The Rodgers Brief

The final day of proceedings prior to the second anniversary of the tragic deaths featured joint testimony from the two officers who shot and killed Gabriel Wortman. They described their actions overnight and into the morning, why they went to the Big Stop, and their developing knowledge base throughout the ordeal. They answered questions well, giving thorough and coherent accounts of what took pl...

Today’s proceedings involved Foundational Document presentations about the death of Gina Goulet at her home on Highway 224, and then the final moments of the killer’s life when he was shot and killed by Cst. Craig Hubley and Cst. Ben MacLeod at the Irving Big Stop in Enfield. There was also witness testimony from NS Chief Medical Examiner, Dr. Matthew Bowes, addressing both the post-mortem on Gabr...

I attended the MCC proceedings in person for the first time, and heard the Foundational Document presentations on the police shootings of the Onslow Belmont Fire Hall and the subsequent events in the Shubenacadie area. Those later events included the deaths of Cst. Heidi Stevenson, and Joey Webber. There was also a witness panel from the Fire Hall, which featured Chief Greg Muise, Deputy Chief Dar...

Heather O'Brien's death was described by MCC lawyer Roger Burrill in yesterday's Foundational Document presentation. Very important details, however, were omitted, and these were described by Ms. O'Brien's daughter, Darcy Dobson, in a Facebook post yesterday evening. Included in the post was the FitBit data from Ms. O'Brien from April 19, 2020, which showed she had a heart beat until approximately...

The Mass Casualty Commission proceedings today included two presentations on Foundational Documents by Commission lawyer, Roger Burrill. These presentations revealed several missed opportunities to stop the killer, a terrifying (seemingly impromptu) visit, and two tragic deaths. After killing Lillian Campbell while she was out walking, the killer proceeded south on Highway 4, which would have even...

The Mass Casualty Commission started Day 10 of proceedings with a witness who was able to provide evidence regarding an access road between Cobequid Court, at the lower end of the Portapique subdivision, and then there were two further presentations of Foundational Documents by Commission lawyer, Roger Burrill. These presentations covered the three killings on Hunter Road, and the death of Lillian...

Today was a significant day at the Mass Casualty Commission, as it featured the first substantive witnesses, testified together in the unusual structure of a witness panel. It also featured our first look at how the Commissioners will address the issue of participants’ ability to cross-examine witnesses.  The panel of witnesses included the three RCMP officers who initially responded to the o...

This week saw the final two days of evidentiary proceedings in the Desmond Fatality Inquiry, bringing to a partial close a process which opened May 21, 2019, and where hearings began in earnest in January, 2020. The stark contrasts between how the Desmond Inquiry has unfolded, and how the Mass Casualty Commission proceedings have started, brought me back to the opening remarks of Desmond Inquiry p...

As we listened to the Mass Casualty Commission lawyers present their version of key early events through audio/visual PowerPoint presentations, and read through what they call Foundational Documents, something has been missing. The question of motive, or any evidence that might reveal potential motives, has not been interwoven with Commission lawyers’ attempts at factual narratives. This is notabl...

There were three important happenings today relating to the Mass Casualty Commission. Two of the three took place within the Commission proceedings, while the third occurred across the harbour in the Dartmouth Provincial Court.  In Dartmouth this morning, Crown Prosecutors advised the Court that they were referring Lisa Banfield’s criminal charges to restorative justice. She had been schedule...

There were less than two hours of proceedings on Day 7 of the Mass Casualty Commission. The process that was cut short by the winter weather last Thursday continued this morning, whereby lawyers for the various participants argued over whether, and if so when, certain officers might give testimony in the MCC.  Today was dedicated mainly to discussing RCMP supervisors, including Staff Sergeant...

We are now six days into the Mass Casualty Commission proceedings, and frustration is brewing. So far, the process designed by the Commissioners seems intended to sap as much dramatic interest as possible from the proceedings, as though that were synonymous with being “trauma-informed”. Witness statements and officer notes have been published in full, parties have been forced to beg for witnesses,...

