From: SIRT <SIRT@novascotia.ca>
Date: Tue, Jun 11, 2024 at 1:27 PM
Subject: RE: Attn Erin Nauss we just talked Correct???
To: David Amos <david.raymond.amos333@gmail.com>
Hello Mr. Amos,
Thank you for your correspondence. All your correspondence has been shared with the Director.From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Jun 11, 2024 at 1:09 PM
Subject: Attn Erin Nauss we just talked Correct???
To: <sirt@gov.ns.ca>
RCMP charges one of its own in Moncton with crimes against a child
Independant watchdog SIRT involved in investigation of unnamed officer
The RCMP have charged one of their officers with criminal offences against a child following an investigation by the Serious Incident Response Team.
According to a news release from SIRT, the officer was charged on Monday "under Part V (five) of the Criminal Code."
The heading on that section of the criminal code is "sexual offences, public morals and disorderly conduct."
The release also said SIRT worked with the RCMP's Integrated Child Exploitation unit and Digital Forensic Services.
When reached by phone Monday afternoon, SIRT director Erin Nauss said the officer was stationed with the Codiac RCMP at the time of the alleged offences, but is now working outside New Brunswick.
She also confirmed that the complainant is a child and that the offences are alleged to have occurred "at or near Shediac" between April 24 and 29.
Erin Nauss, director of the Serious Incident Response Team, also known as SIRT. (Submitted by Erin Nauss)
Nauss declined to provide any more details, saying it is important to protect the integrity of the investigation and court process.
The RCMP in New Brunswick were asked to provide information about the officer's employment status, but have not responded to the request.
SIRT is responsible for investigating all matters that involve death, serious injury, sexual assault and intimate partner violence or other matters of a public interest that may have arisen from the actions of a police officer.
The Nova Scotia-based response team investigates incidents in Nova Scotia and New Brunswick, where they opened an office in Marysville Place in Fredericton last October.
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2 N.B. Mounties investigated for alleged interference in impaired driving case
RCMP say officers in Sussex and Riverview remain on duty
Two RCMP officers in New Brunswick are under investigation by a police watchdog agency.
The Serious Incident Response Team announced its investigation in a news release Wednesday.
The agency said that in February a New Brunswick Department of Public Safety officer arrested a man for impaired driving near Henderson Settlement, a rural area about 30 kilometres west of Sussex.
The news release alleges that on June 18, RCMP learned that a Mountie from the Sussex detachment "was believed to be using their role as an RCMP officer to influence the outcome of the investigation."
The news release says the man arrested for impaired driving and the officer knew each other, but doesn't say how.
The news release says a second officer from the Caledonia detachment, located in Riverview, "is also alleged to have attempted to influence the outcome of the investigation."
The news release doesn't say whether the second officer knew the man who was arrested. It also doesn't explain how either officer attempted to influence the investigation. SIRT didn't provide an interview.
The news release says RCMP contacted SIRT on June 19.
"Due to the seriousness of the allegations and in the public interest, SIRT has assumed responsibility for this investigation," the news release states.
The officers weren't named by SIRT.
The news release says the agency is investigating "possible breach of trust" related to interference into the impaired driving case. Breach of trust is a Criminal Code of Canada charge that, if a person is convicted, can result in a prison term of up to 14 years.
The agency investigates matters involving deaths, serious injuries, sexual assault, intimate partner violence, or other matters of a public interest that may have resulted from the actions of any police officer in New Brunswick.
SIRT's director determines whether charges are warranted.
The New Brunswick RCMP did not provide an interview about the SIRT investigation, with a spokesperson saying in an email that it would be "inappropriate" to do so.
Cpl. Hans Ouellette said in the email that the two officers remain on duty in their roles.
"As the employer, the RCMP will proceed with appropriate actions pending the outcome of the independent investigation," Ouellette wrote.
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Results of review of 3 derailed murder cases should be made public, profs say
Civilian oversight of police lacking in New Brunswick, says UNB law prof Nicole O'Byrne
The Fredericton Police Force should disclose more information about an error it made that led to the collapse of murder charges against five people, experts say.
The police force has taken the blame for murder charges being stayed against five people charged in connection with two homicides.
But it remains unclear whether the force will release the results of a promised independent review of the "evidentiary issue" that resulted from police error.
"This is very serious, what happened, and hopefully it will not happen again, but we need to know that they are taking steps to rectify the problem and to prevent its recurrence," said Nicole O'Byrne, an associate professor at the University of New Brunswick faculty of law.
Fredericton police should disclose details of how murder cases collapsed, profs say"And the only way we're going to be able to ensure that is if there's some public transparency and accountability built into that oversight and review process."
Last Friday afternoon, Fredericton police Chief Gary Forward issued a statement apologizing for an error the police force made resulting in the stay of proceedings, and committed to seeking an independent review into how it happened.
Earlier that afternoon, Crown prosecutor Jeremy Erickson appeared in court to seek a stay for murder charges against Erica Lea Ann Blyth, Joshua John McIsaac, Devon Mark Hill Hood, Matthew David LeBlanc and Travis James Snowsell.
Blyth and McIsaac had been charged with first-degree murder, accused of killing Brandon Donelan, 27, of Minto.
Donelan's body was found in a wooded area between Minto and Chipman, now Grand Lake, on March 31, 2022, after being reported missing two months earlier.
Hood and LeBlanc were to be tried separately on first-degree murder charges alleging they killed Donelan.
Snowsell and McIsaac were charged with second-degree murder in the death of Corey Christopher Markey. Markey, 41, was shot in Fredericton's north side on Dec. 21, 2021, and died eight days later.
Donelan's homicide was investigated by the New Brunswick RCMP, while Fredericton police investigated Markey's homicide.
Forward, in his statement, said his department's error "detrimentally impacted on a similar major crime investigation by a partner agency."
CBC News asked the Fredericton Police Force for an interview with Forward about the review, but a spokesperson said no further information would be provided.
How an independent review could look
As for the independent review into what happened, a possible scenario would see a police officer from another jurisdiction being called in to conduct it, O'Byrne said.
Alternatively, the provincial government could call a public inquiry into the matter, she said.
There's no standard procedure, however, for ensuring transparency in a situation like this one, which raises the need for better civilian oversight of police in New Brunswick, O'Byrne said.
"There's been a serious problem in this province with police accountability in the past. The [New Brunswick] Police Commission, the Police Act, affords a great deal of latitude to police in New Brunswick, and that should be changed."
CBC News asked the New Brunswick Police Commission for an interview about whether it would be involved in reviewing the actions by the Fredericton Police Force.
In an email, executive director Jennifer Smith said privacy legislation prevents her from revealing if a complaint has been filed against a police officer.
CBC News also asked for an interview with Rob McKee, the attorney general and justice minister, about whether the department would seek a public inquiry into what happened.
In an email statement, McKee only said that he had been briefed, and he accepted there were "insurmountable evidentiary issues."
He said he will not be commenting further.
