The Rodgers Brief

In Part 1 of The Rodgers Brief Report on the April 18-19, 2020 Nova Scotia Mass Shooting and the Commission of Inquiry That Followed, I review what we know about the killer, from his abusive upbringing, to his criminal and violent past, and his wealth accumulation. I discuss some of the psychological evidence raised in the MCC, and some from other sources.

In this podcast, I begin something of an audiobook version of my report on the events of April 18-19, 2020 in Portapique and other areas of central Nova Scotia, and the Mass Casualty Commission that followed. 'Deficits of Trust' is available as an e-book through these retailers;   Smashwords - https://www.smashwords.com/profile/view/ARodg19 Apple Books - https://books.apple.com/.../deficits-o...

This week, I provide a legal analysis of the appearances of federal cabinet ministers and the Prime Minister at the Emergencies Act Inquiry. The participants had been trying all week to figure out the legal advice the government had been given about the EA, but all cabinet ministers, including the Justice Minister, had refused to say what that advice had been, citing solicitor-client privilege. In...

This week, I discuss some reconciliation videos being filmed, including one I did with Chief Stephen Augustine on the legacy of Donald Marshall Jr., the most impactful individual litigant in Canadian history, in my view. In the news this week, the NS Mass Casualty Commission continues to release new information, even though proceedings have concluded. This week featured a memo regarding the Onslow...

This week in Canadian law, the Emergencies Act Inquiry looked at the protests that were taking place at the Ambassador Bridge in Windsor, ON, as well as those at Coutts, Alta. In both cases, evidence presented seems to show that both protests were disruptive, but that the Emergencies Act was not necessary to deal with them. Also during the Inquiry, one of the lawyers collapsed in the middle of que...

This week on the Rodgers Brief, I analyze the major law-related news stories of the week. The main topics this episode are;  1. The Emergency Act Inquiry in Ottawa. This week the protest 'leaders' take the stand, seemingly to show themselves as disorganized and non-violent.  2. The Ontario government has announced that it will use the Notwithstanding Clause in the Charter of Rights and F...

This week I analyze the proceedings of the Emergency Act Inquiry (including Premier Ford's invocation of parliamentary privilege in refusing to testify), the Canadian Civil Liberties Association victory over NS Public Health at the NS Court of Appeal re: an injunction against protesting the Covid-19 restrictions, a BC Supreme Court case on mandatory vaccine policies in non-union workplaces (the fi...

Welcome to the new version of The Rodgers Brief. Instead of daily analysis of the NS Mass Casualty Commission, I will be doing weekly summaries of news stories with legal angles which are either underappreciated or which I think you will find interesting.  This week, I examine; 1. Week 1 of the Emergencies Act Inquiry 2. Hockey Canada and the issue of non-disclosure agreements in sexual assau...

There were four presentations today, the final day of proceedings in the Mass Casualty Commission, followed by closing remarks from the three Commissioners.  Ben Perryman from the BC Civil Liberties Association gave a clear and insightful closing, identifying the failures of policing, the hostile stance towards the inquiry taken by the RCMP, and the lack of oversight currently available for c...

The second last day of proceedings from the Mass Casualty Commission featured closing submissions and recommendations from Lisa Banfield's lawyer Jessica Zita, as well as those from LEAF/Avalon Sexual Assault Centre, Feminists Against Femicide, the RCMP Veterans Association of NS, the Truro Police, as well as firearms advocacy and opposition groups. Ms. Zita spoke about how Ms. Banfield (who, it a...

There were four closing submission presentations today, by lawyers representing the brother of Scott MacLeod, the Gina Goulet family, the Oliver/Tuck family, and a lawyer representing Women's Shelter Canada, Transition House of NS, and Be the Peace Institute. The lawyer for Lisa Banfield was scheduled to speak, but had travel delays coming from Toronto, and will instead by speaking at 9am tomorrow...

The final week of the Mass Casualty Commission proceedings will be used to hear closing submissions by the participants. After so many days of proceedings, with such a large volume of evidence, closing submissions are an opportunity for the parties to give their perspective on what has been heard, and to make recommendations.  Notably, there is one participant that will not be making closing...

