Justice Jean-Paul Braun, the Crown prosecutor in the case, and Bain himself all said they believe a psychiatric evaluation presented to the court indicates Bain is fit to stand trial.
But Bain's lawyer, Elfriede Duclervil, has asked to question psychiatrist Chantal Bouchard, who prepared the evaluation.
Court proceedings have been delayed for a third time because Bouchard is at home sick.
The contents of the psychiatric report have not been released to the public.
But today Duclervil told the court that the psychiatrist was unable to make a determination on one of the five points needed to evaluate Bain's mental state.
The details of those points are unknown.
In court today, Justice Braun read from the report.
"Mr. Bain systematically refused to answer my questions regarding the alleged facts," he said, quoting the psychiatrist's findings.
The key point, as far as the lawyers are concerned, is whether Bain deliberately chose to not reveal information, or whether there is an underlying psychosis that prevented him from doing so.
"My concern … [is the psychiatrist] did not conclude whether the accused was fit or unfit, because she was unable to evaluate certain criteria," Duclervil said.
Braun said, however, that Bain is a person who is presumed to be capable and fit to communicate.
"For me, there is a difference between being capable of communicating and being willing to communicate," he said.
As counsel discussed those details, Bain spoke up.
He said he was only following his attorney's advice to remain silent when he refused to speak with the psychiatrist.
On two different occasions, Bain has spoken with media at length, against his attorney's wishes.
Election night shooting
Stagehand Denis Blanchette was killed and another worker was wounded in the attack outside the Metropolis theatre, a downtown Montreal club, where the Parti Québecois was celebrating its election victory last September.
Bain faces 16 charges, including first-degree murder, attempted murder, arson and weapons violations.
Premier Pauline Marois, who was on stage when the attack occurred nearby, has said she believes the shooting was an attempt on her life.
The next hearing has been scheduled for Jan. 21 at 2 p.m.Suggest a correction