Answers could take time, if they come at all, expert says
Whatever comes out of a review into what happened could take time, and the full results might not be publicly revealed, said Robert Currie, a criminal law professor at Dalhousie University's Schulich School of Law.
He said steps have to be taken to ensure fairness and due process for the police officers involved.
Some of the review's findings might also need to be kept confidential if their release would compromise public safety, Currie said.
However, he said he still thinks the public deserves more details about what went wrong.
"There absolutely must be some kind of finding that gives the public some explanation and some information about what happened here," Currie said.
"Because otherwise people are quite understandably going to lose confidence in the overall administration of justice, and that in this world today, that is something we worry about."
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Ontario lawyer to review Fredericton police after murder charges stayed
Police force says it won't disclose the issue that led to stays of 3 murder trials
An Ontario lawyer has been tasked with reviewing the Fredericton police major crime unit practices after an 'error' led to scuttling three murder trials, though the police force says the exact nature of the problem will remain secret.
The police announced Wednesday that Ian D. Scott had been retained to carry out the review starting later this month, with a public report to be issued by the end of the year.
From 2008 to 2013, Scott served as director of Ontario's Special Investigations Unit. The unit investigates police in that province.
However, the force said not all information will be released.
"Under the Canada Evidence Act public disclosure of the evidentiary issue in question is prohibited on the grounds that such disclosure would bring the administration of justice into disrepute," a news release said.
The release did not say what section of the law would prohibit the release of the information. The force has yet to respond to a question about which section it is referring to in the law.
On June 27, three Fredericton-region murder trials came to a halt when the Crown stayed charges against Erica Lea Ann Blyth, Joshua John McIsaac, Devon Mark Hill Hood, Matthew David LeBlanc and Travis James Snowsell.
Blyth and McIsaac were accused of killing Brandon Donelan in 2022. Hood and LeBlanc were being tried separately and were also accused of killing Donelan. McIsaac was also accused, along with Snowsell, of killing Corey Christopher Markey in Fredericton in 2021.
The Fredericton police said the stays were the result of an error in its investigation into Markey's death. The force said the error also affected the RCMP's investigation into Donelan's death.
'Practices, policies, and procedures' under review
The only information diisclosed until Wednesday was that there was an "insurmountable evidentiary issue," and that the force would seek an independent review.
The news release says the review will examine the force's "practices, policies, and procedures relating to our Major Crime – Major Case Management services."
The force hasn't said whether the error stemmed from the actions of one officer or if it was a systemic problem.
"We take full responsibility and accountability for the circumstances that led to this outcome," Gary Forward, the police chief, said Wednesday's statement.
CBC News has requested an interview with the police chief about the review but was told he was not available.
The police force didn't answer questions Wednesday about how Scott was selected, whether a public inquiry was considered, or if anyone's job status with the force has been affected by the error.
New Brunswick Justice Minster Rob McKee has not provided an interview about the stayed charges.
Public Safety Minister Robert Gauvin, whose mandate includes policing in the province, has also not yet commented.
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Saint John police chief reacts to 9 officers seeking judicial review after complaints about him dismissed
Chief Robert Bruce seeks intervener status
The Saint John police chief wants a chance to weigh in on a request by nine officers to have a court review the dismissal of their conduct complaints against him.
Chief Robert Bruce is seeking intervener status in the legal action the officers filed in response to decisions by the New Brunswick Police Commission and the Saint John Board of Police Commissioners.
Bruce, who has been chief of the Saint John Police Force since July 2021, is not currently a party in the proceeding before the Court of King’s Bench, but he wants to have a say.
Nine officers are seeking a judicial review of the dismissal of their “workplace harassment” complaints by the two oversight bodies, according to the provincial association that advocates on behalf of municipal officers.
No information about the nature of the complaints has been released, and court documents that contain details about the allegations, including affidavits from the officers, are under the temporary sealing order.
But the complainants — Sgt. Andrew Belyea, Staff Sgt. Andrew MacBean, Const. Christopher Messer, Const. Donald Shannon, Const. Duane Squires, Const. Emily Hobbs, Const. Mary Gellatly, Insp. Samantha McInnis and Sgt. Stacy Humphrey — are seeking a judicial review of decisions by the provincial commission, other court documents show.
Complaints 'not made in good faith'
The independent oversight body dismissed seven of the complaints filed under the New Brunswick Police Act “because they were ‘frivolous, vexatious or not made in good faith,’” according to a letter to the court from Jamie Eddy, a lawyer representing the Saint John Board of Police Commissioners. His letter does not mention the other two complaints.
Under the act, the Saint John board "maintains and operates" the force, Eddy said in the Sept. 17 letter, while the provincial commission manages the public complaints process related to the conduct of municipal and regional police officers in the province, according to its website.
"Those [seven] decisions were by the New Brunswick Police Commission to either summarily dismiss a complaint without further investigation or to uphold the summary dismissal of a complaint without further investigation," Eddy wrote.
Documents could 'undermine public confidence’
The Saint John board is seeking a publication ban and sealing order on the court documents, arguing there is a substantial risk they “may undermine the public confidence in law enforcement.”
The board and provincial commission are also seeking to have the matter dismissed, arguing that the complainants don't have the legal standing to seek a judicial review..
The lawyers representing the complainants did not respond to requests for comment, and the officers reached directly declined to comment.
The Saint John Board of Police Commissioners, which consists of two council representatives, four citizens appointed by council, one appointed by the province, and the chief as an ex-officio member, did not respond to a request for comment.
New Brunswick Police Commission chair Marc Léger said the commission could not comment on matters before the courts.
Bruce declined an interview.
2023 government report flagged complaints
This is not the first time there have been complaints about management at the Saint John force, a March 2023 management review report from the Department of Public Safety shows.
It’s unclear if the complaints raised in the March 2023 management review report from the Department of Public Safety are related to the complaints now before the court.
The Saint John force was reviewed as part of a new process that was to see all regional and municipal police forces reviewed by Dec. 31, 2023, according to a redacted copy of the 29-page report, obtained by CBC News.
Public Safety conducted surveys of officers and employees between Jan. 1 and Dec. 31, 2022, and also interviewed some officers.
The report cited employee complaints about “disrespectful or harassing” behaviour by management and a “poisonous, hostile, harmful and unsafe workplace.”
Employees ‘fearful’
"It was also mentioned by many that incidents are not being handled appropriately and that complaints against management are only investigated by themselves and are quick to be dismissed," the report said.
In the survey, conducted anonymously, employees also described a morale and staffing crisis, with some fearful of “doing something that may lead to being disciplined, charged, or fired."
The work environment is "pushing a number of officers to consider leaving the force," the report says.
It’s unclear what came of the complaints or if any changes were implemented.
Public Safety made no recommendations. Instead, the chief was to submit an action plan within 30 days.
The plan has not been made public, said Jadesola Emmanuel, a spokesperson for Public Safety, because “it was intended to serve as a working document.”
Councillor seeks answers
Saint John Coun. Gerry Lowe wants to get to the bottom of what’s going on in the force, with the conduct complaints against the chief and more than two dozen officers off on leave or modified duty.
