TRURO: Families of April 2020’s mass shooting victims are unhappy their lawyers won’t be given an opportunity to cross examine the gunman’s common-law spouse when she takes the stand in mid-July.
The Mass Casualty Commission revealed on Thursday ahead of Canada Day weekend that Lisa Banfield will be questioned only by the commission’s legal team. Lawyers representing relatives of the 22 people killed and lawyers for other participants in the public inquiry can provide questions in advance and during two breaks on the single day she testifies before she is excused as a witness.
Patterson Law, which is representing most of the families in the proceedings, said it’s “deeply discouraged” by the decision “to deny our clients a meaningful opportunity” to question Banfield.
“The commissioners have acknowledged the importance of Ms. Banfield’s evidence and the necessity of her being questioned by counsel, but only if questioning is conducted by commission counsel,” Patterson’s legal team said in a statement. “To the extent that there is any articulable reason for excluding participant counsel from questioning, it has not been shared with us.”
The law firm said its clients “are not confident that commission counsel will elicit all relevant evidence” from Banfield, adding that the decision “has significantly undermined the legitimacy of the process and our clients’ confidence in the commissioners’ independence.”
In a briefing with reporters Thursday morning, the inquiry’s senior lawyer said the commission determined the method of questioning was the best way to get information.
“The commission has heard from many different witnesses in many different ways and something we always think about is what is the best way to get information from people that helps us do our work,” Emily Hill said.
Hill said that Banfield “is in a unique position” as a witness to the facts of what happened on April 18, 2020, as well as a survivor of long-time violence at the hands of the perpetrator and the first survivor of the mass casualty.
Banfield was with the gunman for 19 years, a relationship she described to RCMP officers as abusive and volatile.
She agreed to testify after a criminal charge she unlawfully supplied ammunition to the shooter was dropped in March when it was referred to the province’s restorative justice program.
Since then, she’s participated in five interviews with the commission and voluntarily shared evidence key to the inquiry’s independent investigation into the rampage by her spouse, who was disguised as a Mountie and driving a replica police cruiser.
The commission said the interviews provide a large amount of information on a wide variety of subjects, including the violence, coercion and control she experienced during her long relationship with the perpetrator and her experiences as the first target of his violence on April 18, 2020. “However, we are of the view that, given her unique situation as both a factual witness to the events and as one of those most affected, it is necessary to hear from her directly in proceedings,” the commission said in a statement announcing Banfield would testify.
Banfield is scheduled to appear on July 15 and might be joined by support people.
Asked by reporters whether one day would be enough, Hill said the commission already has received a great deal of information from her, including interviews with the RCMP and the commission.
The interviews will be shared as source material during the week of her testimony, Hill said.
The day of testimony might stretch long, she said. “We will sit for as long as we need to get the answers from Ms. Banfield.”