Lawsuits by Mounties over 2014 Moncton shootings quietly end
4 cases filed in 2019 discontinued in recent months
Four lawsuits that alleged the RCMP failed to properly equip and train its officers ahead of the 2014 shootings in Moncton have ended.
Constables Robert Nickerson, Shelly Mitchell, Martine Benoit and Mathieu Daigle filed lawsuits in 2019 against the federal government.
Court records show the cases were discontinued in February and March with the consent of both sides.
The records don't say if the discontinuance was the result of a settlement.
The cases were the last of about two dozen filed by officers involved in the response to a lone gunman who shot and killed three Mounties and wounded two others on June 4, 2014.
Last year, CBC reported that 17 of the cases had ended.
Neither the federal government or the RCMP would directly comment on the outcome of the cases.
"We can confirm all files related to this have been discontinued," RCMP Sgt. Kim Chamberland said in an email Friday.
"We cannot provide any more information at this time."
The four cases that ended most recently said the officers were among the first on the scene in the city's north end on the evening of the shootings.
The cases alleged the federal government failed to properly equip and train officers to respond to an active shooter, which led to the officers suffering serious psychological trauma.
On the night of the shooting, there were no carbine firearms at the Codiac Regional RCMP detachment.
Officers responded with handguns and shotguns. Gunman Justin Bourque was armed with rifles.
The federal government had previously asked the court to dismiss the cases, arguing the cases were barred under the Crown Liability and Proceedings Act and the Pension Act.
The RCMP was found guilty of workplace safety charges and fined $550,000 in 2017.
Justice Leslie Jackson found the RCMP violated a Canada Labour Code by failing to provide adequate use-of-force equipment and related user training to officers.
Daigle's statement of claim states the officer felt like he could have neutralized the shooter if he had been better equipped, something he testified about at the labour code trial.
ABOUT THE AUTHOR
https://www.cbc.ca/news/canada/new-brunswick/fundy-royal-riding-profile-1.3274276
4 Moncton Mounties sue federal government over 2014 shootings
RCMP officers allege they suffered psychological trauma because of force's failure to properly equip them
Four RCMP officers who allege they suffered serious psychological trauma as a result the force's failure to properly equip them prior to the Moncton shootings are suing the federal government for damages.
It's been two years since a Moncton judge found the RCMP failed to provide adequate equipment and training to front-line members who had to deal with the increasing reality of an active shooter situation.
Justin Bourque went on a shooting rampage on June 4, 2014, taking to the streets of Moncton with a military-style rifle, killing three Mounties and injuring two others.
The officers only had duty pistols to defend themselves.
The plaintiffs, Constables Robert Nickerson, Shelly Mitchell, Martine Benoit and Mathieu Daigle, were among the first on the scene in the city's north end, when calls about a man walking down the street with a rifle came in.
No longer trust RCMP
Daigle's statement of claim states the officer felt like he could have neutralized the shooter if he had been better equipped, something he testified about at the Canada Labour Code trial.
Bourque was in his direct line of sight at one point but too far away to reach with a pistol, which is a short-range weapon.
Daigle says he can no longer trust the RCMP, which he holds responsible for the deaths of his colleagues. He has survivor's guilt, nightmares related to the shooting and vivid images of Bourque firing shots at him and Const. Fabrice Gevaudan, who was killed the night of the shooting.
"The negligence of the RCMP resulted in a situation where he was unequipped to engage the armed assailant, putting his life and his colleagues at extreme risk," read his statement of claim.
All the plaintiffs say they have been diagnosed with post-traumatic stress disorder stemming from the events of June 4, 2014.
One has been off work since February, while another was declared permanently unfit and was medically released from the force last year, after 15 years of service.
'Waiting there to be shot'
Benoit, who had also testified about the night's events during the labour code trial, describes feeling unsafe when she was deployed by herself at a street corner that night.
"She felt she was just waiting there to be shot without having any meaningful way to defend herself," the claim read.
Her statement of claim also describes herself and another officer arguing over who would get the last body armour, each offering it to the other, and Benoit not having access to a map in her vehicle, leaving her completely unaware of her surroundings.