“It's the public that's asking me,” Lowe said. “The people I represent are saying, ‘Gerry, what's the complaints? Why are these people all off?’”
He previously proposed dissolving the police board and the force becoming a city department, which, he said, would give council more say over policing.
Complaints and leaves unrelated, spokesperson says
Force spokesperson Staff Sgt. Shawna Fowler wouldn’t comment on the court matter but suggested the nine harassment complaints are unrelated to the fact 21 per cent of officers were not on full duty as of August — up from 18 per cent in each of the previous two years.
Roughly 25 officers, out of a force of 146, are on leave for various reasons, including work-related physical and mental health injury.
Six additional officers are in the process of returning to their regular duties after being off for non-work-related reasons, such as surgery.
Policing is a demanding job, both physically and mentally, Fowler said. “And we do have an aging police department.”
Advocacy group calls for investigation
The advocacy organization for municipal officers in New Brunswick has formally requested Public Safety Minister Robert Gauvin conduct a full investigation into the workplace environment of the force.
The New Brunswick Police Association is “deeply concerned about the prevalence of workplace harassment within the Saint John Police Force and the impact this has on front-line officers and their families," Bob Davidson, a labour analyst with the group, said shortly after the nine officers asked for the judicial review.
The association wants the minister to investigate "whether the New Brunswick Police Commission is complicit and is fulfilling its legislative function as an oversight body."
In addition, it has asked WorkSafeNB to investigate whether the Saint John Board of Police Commissioners is complying with the Occupational Health and Safety Act and “whether they have met their statutory duty to ensure that [the] force's workplace code of conduct has been implemented and followed."
In an emailed statement, Public Safety Minister Robert Gauvin said the province takes workplace harassment complaints seriously, and he will be meeting with the police association.
"As there are ongoing investigations and matters before the courts, we will not be commenting further at this time.”
Michael Boudreau, a St. Thomas University professor of criminology, said the complaints and leaves suggest there are “some serious internal problems” within the Saint John force.
“Some hard questions have to be asked” — and quickly, Boudreau said, because if frontline officers don’t have confidence in the chief, it makes it difficult for the overall force to function.
Wrote a book on leadership
Bruce served 33 years with the Ontario Provincial Police, retiring as a superintendent in 2015. He was involved in hostage negotiations, search and rescue and other departments.
Before becoming chief, Bruce was giving speeches on leadership. He also wrote a book, Leading Beyond Your Presence: Becoming The Leader You Want to be Led By.
When he was appointed, Bruce committed to staying on for three to five years.
Saint John police sergeant charged with sexual assault, Mountie with domestic assault, watchdog says
Both accused to appear in court next week, says Serious Incident Response Team
Two New Brunswick police officers will face criminal charges in court next week, following separate investigations by the Serious Incident Response Team into allegations of sexual assault and domestic assault.
A Saint John Police Force sergeant with 37 years of service has been charged with sexual assault and breach of public trust, the force announced in a news release Tuesday.
He is scheduled to appear in Saint John provincial court on Nov. 13.
Meanwhile, a constable with the New Brunswick RCMP has been charged with two counts of assault and one count of uttering threats, according to a news release from SIRT.
He is scheduled to appear in Saint John provincial court on Nov. 13 and Moncton provincial court on Nov. 17.
SIRT investigates all matters that involve death, serious injury, sexual assault and intimate partner violence or other matters determined to be of a public interest that may have arisen from the actions of any police officer on or off duty.
The agency investigates matters in both New Brunswick and Nova Scotia.
Accused of historical sex assault
On Feb. 20, the Saint John police professional standards unit received a public complaint against a Saint John officer, the force said in its news release.
On Feb. 24, as a result of the initial investigation and because of the nature of the allegations, the matter was referred to SIRT, said Staff Sgt. Sarah Hobbs.
It was "an historical allegation," according to SIRT, but no date or other details, including information about the alleged victim, are provided.
The Saint John Police hold our members to the highest standard of accountability.
- Robert Bruce, Saint John police chief
SIRT completed its investigation Sept. 2. In her report Tuesday, director Erin Nauss said she determined "there are reasonable and probable grounds to believe that [the sergeant] committed criminal offences."
As a result, the sergeant was charged Tuesday with sexual assault and breach of public trust and released on an undertaking, according to the force.
He will be suspended, pending the criminal proceedings, Hobbs said. A New Brunswick Police Act investigation will follow, she said.
“The Saint John Police hold our members to the highest standard of accountability," Chief Robert Bruce said in a statement. "Complaints are taken very seriously and are thoroughly investigated."
The force declined to provide any other information, saying the matter is now before the courts.
Assault investigation launched in July
The RCMP's J Division in Fredericton contacted the watchdog agency on July 15 regarding allegations that a Mountie had committed domestic assault.
Following an investigation, which was launched immediately and completed Sept. 9, the SIRT director concluded there are reasonable grounds to believe the constable committed criminal offences, the news release said.
The constable was charged Nov. 3 in Moncton with assault and uttering threats and Nov. 4 in Saint John with a second count of assault.
"As the matter is before the courts, and in consideration of the fair trial interests of the accused, SIRT will not provide further comment on the investigation," the release said.
Fredericton police ‘error’ that ended murder cases prompts police commission complaint
Charges in deaths of Corey Markey and Brandon Donelan stayed in June
Documents show the Fredericton police filed a complaint with the New Brunswick Police Commission over an error by the force that scuttled murder cases this year.
The complaint says the stayed charges against five people “raise serious and legitimate questions regarding the adequacy of investigative procedures, including, but not limited to, [Fredericton Police Force’s] Major Case Management systems and processes.”
A copy of the complaint was among documents recently released by the city and police force in response to right-to-information requests from CBC News. The documents don’t reveal the nature of the error that led to the collapse of the cases.
The records offer a glimpse into how officials handled the development, including telling elected officials to avoid answering media questions.
On June 27, Fredericton-region murder cases came to a halt when the Crown stayed charges against Erica Lea Ann Blyth, Joshua John McIsaac, Devon Mark Hill Hood, Matthew David LeBlanc and Travis James Snowsell.
Blyth, McIsaac, Hood and LeBlanc were accused of killing Brandon Donelan. McIsaac was also accused, along with Snowsell, of killing Corey Markey.
Markey was shot on Fredericton's north side early on Dec. 21, 2022, and died in hospital eight days later. Donelan was reported missing Jan. 30, 2022. His body was found in a wooded area off a snowmobile trail between Minto and Chipman on March 31, 2022.
Chief Gary Forward has said an error in the city force's investigation into Markey’s death led to the stays and also affected the RCMP investigation into Donelan's death. How the error affected both hasn’t been explained.
Complaint filed over error that ended Fredericton murder casesForward has referred to building trust through “timely communication and transparency” in statements, but he has not provided an interview on the issue since the charges were stayed. The force has instead only issued written statements when asked for interviews.
Forward announced in July that Ontario lawyer Ian D. Scott would carry out a review and issue a report, but the nature of the error would remain secret. The police force has said it is limited in what it can release, citing the Canada Evidence Act. It won’t say which section of that law applies.
