board.Article contentThe doctor said the interim detention at the hospital would allow a risk assessment to be conducted.Article content“At this time, it is unclear to me whether Mr. MacLean’s psychotic symptoms can be substantially ameliorated by medications to render him fit to stand trial,” she wrote.Article content“He has gone untreated for many years, which is a poor prognostic factor. Additionally, he is beginning to display age-related cognitive decline, which is likely to gradually worsen over time.”

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