HALIFAX: The commission tasked with overseeing the public inquiry into April 2020’s mass shooting is struggling to establish credibility as family members of those who lost their lives and others most affected by the tragedy complain they’re being left in the dark.
Some family members shared their frustration publicly last week, leading Premier Tim Houston and Central Nova MP Sean Fraser to issue statements criticizing the process on the very morning public proceedings began after a more than year-long investigation behind closed doors.
The Mass Casualty Commission wasn’t pleased to see the premier weigh in on its work.
“Frankly, we are surprised and disappointed,” Barbara McLean, a 30-year veteran of the Toronto Police Service who was tapped to lead the inquiry’s investigations team, told reporters after the first day of hearings. “The Mass Casualty Commission is an independent inquiry and must remain free from interference or external direction.”
The Antigonish native added she hopes the premier will “keep an open mind” when the commission concludes in November with a list of ways to improve public safety, recommendations that will require implementation by the province.
McLean added that the inquiry must remain free from government interference and operate independently from each of the 61 individuals and groups that were granted participant status because of their direct interest in the of the commission’s work.
The participants include the survivors and family members of those killed by the gunman disguised as a Mountie, as well as the RCMP, which was blasted for failing to alert the public about the rampage, and Onslow Belmont volunteer firefighters who were shot at in their fire hall by RCMP outside in the confusion, and others.
The participants have divergent views, McLean said. “The commission must remain responsive but independent.”
Emily Hill, the commission’s senior lawyer, said family members and other participants have had a chance, through their lawyers, to review thousands of documents and to give feedback on reports that will be presented publicly for the first time in the coming weeks.
But she acknowledged that might not be enough and an invitation has been sent to set up a meeting with family members.
“It does seem like it might be useful to meet with participants directly, rather than always going through their lawyers,” said Hill, a lawyer with Aboriginal Legal Services in Ontario before joining the commission. “We want to make sure we have the opportunity to clear up any miscommunication that may exist.”
The public inquiry, funded by the federal and provincial governments, is more than halfway through its mandate and only last week started going public with its findings with a schedule of Monday to Thursday hearings that are expected to last into the fall.
Hill said so much was done out of the public eye to ensure all participants, including family members and first responders, had a chance to weigh in with feedback on the findings and fully participate in the investigation.
Asked about the high cost – at more than $13 million and climbing – Hill said the large number of participants is a factor, as well as having to meet the needs of two mandates, one from the province and the other from Ottawa.
“Looking at other inquiries, it’s often apples and oranges,” she said.
She said the Goudge Inquiry into how Ontario’s forensic pathology labs handled criminally suspicious deaths involving children and a long-term care inquiry have similarities to the Mass Casualty Commission.
The first week’s two days of hearings were aimed at setting the stage for the commission’s work.
Starting Monday, the proceedings will begin hearing evidence about the events of April 18 and 19, 2020 when the gunman driving a mock RCMP cruiser went on a shooting and arson rampage in Portapique and surrounding communities.
“I’m going to be real here,” said McLean. “The information we are going to start sharing… is disturbing. It’s awful.”
Each Friday, the commission will be providing a schedule of witnesses to be called the following week.
So far, the gunman’s common-law spouse, Lisa Banfield, hasn’t participated in the proceedings and isn’t yet on the witness list. While she is a participant, a criminal case against her over allegations she provided her spouse with ammunition is keeping her from participating until she gets a verdict, which isn’t likely before April.
The commission confirmed senior RCMP officers will be among those called as witnesses.
The RCMP said it’s been cooperating fully with the independent inquiry.
“What took place in Northeast Nova Scotia was unprecedented and has forever affected victims’ families foremost, but also RCMP employees, community members and all Nova Scotians,” the RCMP said in a statement. “We owe it to the memory of those we lost to learn as much as we can from the unprecedented incidents.”
Not all witnesses who have helped in the investigation will be called. Instead, the commission will rely on the “foundational documents” created from 40,000 pages of evidence, 230 video and audio files, site visits and witness interviews.
“This inquiry could drift and drag on for years if we were to call all the witnesses involved in this,” the chairman of the commission, retired Nova Scotia chief justice Michael MacDonald, said during hearings last week. “Too often, I have seen the emotional toll of processes that can go on and on, lives waiting in the balance. This process cannot drag on for five years.”