Charge stayed on verge of guilty plea
The documents recently released to CBC include an email Forward sent police chiefs across the province hours before the charges were stayed. Forward wrote that a suspect, who he didn’t name, “was set to plead guilty next week but instead, will be set free on both matters.” Only McIsaac was charged in both homicides.
McIsaac’s lawyer, Nathan Gorham, told CBC his client always denied involvement in a first-degree murder, “but we were pursuing a resolution for lesser offences when the Crown unexpectedly stayed the charges.”
First-degree murder is a charge for a homicide that’s premeditated and deliberate, while lesser offences can include second-degree murder or manslaughter.
Forward’s June 27 email to other chiefs says he had already conveyed his regret to the RCMP about the error and that he was sorry he couldn’t share more information.
“I simply ask for patience and understanding that providing more information will only serve to further complicate and risk other components of the affected files.”
A spokesperson for the Fredericton police said in a recent statement that Scott’s review is ongoing and a report is expected by the end of the year.
As that review was being planned, the records released to CBC show the Fredericton police professional standards unit filed a service complaint with the police commission on behalf of the chief.
“Given the gravity of these matters and the absence of criminal accountability in both cases, Chief Forward respectfully requests that the Commission formally process this complaint under its oversight mandate,” the July 8 complaint states.
The commission is an independent civilian oversight body that oversees complaints about municipal police conduct or service. Complaints can be filed by any member of the public.
Lawyer's review to 'inform' complaint outcome
A service complaint is about services or policies of a force, while a conduct complaint is about actions of a specific officer.
The police commission told CBC News earlier this year that legislation prevented it from saying whether a complaint had been filed.
Marc Léger, the commission’s chair, recently confirmed to CBC that it received a service complaint and Scott’s review would “inform the outcome” of it.
Léger said if the review finds breaches of the police code of conduct, those would be brought to the chief’s attention and filed with the commission for investigation.
The documents released to CBC show Fredericton’s chief administrative officer, Steven Hart, suggested the review be the basis of the police commission investigation. Forward’s response shows he agreed.
Michael Boudreau, a criminology professor at St. Thomas University in Fredericton, said in an interview that it was surprising to see the complaint filed before the result of the independent review is known.
But, Boudreau said it shows Forward is concerned.
“It's publicly embarrassing for the police department and by putting in the complaint now, I think they're trying to show that they are taking this matter very seriously,” Boudreau said.
“They're trying to be as transparent as possible, at least from their perspective, and ultimately, depending on what happens with the independent review and now with this complaint, we may see some police officers lose their jobs.”
The police force hasn’t said if anyone has been disciplined or fired over the error.
Council told to 'refrain from comment'
Other records released to CBC outline how municipal and police communications officials handled news media. Hart, the CAO, wrote to council on June 27 saying it should “refrain from comment” and defer to the police force.
In the days after the charges were stayed, requests to interview councillors and the mayor were met with statements that laws prevented elected officials from commenting. The city hasn’t said which sections of laws say that, and the records released to CBC show internal uncertainty.
“I’m not certain which legislation limits the mayor and council’s ability to comment on or influence policing — the Police Act or the Local Governance Act, or both?” Shasta Stairs, the city’s manager of communications, wrote in a July 2 email.
“I’ve checked with Megan [Barker] at FPF, but she wasn’t certain either,” referring to a spokesperson for the force.
Other records show Deborah Nobes, the city’s managing director of strategic communications, asking that police delay issuing a statement about Scott’s review.
“Hoping the timeline for release will be delayed,” Nobes wrote July 9. "We will have reporters in city hall for an event with the mayor on physician recruitment at that time."
The statement was issued two hours later than initially planned, after the event with the mayor.
Nobes was a senior manager for CBC New Brunswick between 2019 and 2021.
When Mayor Kate Rogers did field questions from CBC in mid-July, Rogers expressed confidence in the police chief.
Rogers said council wasn’t briefed on what led to the stayed charges. “I’m not able to be,” she said, referencing the Canada Evidence Act.
Asked if the review could be considered transparent if the issue isn’t disclosed, Rogers said: “I think it's not my place to speak on the transparency. All of that has been determined by acts, by provincial and federal acts that determine what is necessary for the public to be made aware of.”
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Saint John police chief granted intervener status in officers’ lawsuit over dismissed complaints
Chief Robert Bruce argues his reputation, dignity and privacy at issue
The chief of the Saint John Police Force will get to weigh in on a request by nine officers to have the Court of King’s Bench review the dismissal of their conduct complaints against him.
Nine officers are seeking a judicial review of the dismissal of their “workplace harassment” complaints by the New Brunswick Police Commission and the Saint John Board of Police Commissioners, according to the provincial association that advocates on behalf of municipal officers.
Chief Robert Bruce is not a party in the proceeding but requested intervener status, arguing he had a “direct legal interest in the outcome.”
“If judicial review is granted and the decisions to dismiss the conduct complaints are quashed, I will be directly impacted as the effect of such a decision would be to reopen the conduct complaints,” he wrote in an affidavit sworn Oct. 16.
Saint John police chief granted intervener status in lawsuit over dismissed complaintsHe was granted intervener status by consent of the parties Nov. 13.
No information about the nature of the complaints has been released, and court documents that contain details about the allegations, including affidavits from the officers, are under a temporary sealing order.
7 complaints ‘summarily dismissed,’ 2 ‘partially’
But according to Bruce’s affidavit, which is no longer subject to the sealing order after a judge’s decision, the Saint John board “summarily dismissed” seven of the complaints and “partially” dismissed two “for reasons that include that they were frivolous, vexatious and/or not made in good faith or fell outside the jurisdiction of the Police Act.”
The dismissed complaints were filed by Sgt. Andrew Belyea, Staff Sgt. Andrew MacBean, Const. Christopher Messer, Const. Donald Shannon, Const. Duane Squires, Const. Emily Hobbs and Const. Mary Gellatly, while the other two were filed by Insp. Samantha McInnis and Sgt. Stacy Humphrey.
All of the complaints were filed against Bruce in his role as chief, according to the affidavit.
Bruce, who has been chief of the Saint John force since July 2021, contends he also has an interest in the Saint John board now seeking a permanent publication ban and sealing order.
“It is my professional reputation, individual dignity and privacy that will be impacted if unsubstantiated allegations are made public,” he wrote.
“It is my belief that disclosure could adversely impact the fairness of a hearing or resolution pursuant to the Police Act."
Media challenge sealing order
Justice Kathryn Gregory, who issued the temporary sealing order Sept. 17 at the request of the Saint John board, clarified Nov. 19 that it applies only to materials that reveal the “specifics and/or the substance” of the allegations against Bruce.
With the exception of one paragraph, his affidavit does not fall under the scope of the order and there is nothing to prevent its disclosure, she decided, ruling in favour of CBC News and the Telegraph-Journal.
The media outlets are challenging the sealing order, which limits public access to the documents and publication.
