Lawyers representing more than half of the people killed in the April 2020 mass shooting in Nova Scotia say they are boycotting four days of public inquiry proceedings in response to a ruling that three key Mounties will not have to testify in person.
Rob Pineo, a lawyer with Patterson Law, said that his clients asked their legal team not to attend Mass Casualty Commission hearings for the rest of this week and the two days of hearings scheduled for next week. His firm represents families of 14 people that were killed and several other individuals who have been deeply affected by the shooting rampage that left 22 people dead in April of 2020.
“Our clients are disheartened and further traumatized by the commissioners’ decision not to allow their own lawyers to be present and participate in the questioning of whom they view to be amongst the most crucial RCMP ‘in command’ members, Staff Sgt. Brian Rehill and Sgt. Andy O’Brien,” Pineo’s statement said.
The statement went on to say 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 killed, told CBC News her clients are “deeply disappointed” and she will also be boycotting the proceedings.
She said she doesn’t oppose all the accommodations, but it’s a problem that lawyers for participants will not be allowed to personally cross examine Rehill and O’Brien.
Families “have been waiting for a very long time to hear questions in their own words, or their counsel’s words, answered by these key decision makers,” said Miller.
2 Mounties coordinated early response
The National Police Federation and Canada’s attorney general had requested that O’Brien and Rehill provide their evidence by sworn affidavit, and that Staff Sgt. Al Carroll testify in person but only have commission counsel ask questions.
Rehill was the risk manager working out of the RCMP’s Operational Communications Center when the first 911 calls came in from Portapique, NS In addition to monitoring those calls and overseeing the dispatchers, he made the very first decisions on setting up containment and where the first responding officers should go.
O’Brien was the operations non-commissioned officer for Colchester County at the time, meaning he was in charge of the daily operations of the Bible Hill RCMP detachment. On April 18, he helped co-ordinate the early response from home and communicated with officers on the ground.
Commission granted accommodations
The Mass Casualty Commission leading the inquiry released its response to these requests on Tuesday, ruling that Rehill and O’Brien will testify via pre-recorded video interviews on May 30 and 31.
Only lawyers for the commission, or the commissioners themselves, will ask the officers direct questions. Lawyers for the victims’ families can submit questions.
The commissioners, lawyers for the commission and for participants, as well as members of the media, can attend. The sessions will be recorded and later shared with the public.
Carroll will testify live on Thursday via Zoom, and can be questioned by all lawyers.
The commission’s decision said it took into account the officers’ health information, which is private, and “settled on what we believe is the appropriate balance that allows the public to hear and understand this evidence in a meaningful way while minimizing potential harm to the witnesses .”
Commissioners decide on accommodations
Chief commissioner Michael MacDonald did not acknowledge the boycott in his opening remarks at the hearings Wednesday morning, but he said the purpose of accommodations is to allow the commission to hear from people with “wellness concerns or privacy issues.”
He said the pre-recorded testimony will allow the inquiry “to get the best evidence while giving us the flexibility to provide ample breaks and the availability of supports.”
The inquiry’s rules state that anyone who is subpoenaed as a witness may submit a request for things such as additional breaks, having a support person with them or submitting an affidavit instead of a live testimony.
MacDonald said it’s up to the commissioners to decide whether to grant a request and to what extent.
“Accommodations are designed to help the commission in the public interest gather and hear critical information. Accommodations are not designed to get in the way of that,” he said, adding that lawyers for participants will still be able to ask witnesses questions, unless there is “a compelling reason to take a different approach.”
Hearings in Truro for first time
Three other witnesses also requested accommodations. The commissioners denied one of the requests and decided to allow two witnesses to testify as a panel. The decision did not disclose the names of these witnesses.
Another Mountie, Staff Sgt. Bruce Briers, who was risk manager at RCMP dispatch center morning of April 19, is testifying in person in Truro, the first day hearings are being held in Colchester County.
Miller said many families had planned to attend the proceedings in Truro 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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