Families of N.S. mass shooting victims end boycott, will return to inquiry hearings
Lawyers representing the relatives of the 22 people murdered in the 2020 Nova Scotia mass shooting will retake their seats at next week's mass casualty commission hearings, but they say their clients' lack of confidence in the process remains.
Tara Miller, a lawyer representing the family of two victims, said in an interview Friday she will return to the public hearings beginning Monday, but "our return next week is by no means an endorsement of the decision made by the commissioners," who prevented cross-examination of key Mountie witnesses.
Last week, lawyers representing the majority of the 22 victims' families boycotted the commission proceedings at the direction of their clients. This was in response to the decision to prevent the families' lawyers from directly questioning Staff Sgt. Brian Rehill and Sgt. Andy O'Brien.
"They've lost confidence," Miller said. "While the lawyers will be there next week, I'm not sure what clients will be there."
The commission said they agreed to allow the two witnesses to avoid being cross-examined and to testify through video instead of in person due to the officers' unspecified health concerns. In response, the families of victims took to the streets last week in protest.
Patterson Law, which represents 14 of 22 families, said in a statement last week that their clients are "disheartened and further traumatized" by the commission's decision. Patterson Law lawyer Michael Scott said in an email Friday his team will attend public proceedings next week.
Miller said that on May 30, she told the commission she planned to table a motion amending the rules so family participants can question witnesses directly. She said she is waiting to hear back from the commission. The motion, she explained, is critical toward restoring confidence in the commission process for the victims' families.
Many key RCMP witnesses have yet to testify at the hearing, Miller said, adding that all should be cross-examined.
"The deep concern from my clients and other families as I understand it, is that we will see this again," she said.
Emily Hill, senior counsel for the mass casualty commission, told reporters Friday it's possible the commission will grant further accommodations to witnesses that would allow them to avoid being cross-examined or testifying in person. But she said no further requests for accommodations have been made so far.
"At this point we haven't received any other requests, but if we receive them, then we have to consider them," she said.
"Family lawyers have been permitted to ask questions of almost every witness," she said, and some questions asked in the recorded testimony came from families' counsel.
Miller, however, said she was able to submit written questions to commission counsel, which she said does not equate to adequate questioning of witnesses. "It's misleading for them to suggest that the ability to ask questions has been allowed."
"What we're advocating for is appropriate cross-examination, which is materially different than asking questions, putting them in writing and giving them to commission counsel to ask in place of us doing it ourselves with the appropriate follow up," Miller said.
Wayne MacKay, a professor emeritus at the Dalhousie University law school in Halifax, says it seems there was a lack of communication between the Mass Casualty Commission and the public about why the decision was made to exempt two senior RCMP officers from being cross-examined.
"I realize there is personal health information that has to be respected. But even with that, the families have walked out with their lawyers for part of it," he said in a recent interview.
"Surely, there needed to be a more fully developed and thoughtful communication about that whole process," he added.
This report by The Canadian Press was first published June 3, 2022.
This story was produced with the financial assistance of the Meta and Canadian Press News Fellowship.
CTVNews.ca Top Stories
Oct. 7 commemoration events being held across Canada
Hundreds of people are gathering today in cities across Canada to remember the victims of Hamas's Oct. 7 attack on Israel and the hostages that have still not yet made it home.
Trudeau heads to ASEAN summit and Ukraine defence meetings this week
Justin Trudeau will travel to Laos later this week for the ASEAN summit, marking what his office says will be the first official visit of a Canadian prime minister to the Southeast Asian country.
The cooking method you need to learn to get excited about vegetables this fall, expert says
'Eat more vegetables,' doctors and dietitians say over and over. But for many people, it’s hard to do, because they aren’t excited about veggies or just don’t like them.
Hurricane Milton has formed and could grow stronger before hitting Florida midweek
U.S. Air Force hurricane hunters have confirmed that Milton has rapidly intensified into a hurricane as it moves toward Florida, the National Hurricane Center in Miami said.
A year into the Israel-Hamas war, students say a chill on free speech has reached college classrooms
As a junior at George Washington University, Ty Lindia meets new students every day. But with the shadow of the Israel-Hamas war hanging over the Washington, D.C., campus, where everyone has a political opinion, each new encounter is fraught.
New Far North hospital moves closer to being built after $1.8B design, build contract awarded
Weeneebayko Area Health Authority and the Government of Ontario have awarded a $1.8 billion fixed-price contract to design, build and finance a new Far North hospital.
Oh my gourd: B.C.'s giant pumpkin weigh-off declares winner
A gargantuan gourd – affectionately named ‘Orangina’ by the urban gardeners who grew it in the front yard of their Vancouver home – earned the massive honour of being named B.C.’s heaviest giant pumpkin Saturday.
Man dead after watercraft collision on St. Lawrence River
Ontario Provincial Police say a man has died after striking obstacles on the St. Lawrence River while driving a personal watercraft.
Frequent drinking of fizzy beverages and fruit juice linked to an increased risk of stroke: research
New data raises questions about the drinks people consume and the potential risks associated with them, according to researchers at Galway University in Ireland, in partnership with Hamilton’s McMaster University.