The board, which maintains and operates the force, contends there is a “substantial risk that the public disclosure of these frivolous, vexatious or bad faith allegations may undermine the public confidence in law enforcement.”
The board and provincial commission, which manages the public complaints process into the conduct of municipal and regional police officers in the province, are also seeking to have the matter dismissed, arguing that the complainants don't have the legal standing to seek a judicial review.
A hearing has been scheduled for February.
‘Front-facing representative’ of force
Bruce could not immediately be reached through his lawyer for comment.
He has worked in policing for more than 37 years and is the current president of the New Brunswick Association of Chiefs of Police, according to his affidavit.
In his role as chief, he is the “front-facing representative and spokesperson” of the Saint John force and provides leadership to about 200 uniformed, civilian and auxiliary members, he wrote.
He previously served 33 years with the Ontario Provincial Police, retiring in 2015 as chief superintendent, responsible for about 1,500 uniformed, civilian and auxiliary members.
Bruce said he led a number of “high-risk support services,” including the tactics and rescue unit, which deals with incidents such as hostage takings, barricaded persons and snipers, the emergency response team, explosive disposal and search and rescue.
He has been recognized with “numerous decorations, awards and commendations” during his career, he said.
When he was appointed chief, Bruce committed to staying on for three to five years.
Saint John Police officer charged with breach of trust, another investigated after man injured during arrest
Detective constable due in court Dec. 2, police watchdog reviews use of force by another officer
A Saint John police officer has been criminally charged with breach of public trust following a citizen complaint, while another officer is facing an investigation over a separate incident where a man allegedly suffered serious injuries while being arrested.
An 18-year veteran of the Saint John Police Force, a detective constable, has been charged with breach of trust by a public officer following an investigation by the Kennebecasis Regional Police Force, Staff Sgt. Shawna Fowler said Thursday.
She declined to disclose the officer's name or any details about the nature of the alleged breach, including when it occurred.
But she did tell CBC News the offence occurs "when a person is an official or person of authority and their conduct represented a serious and marked departure from the standards expected of an individual in that position of public trust."
According to the Criminal Code, "every official who, in connection with the duties of their office, commits fraud or a breach of trust, whether or not the fraud or breach of trust would be an offence if it were committed in relation to a private person," is guilty of either an indictable offence or a less serious summary conviction.
The unnamed officer is scheduled to appear in provincial court on Dec. 2 and has been suspended with pay pending the criminal proceedings, the news release said.
An investigation under the New Brunswick Police Act will follow.
“The public’s trust and confidence are paramount to the Saint John Police," Chief Robert Bruce said in a statement.
"We will continue to hold our members to the highest standard of accountability while being transparent," he said, declining further comment while the case is before the courts.
This case did not meet the mandate of the Serious Incident Response Team, known as SIRT, Fowler said.
SIRT investigates all matters in New Brunswick and Nova Scotia that involve death, serious injury, sexual assault and intimate partner violence or other matters determined to be of a public interest that may have arisen from the actions of any police officer on or off duty.
Police chase after collision
Meanwhile, SIRT is investigating the actions of another officer during an arrest on July 5, around 2:15 a.m., following an internal review.
Saint John Police and New Brunswick Public Prosecution Services referred this incident to SIRT "due to the use of force," the police watchdog said in a news release Thursday.
Officers responded to a collision on the Harbour Bridge that morning and pursued a man in a vehicle who had allegedly fled the scene, was driving erratically and nearly struck an officer who was outside of their police vehicle, according to the agency.
The chased vehicle eventually "became disabled" and stopped on Main Street North, where "multiple officers engaged with the driver," the release said.
Serious injury to eye and ribs
He was taken into custody and transported to the hospital to be treated for his injuries.
"SIRT has taken some preliminary investigative steps and has learned the male suffered a serious injury to his eye and ribs," the release said.
"Due to the serious injury sustained by the male, SIRT has assumed responsibility for this investigation."
The officer who is the subject of SIRT’s investigation will remain on active duty pending the outcome, Fowler said.
She declined further comment, citing the ongoing investigation.
Anyone with information is asked to contact SIRT by calling 1-855-450-2010 or via email at sirt@gov.ns.ca.
Fredericton police chief commits to changes after collapsed murder cases
No criminal charges or discipline recommended after review
An error by Fredericton police that thwarted murder prosecutions this year won't result in criminal charges or disciplinary proceedings, but the police chief says a series of recommended policy changes will be enacted.
Murder charges against five people related to two Fredericton-area homicides were stayed in June, effectively ending the cases. The nature of the problem that led to the stayed charges hasn't been released.
Ian D. Scott, an Ontario lawyer hired by the force to review what happened, described it Friday as "obstruction of justice," because the accused weren’t tried. But he didn’t call for criminal charges.
"What happened here was just regrettable and really more a systemic failure, as opposed to one individual who was committing any form of criminal act," Scott told reporters Friday.
Scott outlined his findings and released a report at a news conference Friday alongside Fredericton Police Force Chief Gary Forward.
Scott said there could have been a disciplinary charge of "neglect of duty" under the provincial Police Act against a member of the police force. However, that won’t happen since the person no longer works for the police.
The chief said the person left before the error was discovered. Their role and name were not disclosed Friday.
Scott’s report has 19 recommendations related to investigations of major crimes like homicides. They include staffing changes, training, file management, updating policies and procedures, and exploring an integrated provincial homicide unit.
Scott said other recommendations related to the error have not been made public, as they could reveal the nature of the error.
6 murder charges stayed because of “confluence of factors,” report finds“We fully accept the findings of the independent review and are committed to implementing all 19 recommendations,” Chief Forward told reporters.
“These recommendations will strengthen our training, oversight, file management and staffing.”
On June 27, Fredericton-region homicide cases came to a halt when the Crown stayed charges against Erica Lea Ann Blyth, Joshua John McIsaac, Devon Mark Hill Hood, Matthew David LeBlanc and Travis James Snowsell.
Blyth, McIsaac, Hood and LeBlanc were accused of killing Brandon Donelan. McIsaac was also accused, along with Snowsell, of killing Corey Markey.
Markey was shot on Fredericton's north side early on Dec. 21, 2022, and died in hospital eight days later. Donelan was reported missing Jan. 30, 2022. His body was found in a wooded area off a snowmobile trail between Minto and Chipman on March 31, 2022.
The cases were proceeding toward trial, with McIsaac nearing a guilty plea on lesser charges, when an issue arose.
Forward said on Friday that a detective reviewing the case discovered an issue that was then brought to the Crown's attention and led to the stays.
Scott said the specifics of the error can't be shared due to provisions in the Canada Evidence Act dictating that certain things must be kept secret. He said that, generally, those things can include national security or police investigative techniques.
“There are evidentiary rules which transcend the importance of bringing the accused in a specific case to justice,” Scott said.
“The Canada Evidence Act and related case law prevent disclosure of this information," he said. "They not only prevent me, they prevent anybody within the criminal justice system from disclosing this information.”
Scott said that in general, his review found the force’s investigations were professional and well managed, until they became more complex.
Forward reiterated an apology to Markey and Donelan's families about what unfolded.