Today was occupied by requests from participants to have 18 various non-commissioned police officers brought before the MCC to provide testimony. This is a continuation, in a way, from yesterday’s proceedings, where parties were making similar requests regarding various civilian witnesses. As I noted yesterday, this entire procedure is unusual, whereby the default position adopted by the MCC seems...

Today represented the first opportunity at the Mass Casualty Commission for the non-Commission participants to be heard in a substantive manner. After four days of sitting and listening, the Commission finally allowed the participants to make submissions regarding any gaps they feel may be relevant with respect to the factual record, and any recommendations they may have for further witnesses and...

The morning was occupied by a presentation by the commander of the Operational Communications Centre, Daryl Macdonald. Mr. Macdonald may technically be considered a witness of the MCC, but the evidence unfolded as a pre-scripted discussion between Commission counsel Jennifer Cox Q.C. (formerly of Dalhousie Legal Aid) and Mr. Macdonald. He talked about how the 911 system works in Nova Scotia. His t...

Today was the first day that the Mass Casualty Commission really engaged with the evidence that has been gathered regarding the tragic killings of April 18 - 19, 2020. Commission Counsel, senior legal aid lawyer, Roger Burrill, presented from the “Portapique April 18-19, 2020” Foundational Document. This is a 91-page summary prepared by the Commission that covers the first hour or so of the killin...

The second day of the Mass Casualty Commission proceedings consisted of two presentations. One was a panel on rural living, and the other was a presentation from one of the lawyers for the Commission on policing in Nova Scotia. Outside of the Commission proceedings, we have also heard from the lawyer for the gunman’s spouse, Lisa Banfield, on his advice to her about cooperation with the MCC. &nbsp...

After months of delay, the Mass Casualty Commission (MCC) has begun their public proceedings. The Commissioners and parties were in Halifax at the new Convention Centre, while many family members watched from a viewing site in Truro. I was watching the livestream, which features closed captioning and French-English translation services.  It was not a full day. There was about two and a half h...

The Mass Casualty Commission begins their proceedings tomorrow morning at 9:30 a.m. I will be watching the livestream and giving some live commentary on twitter (@adamrodgersNS) as things unfold. I will be very interested to watch the opening statement from the Commissioners, to see how, or indeed whether, they address any of the controversy that has been circulating in the media over the past few...

We are less than two weeks away from the start of the “public proceedings” portion of the Mass Casualty Commission, and there is still confusion and uncertainty as to what those proceedings will involve. This week, we have heard from a daughter of one of the victims, who still does not know whether she will be testifying, or whether her lawyer will be able to question witnesses. There are two line...

A CTV news report from earlier this week revealed that the legislation designed to keep police clothing and gear out of the hands of criminals has not yet been enacted. The Police Identity Management Act was drafted in response to the Nova Scotia mass casualty of April 18-19, 2020, where the killer was disguised as a police officer, and driving a replica RCMP car. I have reviewed the legislation,...

The Mass Casualty Commission has issued an update today, January 31, 2022. In the update, they discuss the upcoming proceedings, the role of Participants, forthcoming reports, and unspecified alternate forms of public engagement. In my view, the real purpose of the update, however, was to manage (that is, lower) expectations as to what take place during the Proceedings. The main section of the rel...

There are seven sections in the matching Federal and Provincial Orders in Council which established the Mass Casualty Commission and gave it a mandate. The Orders set out a list of issues to be explored, set deadlines, give the Commissioners power to enact procedures, and they also give direction that the whole enterprise be “guided by restorative principles in order to do no further harm, be trau...

Patterson Law, the firm representing many of the families who lost loved ones during the shootings of April 18-19, 2020, has issued a statement calling for the Mass Casualty Commission to commit to a start date, and suggesting as well that there is a lack of clarity as to how the MCC hearings will operate. Most significantly, these lawyers, who are the main non-governmental participants, still do...

In criminal investigations and trials, it is not uncommon to see the involvement of confidential informants or police agents. Confidential informants, in particular, are commonly used as sources of information that can lead to search warrants being obtained by police for drug trafficking allegations. Police agents are most commonly used in organized crime investigations.  Though any linkage h...