From
left: Const. Douglas James Larche, 40, from Saint John, N.B., Const.
Dave Joseph Ross, 32, from Victoriaville, Que., and Const. Fabrice
Georges Gevaudan, 45, from Boulogne-Billancourt, France, were killed in
the Moncton shootings on June 4, 2014. (RCMP)
The lawsuits, filed against Canada's attorney general, hold the RCMP directly responsible for the harm done to the officers.
"The Crown's liability arises from the conduct, negligence, malfeasance and vicarious liability of the RCMP and individuals who were at all material times Crown employees, agents and servants," read the statements of claim, filed Sept. 12 in Moncton's Court of Queen's Bench.
Hoping for accountability
Brian Murphy, the lawyer for the plaintiffs, said neither he nor the four Mounties would be commenting for now.
Louis-Philippe Theriault, president of the Mounted Police Professional Association of Canada, worked with the four officers. He said he is not surprised by the lawsuits and he hopes that if the matters go to trial, more information is brought to light.
"Somehow, somewhere, someone made a decision not to issue carbines to members, made a decision not to issue active shooter training to members," said Theriault.
"Individuals felt — and for cause — that they've been wronged by the RCMP," he said.
In September 2017, Justice Leslie Jackson found the RCMP violated a Canada Labour Code provision in failing to properly equip and train members, by "limping along" on the issue of carbines for years.
The civil lawsuits mention the decision as a basis for going after the federal government for money.
"The RCMP did not act with due diligence in rolling out the carbines, despite knowing of the potential grievous bodily harm or death that front-line officers faced," read the claims.
The Office of the Attorney General declined comment, saying it was an RCMP matter.
The RCMP has yet to respond to CBC News.
The night of the shooting, there were no carbines at the Moncton department. New Brunswick had just received 22 of them, but they were at Base Gagetown for a training exercise, as the force was in the middle of rolling them out.
17 lawsuits by RCMP officers over 2014 Moncton shooting end
Cases alleged the federal government had failed to properly train and equip officers for active shooters
Most of the two dozen lawsuits against the federal government by current and former RCMP officers who responded to the 2014 shootings in Moncton have ended.
The separate civil cases involve officers who were part of the response to Justin Bourque's shooting rampage on June 4, 2014, that left three Mounties dead and two others injured.
Seventeen of the cases have now been "resolved" and have ended, according to Brian Murphy, the lawyer who represented the officers. Three others were previously discontinued.
Murphy told CBC on Thursday that he couldn't offer any further details about the outcomes of the cases. Four cases are ongoing, though the plaintiffs are now self-represented.
Constables Robert Nickerson, Shelly Mitchell, Martine Benoit and Mathieu Daigle filed the first four cases in 2019. They were among the first on the scene in the city's north end.
Their lawsuits are the only ones continuing, Murphy said.
They alleged the federal government failed to properly equip and train officers to respond to an active shooter.
On the night of the shooting, there were no carbine firearms at the Codiac Regional RCMP detachment. Officers responded with handguns and shotguns. Bourque was armed with rifles.
The RCMP was found guilty of workplace safety charges and fined $550,000 in 2017.
RCMP Const. Mathieu Daigle, right, leaves the Moncton courthouse on Wednesday. (Shane Magee/CBC)
Justice Leslie Jackson found the RCMP violated a Canada Labour Code by failing to provide adequate use-of-force equipment and related user training to officers.
Daigle's statement of claim states the officer felt like he could have neutralized the shooter if he had been better equipped, something he testified about at the labour code trial.
The federal government had sought to have the lawsuits dismissed, arguing they were barred by the Crown Liability and Proceedings Act and the Pension Act.
A hearing had been scheduled for May on that motion, though the hearing has now been pushed to October for the remaining four cases.
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One judge to oversee early phase of 24 lawsuits against federal government over 2014 shootings
Federal government has yet to file responses to lawsuits filed in 2019
Twenty-four separate lawsuits have been filed against the federal government by current and former RCMP officers who responded to the 2014 shootings in Moncton.