“We are here today not to make excuses. We are here to acknowledge our mistake, to learn from it, and to do better moving forward,” the chief said.
Fredericton Mayor Kate Rogers said she had met with Scott to discuss his findings. She told reporters she has confidence in the chief and the force’s major crimes unit.
Scott told reporters he had met with Donelan’s sister, Jessica Donelan, on Friday before releasing the report and outlined his findings. He said Markey’s family declined to meet him.
The Fredericton police error in the Markey case also affected the RCMP investigation into Donelan’s death.
An RCMP spokesperson said the force wouldn’t be able to comment Friday, as it hadn’t been provided a copy of the report in advance of its release.
The staying of these charges shook public confidence in the criminal justice system and deprived everyone, especially the family members, of a public trial.
- Ian D. Scott
At several points, Scott and Forward alluded to the unprecedented nature of what unfolded.
"I have never heard of such a singular event," Scott wrote in his report. He noted to reporters he has been a lawyer for 40 years and served several of those as director of Ontario’s police watchdog agency.
“The impact of these matters on the Fredericton community and on the families of Corey Markey and Brandon Donelan could not be adequately expressed in words,” Scott said.
“The staying of these charges shook public confidence in the criminal justice system and deprived everyone, especially the family members, of a public trial.”
Forward said the force will begin implementing Scott’s recommendations in the coming months, and will report progress publicly to a city council public safety committee.
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Police watchdog clears 2 N.B. Mounties of criminal wrongdoing in impaired case of officer's son
Serious Incident Response Team investigation finds no evidence of breach of trust, obstruction of justice
Two New Brunswick Mounties have been cleared of any criminal wrongdoing in connection with an impaired driving investigation involving the son of one of the RCMP officers.
The Serious Incident Response Team, known as SIRT, launched an investigation in June into allegations the unnamed officer from Sussex used his role as an RCMP officer to influence the outcome of the impaired driving investigation.
Another unnamed officer from the Caledonia detachment in Riverview was also accused of attempting to influence the outcome of the investigation.
On Monday, Erin Nauss, director of the independent police watchdog agency, said she "found no reasonable grounds to believe" the officers committed a criminal offence.
The case stems from a single-vehicle collision on Feb. 11 where the officer's son's car wound up in a ditch near Henderson Settlement, a rural area around 30 kilometres west of Sussex.
Son failed roadside breathalyzer
A Department of Public Safety officer pulled over to assist the driver, suspected the young man was impaired and conducted a roadside breathalyzer test, which he failed. The officer issued an immediate roadside driving suspension.
The driver's father was in his RCMP vehicle when he received a call from his wife and learned his son was under arrest. He attended the scene, but did not intervene, according to Nauss's report.
The officer later "became aware of some potential errors and issues with the investigation" and his son launched an appeal of his licence suspension with the motor vehicle branch, which was subsequently denied, she said.
While that appeal was ongoing, the RCMP officer communicated with Public Safety employees "to try and resolve issues with his son’s file," Nauss said.
"Throughout this communication, [he] stated he was an RCMP officer, and referenced his rank and experience, despite being directed by supervisors not to act in his capacity as an officer when assisting his son with this matter," she said.
Colleague prepared unauthorized report on incident
The officer also provided the Department of Public Safety with an unauthorized RCMP case analysis of the incident, which highlighted errors in the investigation and concluded the driving suspension was improper, Nauss said.
The report was prepared by the other RCMP officer in question, a friend who did not have authority or permission from the RCMP to write a report on the case, she said.
On June 19, Public Safety contacted the RCMP regarding its concerns and the RCMP contacted SIRT, which began its investigation that day.
Actions 'may have been poor judgment'
SIRT investigates all matters that involve death, serious injury, sexual assault and intimate partner violence or other matters determined to be of a public interest that may have arisen from the actions of any police officer on or off-duty in New Brunswick and Nova Scotia.
Nauss investigated the officers for breach of trust by a public officer and obstruction of justice.
She said she found no evidence to conclude either officer acted for a purpose other than the public good.
While the officer whose son was arrested "had a personal interest in the matter, I cannot conclude his actions were dishonest, corrupt, or oppressive," she wrote.
"Some could view his actions as partial, but a review of the evidence indicates that although it may have been poor judgment the behaviour did not rise to this level."
Similarly, while the officers "used their RCMP positions to express their frustration and concerns with the process, there is no evidence to suggest [they] acted in a manner to obstruct, pervert or defeat the course of justice," Nauss said.
Officer felt duty to report concerns with son's case
When asked why he used his RCMP rank and employment in his correspondence with Public Safety employees about his son's case, the officer told the SIRT investigator that is "who he is and he didn’t realize the perception it was creating," according to Nauss's report.
He also stated that he had concerns about the file and felt he had a duty, as a police officer, to report those concerns, it says.
In reviewing all the statements of witnesses and documents, Nauss found the officer never explicitly asked for his son's suspension to be reversed, although it is "reasonable to infer and for the JPS officers to conclude he was seeking an exception for his son."
Still, she could not conclude his actions were "a serious and marked departure from the standards expected of him," she said.
The other officer in question told the SIRT investigator he drafted the case analysis as a favour to his colleague.
While Nauss said he "made a poor decision in doing this," she noted the report was not falsified or misleading, there was no evidence he drafted the report for use in a judicial proceeding, or that he received any benefit for it.
RCMP code of conduct investigation underway
RCMP spokesperson Cpl. Hans Ouellette said he could not comment on SIRT's findings because of "the independent nature of the SIRT investigation."
But he said one of the officers was placed on administrative duties, effective Sept. 18, as a result of the SIRT investigation, while the other member remains on active duty.
The incident also resulted in code of conduct allegations, which are now being investigated by the RCMP's professional standards unit, Ouellette said.
"As the employer, the RCMP will proceed with appropriate actions pending the outcome," he said in an emailed statement.
"RCMP members are expected to hold themselves to a high moral and professional standard. We understand and respect the impact it can have on public trust when there is any allegation that a member has not met the standard that our communities deserve."
Monday, 10 June 2024
From: SIRT <SIRT@novascotia.ca>
Date: Tue, Jun 11, 2024 at 1:27 PM
Subject: RE: Attn Erin Nauss we just talked Correct???
To: David Amos <david.raymond.amos333@gmail.com>
Hello Mr. Amos,
Thank you for your correspondence. All your correspondence has been shared with the Director.From: David Amos <david.raymond.amos333@gmail.com>
Date: Tue, Jun 11, 2024 at 1:09 PM
Subject: Attn Erin Nauss we just talked Correct???
To: <sirt@gov.ns.ca>
Monday 10 June 2024
Monday 10 June 2024
RE The Killing of David Amos and His Family
Deja Vu Anyone???
https://davidraymondamos3.
Friday 2 April 2021
Russia warns NATO against deploying troops to Ukraine
Deja Vu Anyone???
From: Justice Minister <JUSTMIN@novascotia.ca>
Date: Fri, 27 May 2022 21:32:19 +0000
Subject: Automatic reply: :I called AGAIN today Correct???
