‘Somewhat defensive’ start as N.S. shooting inquiry begins under heavy criticism

Public hearings into the April 2020 Nova Scotia shooting spree that left 22 people dead got off to a “somewhat defensive” start Tuesday in Halifax.

Former Nova Scotia chief justice Michael MacDonald, who leads the inquiry, spent much of his opening remarks responding to concerns raised by victims’ families who say they’ve been “left in the dark” and that the commission lacks transparency.

“Confidence in our institutions around us has been shaken,” MacDonald said. “We have heard throughout our work concerns about trust – trust in people, community and institutions, and in this commission. Let me allay your concerns.”

3:27 ‘Somewhat defensive’ start as N.S. shooting inquiry begins under heavy criticism

MacDonald went on to address general concerns that the commission may be “susceptible to covering up” for either the RCMP or government and their perceived failings with respect to how they responded to the shooting spree.

“I would never tolerate any attempt by any institution or by any individual to tamper with our independence,” he said. “I am absolutely committed to the independence of this commission, its findings and its recommendations.”

MacDonald’s remarks followed a scathing statement released Tuesday morning by Nova Scotia Premier Tim Houston that echoed many of the concerns raised by victims’ families so far.

Houston said he had real concerns with the commission’s process and wanted to make sure victims’ families and their lawyers would be allowed to participate in the hearings in a meaningful way.

2:12 Hearings into Nova Scotia shooting spree to begin

In a press conference held after MacDonald’s opening remarks, Houston said he raised these concerns with the commission weeks ago, but didn’t receive any assurances that they would be properly addressed.

That’s why he decided to release a public statement in support of victims’ families just prior to the start of the proceedings. He said he felt like he needed to do this because the commission was on the “wrong path” when it comes to working with victims’ families and fulfilling their mandate.

“We must never lose sight of the reason for this public inquiry, to seek answers that lead to change and improve public safety,” Houston said in a news release. The premier said he’s heard that family members feel “left in the dark” and have expressed frustration about the structure of the inquiry.

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“This is not only disrespectful, it should cause us all to pause and ask, if the families don’t have confidence in the process, how can the public?” the premier said.

The commission, meanwhile, expressed disappointment in Houston’s comments.

During a media availability held after MacDonald’s opening remarks, commission spokesperson Barbara McLean seemed taken aback by the fact that Houston felt it was appropriate to comment on what is supposed to be an independent process.

“Frankly we are surprised and disappointed. The mass casualty commission is an independent inquiry and must remain free from interference or external direction,” McLean said.

“Further, we trust that the premier will keep an open mind when recommendations that require provincial implementation to improve public safety and well-being in our neighbourhoods and our communities form part of our final report.”

Sandra McCulloch, one of the lawyers who represents the victims’ families at the commission, said she felt like MacDonald’s opening remarks were responsive to their concerns, but added that they still lacked clarity and offered no real specifics about how the proceedings will work going forward and what level of participation families will be allowed.

She also said MacDonald’s tone seemed “somewhat defensive” following weeks of public and private criticism of the commission’s work.

“It will be difficult for our clients to view the remarks of the commissioners without a degree of skepticism,” McCulloch said. “It’s fair to say that much of what we heard from the commissioners today is fairly consistent with what we’ve heard before.”

Responding to concerns raised by victims’ families, MacDonald said in his opening remarks that the inquiry has investigated the facts of the case and compiled them into lengthy “foundational documents” that the parties to the inquiry — including the families’ lawyers — have had a chance to review and comment on.

He said if the inquiry had instead had all witnesses come forward and be subject to cross-examination by representatives of the 61 participants, it would have led to “potential re-traumatization for the hundreds of witnesses,” and might have caused the inquiry to drag on for five years.

MacDonald also said that when a fact is unclear in the foundational documents, or if a witness might be able to provide more information, the commission will bring them to the inquiry and ask them questions. Lawyers representing participants will be able to cross-examine witnesses if the commission believes it’s appropriate.

MacDonald said lawyers may recommend witnesses be brought forward but added that the commissioners will consider the “restorative”
mandate of the commission in deciding whether to compel a witness to testify.

“We expect that many witnesses who will come before us will be hurting, even broken. This has to be factored in determining when and how a witness will be questioned,” he said.

He noted that the commission has the “mammoth task” of analyzing 17 crime scenes from the rampage and over 40,000 pages of documents.

Commissioner Leanne Fitch, a former Fredericton police chief, said while the commission “may” allow lawyers for participants to question witnesses, it is crucial the commissioners themselves retain control of the process.

“While we always listen with respect and a collaborative spirit, we will not be directed by participants or any other group, and we are creating many opportunities for you to take part,” she said.

Commissioner Kim Stanton said, “the commission is required to act in the public interest, and the public interest does not necessarily mean doing what is popular.”

Before any evidence is presented, there will be a panel discussion on mental health and wellness, which will acknowledge that the multiple murders committed during the shooting spree had a painful ripple effect across Canada.

-With files from The Canadian Press.

Anyone experiencing a mental health crisis is encouraged to use the following resources:

• Mental Health & Addictions Provincial Crisis Line: 1-888-429-8167
• Kids Help Phone: 1-800-668-6868 (toll-free) Available 24/7 or Text CONNECT 686868
• Emergency: 911