On the final day of hearings before the parties make closing submissions next week, the Mass Casualty Commission had a half day of proceedings featuring speakers from the BC Civil Liberties Association, the East Coast Prison Justice Society, and the NS Department of Justice. That was followed  by a presentation by the Avalon Sexual Assault Centre on their findings from meetings held with marg...

The Mass Casualty Commission held its final research and policy roundtable today. This one was focused on civilian oversight advice for the Commissioners, and featured 19 speakers, in addition to the moderator.  The biggest news of the day may have been the sudden announcement that Frank Magazine was not going to be publishing any more issues. Frank has been a unique and important source of i...

The Mass Casualty Commission hosted two talking circles today, featuring indigenous persons from across Nova Scotia. The participants discussed their experiences of the morning of April 19, 2020, their views on the institutions serving Nova Scotians, and their views on policing. An interesting comparison was made with the lack of a trusting relationship between the police and indigenous communitie...

The second in command RCMP officer in Canada, Dep. Commissioner Brian Brennan, testified today at the Mass Casualty Commission. He discussed the relationship between the NS RCMP and the national leadership, the difficulties being experienced by the top RCMP officers in NS, and operational issues like emergency alerts and decommissioned vehicle sales. DC Brennan also mentioned the lessons he felt w...

The Mass Casualty Commission hosted a 'roundtable discussion' today on the structure of policing in NS. There were 20 participants, which made it difficult for any real discussion to take place. Rather, there was a series of vignettes from each participant. None of the lawyers for the parties were permitted to ask questions.  The three main points from today's proceedings were that the Provin...

There was an interesting discussion of a potential new model of policing today at the Mass Casualty Commission. Unfortunately, that discussion was mostly hidden among long, academic discussions that purposefully avoided discussing the events of the April 18-19, 2020.  The new kind of policing is meant to take a broader look at community safety and wellness, rather than a narrow focus on such...

The MCC heard from Cst. Greg Wiley, who was the officer who knew Gabriel Wortman as a community contact, and had approximately 15 interactions with him in the years before the mass shooting. Cst. Wiley was granted the most unusual of accommodations by the MCC, so that the video or audio from his testimony cannot be broadcast, under threat of criminal sanction should the order be violated. Cst. Wil...

In another late Friday afternoon news release, the MCC has issued a decision to ban the publication of any audio or video of Cst. Greg Wiley's testimony on Tuesday. Cst. Wiley is a key witness, having visited Gabriel Wortman 16 times over the course of a few years. This decision is unsupported by any publicly available evidence.  The Commissioners have threatened to have anyone who violates t...

The second day of phase three of the Mass Casualty Commission proceedings featured presentations and discussions on how gender based violence can be addressed. I discuss how it may not be through the MCC that such issues are best addressed, as it has not yet been compellingly argued that domestic violence is the best lens through which to assess what happened.  The RCMP 'psychological autopsy...

The Mass Casualty Commission started Phase 3 of their work, which is to be focused on parsing through potential recommendations from participants, and determining which might form part of the final report. That report, which was expected to be delivered November 1st, is going to be five months late, after the MCC received permission from the Provincial and Federal governments to do so. I discuss t...

The Mass Casualty Commission heard today from Halifax Regional Police Chief Dan Kinsella today. Chief Kinsella was brought in to discuss the HRP role in the events of April 18-19, 2020, as well as the structure of policing in Nova Scotia. HRP and the RCMP each cover different areas of Halifax Regional Municipality, and so confront issues of interoperability on a regular basis.  There are two...

In my piece yesterday, I noted how Comm. Lucki was able to answer questions at length, and with reference to specific details, in contrast to the answers of the RCMP’s NS Commanding Officer Lee Bergerman. Today we saw a different version of that kind of answer from Comm. Lucki. She was still answering at length, but was more often unable to provide details on elements of the RCMP operations, which...

The MCC proceedings continued to focus today on the leadership of the RCMP, featuring continuing testimony from the now-retired former Commanding Officer for the RCMP in Nova Scotia, Lee Bergerman, and the current national Commissioner of the RCMP, Brenda Lucki. The contrast in leadership style and competence between the two was on stark display, and it was not a contrast that favoured Ms. Bergerm...