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email to the Minister of Justice. Please be assured
that it has been received by the Department. Your email will be
reviewed and addressed accordingly. Thank you.
---------- Original message ----------
From: Premier <PREMIER@novascotia.ca>
Date: Fri, 27 May 2022 21:31:47 +0000
Subject: Thank you for your email
To: David Amos <david.raymond.amos333@gmail.
Thank you for your email to Premier Houston. This is an automatic
confirmation your message has been received.
As we are currently experiencing higher than normal volumes of
correspondence, there may be delays in the response time for
correspondence identified as requiring a response.
If you are looking for the most up-to-date information from the
Government of Nova Scotia please visit:
http://novascotia.ca<https://
Thank you,
Premier’s Correspondence Team
---------- Original message ----------
From: Ministerial Correspondence Unit - Justice Canada <mcu@justice.gc.ca>
Date: Fri, 27 May 2022 21:27:13 +0000
Subject: Automatic Reply
To: David Amos <david.raymond.amos333@gmail.
Thank you for writing to the Honourable David Lametti, Minister of
Justice and Attorney General of Canada.
Due to the volume of correspondence addressed to the Minister, please
note that there may be a delay in processing your email. Rest assured
that your message will be carefully reviewed.
We do not respond to correspondence that contains offensive language.
-------------------
Merci d'avoir écrit à l'honorable David Lametti, ministre de la
Justice et procureur général du Canada.
En raison du volume de correspondance adressée au ministre, veuillez
prendre note qu'il pourrait y avoir un retard dans le traitement de
votre courriel. Nous tenons à vous assurer que votre message sera lu
avec soin.
Nous ne répondons pas à la correspondance contenant un langage offensant.
---------- Original message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Fri, 27 May 2022 18:23:52 -0300
Subject: :I called AGAIN today Correct???
To: dmacneil@truro.ca, dpike@amherst.ca, bourdap@halifax.ca,
mayor@halifax.ca, mackins@halifax.ca
Cc: motomaniac333 <motomaniac333@gmail.com>, PREMIER
<PREMIER@gov.ns.ca>, JUSTMIN@novascotia.ca, mcu@justice.gc.ca
https://davidraymondamos3.
Friday, 27 May 2022
RCMP wanted 2011 tip about N.S. gunman to 'go away': Truro police chief
Independent watchdog investigating after man dies following 'interaction' with RCMP in Shediac
Unidentified 43-year-old died after being Tasered by police during medical call
The Serious Incident Response Team is investigating an incident in Shediac last week that led to the death of a 43-year-old man after an "interaction" with RCMP during a medical call.
According to a news release from SIRT on Wednesday, emergency medical services were sent to a residence on May 29 for a man "in medical distress." Southeast RCMP were called to assist.
"When police arrived, they entered the residence and located the male," states the news release. "An altercation ensued between police and the male and a taser was deployed."
The man went into "medical distress" and was taken to hospital where he later died.
When reached by phone Wednesday, SIRT director Erin Nauss said the incident occurred at an apartment in Shediac. She declined to provide other details, including the nature of the medical problem, since they will become part of the investigation of the incident.
The team is responsible for investigating all matters that involve death, serious injury, sexual assault and intimate partner violence or other matters of a public interest that may have arisen from the actions of a police officer.
Erin Nauss, director of the Serious Incident Response Team, also known as SIRT. (Submitted by Erin Nauss)
The Nova Scotia-based response team investigates incidents in Nova Scotia and New Brunswick.
Last October, SIRT opened a New Brunswick office in Marysville Place in Fredericton. Earlier in the year, the province finalized an agreement with Nova Scotia to expand SIRT to New Brunswick, with its own office and resources, to investigate serious incidents involving police officers — and more than two years after an agreement in principle.
The Nova Scotia-based response team has been the go-to agency, but it didn't always have the resources to take on New Brunswick investigations, forcing the province to look elsewhere for cases, including the two high-profile shooting deaths of Chantel Moore and Rodney Levi in June 2020.
Nauss said SIRT currently has 10 "active/open" investigations in New Brunswick.
All SIRT investigations "are under the direction and control of an independent civilian director, who has the sole authority to determine if charges should be laid at the conclusion of an investigation," according to the press release on the Shediac incident.
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Related Stories
Inquest into Hampton RCMP shooting death ends with 6 recommendations
Ryan Nowlan was shot by 2 officers at his Kingston Peninsula home in 2021
A coroner's inquest into the death of a man who was shot by Hampton RCMP while responding to a domestic violence call at his home has ended with six recommendations to prevent a similar death.
The jury delivered its recommendations Wednesday afternoon after hearing evidence from 12 witnesses over two days regarding the death of Ryan Nowlan.
Nowlan, 39, was Tasered and then shot twice by two officers after they found him armed with a utility knife in a closet in his basement during the early morning hours Dec. 31, 2021. He had choked his ex-partner, slammed her head into a door and threatened to burn down the home they still shared after he was woken up by one of their three children who got up to use the washroom.
Nowlan was later pronounced dead at the Saint John Regional Hospital from the gunshot wounds to his chest and abdomen, and the blood loss associated with those — at least a litre, the pathologist testified. The coroner's death certificate lists the manner of death as homicide.
The five jurors recommended more extensive and continual training for law enforcement regarding domestic violence.
Hampton
RCMP constables Monique Sears and Christian Cunningham found Ryan
Nowlan armed with this utility knife when they responded to his home on
the Kingston Peninsula, the jury heard. He refused to drop the knife, so
Cunningham Tasered him. Nowlan then lunged at the officers, so they
both shot him. (Coroner Services)
Officers involved in a domestic dispute should also have "adequate background knowledge" on a suspect prior to entering the premises, they said.
Re-entering potential high-threat areas to retrieve non-vital belongings should be avoided, as should further contact between a victim and perpetrator in domestic disputes.
In addition, the jury recommended that people with a history of restraining orders in domestic violence cases be required to receive mental health treatment and that victims of domestic violence have better access to available resources.
The basement closet area of Nowlan's Kiersteadville Road home where
police found him armed with a utility knife and shot him. (Coroner
Services)
Presiding coroner Michael Johnston said he'll deliver the recommendations to the relevant agencies.
Those agencies will have about six months to respond, he said. The recommendations are comprehensive and they need time to consider their impact.
Johnston noted they are recommendations only — not orders, but any responses will be included in the coroner's annual report, he said.
"It is through this process that the community can be satisfied that the death has not been overlooked, concealed or ignored."
Domestic violence death review pending
The province's domestic violence death review committee will now review Nowlan's case, according to deputy chief coroner of administration Emily Caissy, who chairs the committee.
A review has been "on pause" pending the outcome of the coroner's inquest, she testified Wednesday.
The multidisciplinary committee, made up of scholars, physicians, police officers and frontline workers, reviews all deaths where domestic violence was a contributing factor.
The investigating coroner, Walt McKinney, determined domestic violence was a contributing factor in Nowlan's case, said Caissy. He identified 28 of the 43 potential "lethality" or risk factors, she said.