The separate civil cases involve officers who were part of the response to Justin Bourque's shooting rampage on June 4, 2014, that left three Mounties dead and two injured.
The cases allege the federal government failed to properly equip and train officers to respond to an active shooter.
Plaintiffs say this led to officers suffering serious psychological trauma.
The federal government has yet to formally respond to the allegations in the cases.
Const. Douglas Larche, Const. Dave Ross and Const. Fabrice Gevaudan were killed by a gunman in Moncton on June 4, 2014. (RCMP)
On Thursday, lawyers representing the federal government and the officers appeared by phone, and a judge agreed to appoint one judge to oversee the pre-trial aspects of all 24 cases.
"This will hopefully be a way of moving those matters along," Brian Murphy, who represents the officers, said in an interview.
Court of Queen's Bench Chief Justice Tracey DeWare said it made sense to have one judge deal with common issues in the 24 separate cases.
Lawyer Brian Murphy says he hopes the appointment of a single judge to oversee pre-trial issues will help speed up the process. (Shane Magee/CBC)
DeWare said that because of the heavy criminal court caseload that judges in Moncton face this year, she would likely appoint herself to the case management role.
That role would see her consider pre-trial motions and issues, setting deadlines for filings and disclosing of records.
The cases began to be filed in 2019, with the most recent case filed in June 2020.
Kathleen McManus, a lawyer representing the federal government, told the judge the COVID-19 pandemic affected the response to the cases.
"It caused quite a dramatic change in working conditions," McManus said.
McManus said the federal government will ask the case management judge, once appointed, to dismiss 22 of the cases because the federal government views them as barred under the Crown Liability and Proceedings Act and the Pension Act.
No carbines during shooting
The night of the shooting, there were no carbine firearms at the Codiac RCMP detachment.
Officers responded with handguns and shotguns.
The shooter was dressed in camouflage clothing walking the streets of the city's north end with a rifle.
New Brunswick had just received 22 of the firearms, but they were all at Canadian Forces Base Gagetown for a training exercise because the force was in the middle of rolling them out.
The RCMP was found guilty in 2017 of workplace safety charges and fined $550,000.
Justice Leslie Jackson found the RCMP violated a Canada Labour Code by failing to provide adequate use-of-force equipment and related user training to officers.
The lawsuits filed years after that decision mention it as a basis for going after the federal government for money.
"The RCMP did not act with due diligence in rolling out the carbines, despite knowing of the potential grievous bodily harm or death that front-line officers faced," read the claims.
Murphy said his clients have felt anger and disappointment with how long the process is taking to seek compensation for what happened.
"Many of them are so profoundly affected, they will never, ever be the same people and it's because they didn't have the tools to do their job," Murphy said.
"They were miners without a shovel. They were surgeons without a scalpel. They didn't have the tools to take down the assailant, and they could have, had the RCMP done its job in supplying its workers with the right tools."
I have no doubt whatsoever that the ex MP/lawyer Brian Murphy and his clients remember me and my lawsuits
Money grab for them and lawyers,, hire a lawyer and chase the money. They all knew what they signed up for, yes it would be nice if they all carried AK-47 at their waist..
Reply to Janice Belliveau
Its always about the money and never justice
Were the RCMP too busy abusing people's rights, including other RCMP staff and the public ?
There will always be more powerful weapons.
David Amos
Reply to Laura Smith
Amen
Nothing more than a cash grab. As officers they are paid to put themselves in harms way to protect the citizens. If they are not, they why do we pay them so much more than a security guard.
Reply to @JOhn D Bond:
Reply to @Dave Macdonald:
David Amos
Reply to JOhn D Bond
Imagine you and I agreeing on something?
Everyone looking for a big payout , and to become wealthy at the taxpayers expense . Maybe they will all get in on the RCMP's class action lawsuit and payout for sexual harassment as well .
Reply to @Matt Steele:
Reply to Matt Steele
Par for the course
Maybe the RCMP could have used some of the guns they were seizing. Or they were just too busy abusing people's rights.
