The trial of Ryan Elder, the man who was charged with the murder of his mother in their Langford home in 2021, continues as the defence counsel argues that Elder is not criminally responsible as a result of his mental health issues at the time of the crime.
Elder pleaded not guilty for the second-degree murder of Raymonde Elder, who was found dead after a police welfare check on New Year's Eve in 2021. Elder admitted to police that he strangled, punched and stabbed her at some point between Christmas Eve and New Year's.
Starting on Wednesday, Jan. 22, forensic psychiatrist Dr. Andrew Kolchak was examined as a witness after he reviewed materials from Elder's case and interviewed him twice in 2024.
Kolchak gave his clinical opinion that Elder was unable to know the moral wrongfulness of his actions at the time of the offence due to his "schizophrenia-driven psychosis", and his psychotic illness deprived him of his ability to make rational decisions.
According to the Canadian Criminal Code, a defendant can be found not criminally responsible if they committed a crime "while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong."
While being examined by defence lawyer Schuyler Roy, Kolchak explained the meaning of his report which reviewed his interviews with Elder, Elder's past interviews with police and other psychologists, statements from family members and texts, as well as his medical history.
Over the examination, Kolchak's report mapped out Elder's mental health at the time of the incident, which included delusions, hallucinations and a "magnitude of classic symptoms of schizophrenia" including thinking his mother hated him and was torturing him, plus attacking him and defecating in his bed and his belongings, though there is no evidence any of this happened.
At some points, he allegedly believed that she wasn't even his mother, rather an imposter looking to hurt him.
Referring to Elder's initial statements to police after the incident, Kolchak said Elder's idea that his mother was "probably" torturing him and possibly trying to take copies of his fingerprints was "unlikely" and part of his "conspiracy."
The report noted that his symptoms started to worsen around a year before the incident, coinciding with when he stopped taking his medication for schizophrenia. He also heavily used cannabis which, when paired with his other mental ailments, Kolchak says resulted in marijuana-induced psychosis and cannabis use disorder.
"Three to four days before Christmas, I was waking up with brown streaks on my clothes and blankets. I would clean it and the next morning it would be even worse," Roy said, quoting Elder during his police interview. "'I didn't eat what was in that poop. It's not my poop. What is going on? Are you literally putting feces on my skin?' I brought it up to her."
Kolchak's report noted how Elder's mental health issues "peaked" at the time of Raymonde's murder, and according to phone messages he reviewed, his mental health deteriorated in May 2021.
"Mr. Elder began to experience more severe symptoms as early as May 2021. He was acting bizarrely, becoming more aggressive and argumentative with his mother, and more withdrawn as time progressed; his food intake decreased, he began to consume more cannabis and cigarettes, which is consistent with his previous episode of acute psychosis," said Roy, quoting Kolchak's report.
The Crown counsel argued that Elder was aware of his actions, mentioning a number of psychologists who interviewed him after the crime who said they did not detect psychotic symptoms.
"Mr. Elder was subsequently seen by Dr. Boston, a psychiatrist, in July 2021, who did not detect psychotic symptoms. Still, he highlighted negative symptoms reported by Mr. Elder's mother, such as chronically poor hygiene and verbal aggression towards his mother as, 'concerning,'" Roy noted.
Crown prosecutor Patrick Weir mentioned another interview with a psychiatrist who interviewed Elder soon after the murder where Kolchak wrote, "Unfortunately he didn't see any symptoms of present or residual psychosis." Weir questioned why Kolchak used the term 'unfortunately' in his report.
"Would it be fair to say it's unfortunate that he didn't detect those symptoms, and therefore that casts some doubt on your opinion that you've given us today?" Weir asked Kolchak.
Kolchak denied the accusation, saying it was unfortunate that Elder was unable to get help as he was "getting more ill."
The cross-examination of Kolchak is expected to come to an end on Friday, Jan 24.
