Nova Scotians are owed a full-scale provincial public inquiry into the deadliest mass shooting in Canada’s history and the province needs to commit to one, says a Halifax privacy lawyer.
“It doesn’t have to be called tomorrow, certainly if there is an ongoing RCMP investigation, that has to run its course, but all Nova Scotians need right now is a commitment to a public inquiry,” said David Fraser.
Premier Stephen McNeil and Justice Minister Mark Furey have maintained a review of the tragedy should be led by Ottawa, with the province providing support and assistance.
Furey said on June 4 that the province and federal government had agreed on some kind of review or inquiry into the shooting rampage in April that claimed 22 lives. Furey also said then that the details of what the review would look like would be announced last week.
No announcement was made last week, nor did the province release any additional details about what the proposed joint review might examine.
That’s unacceptable nearly two months after the tragedy, said Fraser.
“My number one fear is that there won’t be a public inquiry at all,” said the lawyer. “We’ll be told that some sort of blue-ribbon secret panel is going to be producing a report to the justice minister that’s not going to be public.”
He argued the province should be calling the inquiry given so many issues relevant to the case fall under its jurisdiction. That includes policing in the province. The inquiry should include an examination into whether the RCMP should continue to be the provincial police force, said Fraser. He said the probe should inquire into an array of detailed and specific issues related to the shooting case itself but also examine broader and more systemic concerns, such as domestic violence.
He joins a growing number of Nova Scotians asking the province to commit to an independent inquiry into the tragedy, including opposition party leaders and more than 30 Dalhousie University law professors.
Last month 33 law school faculty members signed a letter to the province asking for an exhaustive inquiry. The group led by Professors Richard Devlin and Elaine Craig are calling for a critical review of the procedures and decisions employed by RCMP during the shootings, but also in the months and years before the tragedy.
They also want the inquiry to drill into broader social and legal issues that potentially contributed to the unprecedented event.
Edward Gores, a justice department lawyer, replied to the professors in a letter last week thanking them for their input, but offered a vague response.
“Please be advised that the provincial and federal governments continue to discuss how best to review and inquire into these important matters," stated the letter.
"A critical review of the policies, procedures and decisions employed by the RCMP on the days in question and in the months and years leading up to these tragic events with a view to their social and legal context will assist us in assuring Nova Scotians that such events will never happen again.”
Fraser characterized the letter as a non-response to urgent concerns raised by the professors. He said the province, not the federal government, should set down the terms of reference for the inquiry with the widest mandate possible under the province's Public Inquiries Act.
“Given the RCMP and frankly the Nova Scotia government's culture of secrecy what we need is someone who has the ability to compel the RCMP and compel the government of Nova Scotia to produce all relevant records within its mandate,” said Fraser. “I would be afraid of anything that did not meet that standard.”
Wayne MacKay, a Dalhousie University law professor, agrees, saying he’s disappointed by the province’s response to the letter he signed and that it included no new information.
"There are a huge number of provincial issues that are extremely important and must be examined by a full public inquiry, such as the administration of justice in the province, policing and domestic violence," said MacKay.
"So unless the terms of reference are broad enough and unless both the provincial and federal governments are involved they are not going to be able to address all the important issues raised by this tragedy."
Like Fraser, the professor said he’s concerned with each passing day that the province doesn't lay out a clear view of what the proposed federal-provincial review is going to look like.
“In some broad sense, they need to give some indication of the nature of the review, the scope of the review, and the fact that they’re seriously going to commit resources and people to make this happen," said the professor.
On Tuesday, the Justice Department would not provide any more details about the proposed review or explain why Furey did not follow through with his planned announcement last week. The department also wouldn’t say when more information would be made public.
Barbara MacLean, a spokeswoman for the department, issued a statement on behalf of Furey, saying it’s his priority to get answers for victims' families.
“We are actively engaged with the federal government on this matter, and I expect an announcement will be made in the near future,” said the statement.