Reply to @Jeff LeBlanc:
Reply to Dave Ladd
Yea Right
Reply to Laura Smith
I have lots of proof of the latter
Disaster capitalism. I suppose this not all about getting everyone armed to the teeth with military styled gear? The thin blue line is strong. This was one kid who was economically destitute and alienated from childhood because he was the child of fringe religious parents. Watch what is squeezed out of this. They will reward themselves for what boils down to their own incompetence in running the very expensive show they already have. It's the cracks in the system that produce these events, and no one is talking about making those smaller.
David Amos
Reply to William Peters
Perhaps you should check my work
24 ? Some people are in on the ride to get free money I see.
David Amos
Reply to Marc Martin
You should know
officers didn't have carbines??....you mean those awful military style "AR assault rifles" that the government banned thru OIC that can kill the most people in the least amount of time that can't be trusted in the hands of vetted law abiding firearm owners BUT are effective tools called "carbines" in the hands of government employees?? all sarcasm aside, an AR rifle might not of changed the outcome but better training might have
Reply to @Stephen Gilbert:
Reply to @David Stairs:
Reply to Stephen Gilbert
Welcome to the Police State under Trudeau The Younger's Mandate
He did quote his Papa Pierre in a note to Conservative long before the election of the 42nd Parliament
https://www.cbc.ca/news/canada/nova-scotia/just-watch-me-trudeau-note-kydd-1.3282002
Justin Trudeau's 'Just watch me' note to Halifax man sold on eBay
Michael Kydd asked Trudeau in 2013, 'Can you really beat Harper?' and got note in reply
Someone now has a bit of Trudeau history — for a cool $12,301.
A note by prime minister-designate Justin Trudeau was put up for sale on the online auction site eBay earlier this week.
In 2013, Trudeau, then running for the Liberal Party leadership, answered a note passed to him from a Conservative Party supporter while on a plane from Halifax to Ottawa.
The note read, "Justin, can you really beat Harper?"
Michael Kydd is originally from Hamilton, but moved to Nova Scotia about 12 years ago. (CBC)
"I was kind of testing Justin to see what kind of person he was and I think that's what Canadians voted for," said Michael Kydd, who once worked for the Progressive Conservative Party of Nova Scotia.
Kydd was grading papers on that late-night flight when he saw Trudeau sitting three rows ahead. Kydd jotted down his question and handed it to the flight attendant.
"She looked at me strangely, as anyone would expect. She walked up, handed it to him," Kydd told CBC Mainstreet.
"About 20 minutes later the note came back and it said, 'Mike, Just watch me,'" Kydd said.
Trudeau was referencing his father Pierre Trudeau's famous words during the October Crisis.
eBay money would 'help with the kids'
Following Monday's historic election, which coloured the entire Atlantic region Liberal red, Kydd posted the note on eBay with a starting bid price of $2,500. As of Wednesday at noon, no bids had been placed.
But by the time bidding closed on Thursday afternoon, there were 62 bids and the note had sold for $12,301.
Prime minister-designate Justin Trudeau later told Kydd the note got him in trouble with the party. (Adrian Wyld/Canadian Press)
Although Kydd didn't expect the paper to sell, he thought it was worth a try.
"I've had a bit of a rough year so I think I could certainly use some of that to help with the kids and everything else," Kydd said. "Part of me still wants to keep that note."
Kydd left his teaching position at Halifax's Mount Saint Vincent University last year when a relationship with an adult student became public.
"I expect my career to be ruined," he told CBC News at the time. Kydd now runs a crisis management firm.
'He certainly lived up to those words'
Kydd and Trudeau later met again while walking through the Fairmont Château Laurier in Ottawa, he says. Trudeau approached him and asked why he looked familiar. Kydd reminded him of 'Just watch me' on the plane.
"I think [Trudeau] jumped about four feet high and he put his finger on my chest and he said, 'You have no idea how much trouble you got me into with the Liberal Party of Canada over that,'" Kydd said.
"I said, 'You have no idea how much trouble I got into with the Conservative Party and with the Progressive Conservative Party of Nova Scotia over that one.'"
Trudeau tweeted to confirm the authenticity of the note at the time.
"I had a good chuckle at it, a good laugh out of that, and he certainly lived up to those words," Kydd said.
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