Lawyers representing more than half of those killed in the April 2020 massacre in Nova Scotia say they are boycotting four days of public inquiry proceedings in response to a ruling that three key people will not have to declare in person.
Rob Pineo, a Patterson Law attorney, said his clients asked his legal team not to attend the Mass Accident Commission hearings for the rest of this week and the two-day hearings scheduled for next week. His signature represents the families of 14 people who died and several others who have been deeply affected by the shooting that left 22 people dead in April 2020.
“Our clients are further discouraged and traumatized by the commissioners’ decision not to allow their own lawyers to be present and participate in the interrogation of those they consider to be among the most crucial” in command “members of the RCMP. , Sergeant Brian Rehill and Sgt. Andy O’Brien, “Pineo said in a statement.
The statement went on to say that the group wants to send a “clear message that they will not be associated with this restricted fact-finding process for such critical evidence.”
Tara Miller, who represents relatives of Aaron Tuck and Kristen Beaton, who was pregnant when she was murdered, told CBC News that her clients are “deeply disappointed” and will also boycott the procedure.
He said he is not opposed to all accommodations, but it is a problem that attorneys’ attorneys are unable to personally question Rehill and O’Brien.
Families “have been waiting for a long time to hear questions in their own words, or the words of their lawyer, answered by these key decision makers,” Miller said.
2 teams coordinated the early response
The National Police Federation and the Attorney General of Canada had requested that O’Brien and Rehill provide their evidence by affidavit, and that the staff sergeant. Al Carroll testifies in person, but only asks questions to the commission’s lawyer.
Rehill was the risk manager working at the RCMP Operational Communications Center when the first 911 calls arrived from Portapique, NS. In addition to overseeing these calls and overseeing dispatchers, he made the first decisions about the containment setup and where he first responded. agents should go.
O’Brien was the Colchester County NCO of Operations at the time, and was in charge of the day-to-day operations of the Bible Hill RCMP Detachment. On April 18, he helped coordinate the early response from home and communicated with field agents.
Accommodation granted by the Commission
The Commission of Massive Victims leading the investigation released its response to those requests on Tuesday, ruling that Rehill and O’Brien will testify in pre-recorded video interviews on May 30 and 31.
Only the commission’s lawyers, or the commissioners themselves, will ask direct questions to the officers. Lawyers for the victims’ families can ask questions.
It can be attended by commissioners, committee and participants’ lawyers, as well as members of the media. The sessions will be recorded and later shared with the public.
Commission lawyer Roger Burrill, left, asks Jeff West and Kevin Surette, right, retired RCMP sergeants who were commanders of critical incidents as they testify about the command post, the operational communications center and command decisions on May 18th. testify live in person. (Andrew Vaughan / Canadian Press)
Carroll will testify live on Thursday via Zoom and may be questioned by all attorneys.
The commission’s decision said it took into account the agents ’health information, which is private, and“ what we believe is the right balance was established to allow the public to hear and understand these tests in a meaningful way. while minimizing potential damage to witnesses. “
The commissioners decide the accommodations
Chief Commissioner Michael MacDonald did not acknowledge the boycott in his opening remarks at hearings on Wednesday morning, but said the purpose of the accommodation was to allow the commission to listen to people with “welfare concerns or problems of privacy “.
He said the pre-recorded testimony will allow the research to “get the best evidence while giving us the flexibility to offer great breaks and the availability of supports.”
The rules of the investigation state that any person cited as a witness may file an application for things such as additional breaks, have a support person with them, or file an affidavit instead of a live witness.
Michael MacDonald, President, flanked by fellow commissioners Leanne Fitch, left, and Kim Stanton, in the investigation procedure on March 9, 2022. (Andrew Vaughan / Canadian Press)
MacDonald said it is up to commissioners to decide whether and to what extent to grant an application.
“The accommodations are designed to help the public interest commission gather and hear critical information. The accommodations are not designed to prevent this,” he said, adding that attorneys’ attorneys will still be able to ask questions of witnesses, except that there is “a compelling reason to take a different approach.”
Truro hearings for the first time
Three other witnesses also asked for accommodation. The commissioners denied one of the petitions and decided to allow two witnesses to testify in court. The decision did not reveal the names of these witnesses.
Another montage, Sergeant. Bruce Briers, who was a risk manager at the RCMP dispatch center on the morning of April 19, is testifying in person at Truro, the first day of hearings in Colchester County.
Miller said many families had planned to attend Truro’s proceedings in person, not only because of the location but because of the roles Rehill and O’Brien played in the early hours of the police response.
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