Convicted killer Jason McKay's application for mental health assessment dismissed

Justice Michael Tochor has dismissed convicted killer Jason Daniel McKay's application for a mental health assessment. 

McKay asked for the assessment of his mental condition in order to advance the defence of not criminally responsible by reason of mental disorder prior to being sentenced for murdering his wife, Jenny, in their kitchen. 

He was convicted at Regina's Court of Queen's Bench in January after a judge-alone trial. The Crown had argued against McKay's application, saying there was "no air of reality" to McKay's claims and that reasonable grounds for a mental health assessment did not exist. 

The judge agreed. 

"The evidence at the trial establishes Mr. McKay undoubtedly appreciated the nature and consequences of his actions and that he knew they were wrong," Tochor wrote in his decision.

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Tochor was not satisfied there are reasonable grounds to believe McKay had a mental disorder which prevented him from appreciating the nature and quality of the killing. 

He listed several reasons in a written decision for why he was unable to order a mental health assessment. 

Tochor considered what the defence has referenced in its application, including McKay's testimony. At the trial, McKay said he stabbed his wife twice while in a "dream-like state" and after seeing dark visions and hearing voices that told him to kill her.

He testified that his memory of the night was fragmented and peppered by lengthy blackouts. He suggested a combination of antidepressants and alcohol lead to a state of alcohol induced amnesia. 

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None of this was accepted as evidence at the trial, as the judge found it unreliable and gave no consideration to it in his final decision. 

The judge also considered the fact that McKay had indeed suffered from depression. He found that "there is no evidence his depression was a mental disorder" as set out in the Criminal Code requirements, and also "there is no evidence his depression rendered him incapable of appreciating the consequences of his actions or knowing they were wrong."

"The evidence is overwhelming that Mr. McKay appreciated the nature and consequences of his actions, and that he appreciated what he did was wrong," Tochor wrote, highlighting many repetitive utterances by McKay to police, including that he f--king killed her.

"He not only appreciated what he did was wrong, he appreciated his actions were criminal and he understood he would be charged with murder."

McKay knew he could be sentenced up to 25 years, and he even knew there'd be media attention to the case. 

"A threat to one officer to 'blood you up, just like I did her' and his statement 'be the last time she f--ks with me' establish he undeniably appreciated the consequences of his actions," Tochor wrote. 

The sentencing date was set for April 3, but currently the parties involved have to determine how the hearing will proceed given the new court restrictions amid the COVID-19 pandemic.