A proposed class-action lawsuit has been filed against the Nova Scotia RCMP, claiming the force “breached the standard of care expected of them” during the mass shooting in mid-April, and acted in a “high-handed, self-serving and disrespectful manner” in its aftermath.
The lawsuit criticizes the RCMP’s communication with the families and public, during and after the shooting, staffing levels and how it handled evidence, among other areas of concern.
Twenty-two people were killed by a gunman dressed as an RCMP officer, at times driving a replica police cruiser, during a rampage that started in Portapique on April 18 and ended more than 13 hours later in Enfield.
Tyler Blair and Andrew O’Brien are proposed representative plaintiffs of the lawsuit, filed in Nova Scotia Supreme Court by Sandra McCulloch, a lawyer with Patterson Law in Truro, on Tuesday.
Blair’s father, Greg, and stepmother, Jamie, were killed in their home in Portapique on April 18. O’Brien’s wife, Heather, was shot in her car in Masstown the next day.
Blair and O’Brien say those killed by the gunman “were vulnerable members of society who relied exclusively” on the RCMP for its services.
But the statement of claim says the RCMP failed to investigate reports of the gunman and his possession of illegal weapons, violence toward women and threats to harm police prior to his rampage.
Former Portapique resident Brenda Forbes said seven years ago she warned RCMP that her neighbour was a dangerous man. According to Forbes, she reported the gunman for domestic abuse and illegal weapons, but was eventually turned away as she wasn’t a first-hand witness and didn't have photo evidence.
Two years prior, an officer safety bulletin about the gunman was distributed to police agencies across Nova Scotia by the Truro Police Service. The bulletin, warning agencies the gunman “had a stash of guns and said he wanted to kill a cop,” had been purged from the system.
RCMP's response to mass shooting
The lawsuit also criticizes how the RCMP responded to the killing spree.
“The RCMP sent too few members to Portapique to adequately respond to the crimes being committed there by (the gunman),” it says.
It also criticizes the RCMP for sending information on Twitter rather than an emergency alert as the situation unfolded, claiming the population affected was older and less likely to use Twitter, the internet coverage in the area was inadequate and the information on Twitter was “incorrect or insufficient.”
Failing to secure a perimeter to stop the gunman from leaving the Portapique area, set up roadblocks in northern Colchester County or accept assistance from the Truro Police Service are among other items listed as how the RCMP “breached the standard of care expected of them.”
The lawsuit says the province, also named as a defendant in the case, breached its duties owed to the class members by failing to have in place policies and operational requirements for the investigation of illegal weapons complaints and domestic violence, or to adequately populate and provide resources to the RCMP in Colchester and Hants counties.
It also alleges the province “failed to properly oversee, audit, inspect and qualify the provincial police force.”
Blair and O’Brien claim the RCMP not only mishandled incidents on April 18 and 19, but also in their aftermath.
“(The RCMP) released the automobile of a deceased family member to a class member after the investigation with gun casings and body parts still in the automobile,” the document claims.
“The class member was required to clean the automobiles themselves.”
The lawsuit also claims the RCMP refused to provide information to the victims' families regarding family members’ deaths, allowed photographs or videos of the victims to be made public on social media before families were informed and misled victims’ families about the requirements to keep the mobile phones of the victims.
The allegations made in the statement of claim have not been proven in court.
Calls for public inquiry
The Nova Scotia RCMP and the province's attorney general declined to comment on the class-action lawsuit.
"Our primary focus continues to be the ongoing criminal investigation, and supporting the victims of this tragedy as well as our members and employees," the RCMP said in an emailed statement.
There have been growing calls for a public inquiry into the mass shooting, but one has yet to be called.
“We’re ready to go have a look at what happened on that particular day, which would include the involvement of the RCMP, other agencies, what happened and transpired to answer the questions for Nova Scotians,” Premier Stephen McNeil said at a news conference on Thursday.
Justice Minister Mark Furey has been meeting with federal Justice Minister Bill Blair about a public inquiry, McNeil said, adding many questions “will be part of that inquiry, that review, and we look forward to it happening.”
On June 4, Furey said the province and federal government had agreed on a review or inquiry and that details would be announced last week. As of Wednesday, no announcement has been made on a public inquiry or review.