These included a history of domestic violence, including an assault while the victim was pregnant, prior threats to kill the victim, prior stalking or harassment of the victim, prior hostage-taking or forcible confinement, and threats against the children.
The inquest was held Tuesday and Wednesday at the Saint John Law Courts building. (Roger Cosman/CBC)
Other factors included an escalation of violence, a sense of fear of the perpetrator, having a protective order or peace bond, excessive alcohol or drug use by the perpetrator, depression in the opinion of family, friends or acquaintances, other mental health or psychiatric problems, and a failure to comply with authority
The committee, which aims to reduce the incidence of deaths attributed to domestic violence, typically comes up with recommendations, said Caissy.
For example, it has previously recommended more training on domestic violence for police officers and other agencies, such as the nurses' association, she said. It has also recommended awareness campaigns to ensure people are aware of the risk factors.
Knife dictates firearm being drawn, instructor testifies
Earlier in the day the jury heard from Sgt. Luc Samson of the Grand-Bay Westfield RCMP, who was the on-call sergeant for the district on the day of the shooting.
Samson, a 17-year veteran of the RCMP and a use-of-force instructor, said "there's a million things" that police consider going into a situation.
These can include the person's behaviour, criminal record, mental health or history of substance abuse, he said, along with "situational factors," such as where the incident is occurring and whether any children are present, as well as their personal experience dealing with similar circumstances.
Options on the "continuum of force" range from mere police presence, "all the way to lethal force being used where we fear death or grievous body harm" to police or members of the public, said Samson.
Grand
Bay-Westfield RCMP Sgt. Luc Samson said New Brunswick Mounties go to
Fredericton every three years for a week of training on a wide range of
issues to get recertified. (Graham Thompson/CBC)
No two situations are the same and the use of force is "based on the totality of the situation."
But he noted officers are taught at the RCMP academy that if someone is armed with an edged weapon, such as a knife or box-cutter, it's important to draw their firearm.
"The knife scenario is a pretty basic one because it's a very easy, recognizable risk," said Samson. "'He's got a knife, I could die.'"
RCMP also have a 21-foot rule when it comes to edged weapons, he told the jury.
"The odds are 99 per cent of the time the person will close [that] distance to you faster than you will have the reaction, 'Holy smokes, someone's coming at me with a knife, I need to draw my firearm' — draw it and then discharge it. … And it can be a fatal encounter for you."
'Only option available'
Luc Côté, team commander of Nova Scotia's Serious Incident Response Team (SiRT), testified that shooting Nowlan was "the only option available to the officers."
SiRT, an independent police watchdog agency, was called in to investigate the officer-involved shooting and found no grounds to lay charges against the two officers. The force used was "justified and not excessive," the May 2022 report concluded.
Côté, who became involved in the Nowlan file as an investigator in March 2022 when the previous investigator retired, said not all cases are "as clear as what we have in this case."
Nova
Scotia's Serious Incident Response Team investigation relied on the
RCMP to assist in its investigation of the 2021 officer-involved
shooting, said team commander Luc Côté, but would now seek the services
of outside agencies rather than use the same force involved to 'ensure
transparency and independence,' he said. (Roger Cosman/CBC)
Had Nowlan dropped the knife, or had nothing in his hands and put his hands up, "I know it's hindsight … but there's a high likelihood that that would have been the end of the interaction," he said. The officers would have simply arrested him and taken him into custody.
"Mr. Nowlan had a say in what took place on that day," said Côté. "He made a conscious decision …to pick up a utility knife, he made the conscious decision to refuse to drop the knife.
"He also just made the decision to lunge at the police officers."
In cardiac arrest more than 30 minutes
The jury also heard from the emergency room physician who treated Nowlan. Dr. Jaynanand Mekwan said Nowlan was in cardiac arrest when he arrived.
The rate of recovery from cardiac arrest in a non-traumatic event is only about 10 to 30 per cent, he said, and in a traumatic event, such as a shooting, it drops to about two per cent "in the most favourable circumstances."
Mekwan made an incision in Nowlan's chest to try to relieve the pressure and blood "started to pour out," but his heart never restarted. Mekwan declared Nowlan dead at 6:03 a.m., after more than 30 minutes without a pulse.
Forensic pathologist Dr. Ken Obenson, who performed the autopsy, said the gunshot wound to Nowlan's chest was the "most severe," as it caused "extensive trauma" to his liver, spleen and left kidney.
A toxicology analysis showed the presence of cannabis, but no illicit drugs or alcohol.
Mountie 'broke down' after learning man she shot in 2021 died, coroner's inquest hears
Ryan Nowlan, 39, was shot twice by 2 Hampton RCMP officers during domestic call at Kingston Peninsula home
One of the RCMP officers who fatally shot a knife-wielding man on the Kingston Peninsula while responding to a domestic call on New Year's eve in 2021 "broke down" when she learned the man had died, according to a colleague.
Hampton Const. Mike Alward told a coroner's inquest he was the one who informed now-retired Const. Monique Sears of Ryan Nowlan's death.
"It was one of the hardest things I've had to do with a coworker was to tell her that unfortunately, Ryan was no longer with us," he said.
Nowlan, 39, was pronounced dead at the Saint John Regional Hospital shortly after 6 a.m., the jury heard. He had been Tasered and shot twice by police — in the right shoulder and right abdomen.
An investigation by an independent police watchdog agency in May 2022 found no grounds to lay charges against the two officers — now identified as Sears and Const. Christian Cunningham.
Nowlan, who was not named at the time, had assaulted his ex-partner, threatened to burn down their home and attacked police while armed with a utility knife, according to a report by Nova Scotia's Serious Incident Response Team.
The force the officers used "was justified and not excessive," it concluded.
Sears, who was injured in an altercation with Nowlan at his home on Kiersteadville Road, and was at the hospital, had asked how he was "making out," said Alward.
"So I took a deep breath and I said, 'Monique, why don't we wait and I'll check in on you a little bit later?
"She goes, 'No, I need to know now, I need peace of mind. I want to know how he's making out, how he's doing.'
Alward said he struggled to find the right words and when he told her, "instantaneously, she broke down and she was emotional."
He was glad Sears's husband was there with her, he added. "He took care of her and just consoled her."
The inquest, which began Tuesday at the Saint John Law Courts building,
is scheduled to continue until Friday. (Roger Cosman/CBC)
A coroner's inquest into Nowlan's death was announced last Friday and began Tuesday at the Saint John Law Courts building. Presiding coroner Michael Johnston and a jury made up of three men and two women are publicly hearing evidence from witnesses to determine the facts surrounding his death.
The jury will also have the opportunity to make recommendations to prevent other deaths under similar circumstances.
Alward told the jury he was off duty but on-call when he was dispatched at 4:40 a.m. to "an incident at an address that the night shift needed assistance with."
"I didn't receive a whole lot of information, other than I needed to get to the address," he said.
While en route, Alward was told he needed instead to find and follow the ambulance Nowlan was in and arrest him at the hospital.
He waited in the emergency department, where Nowlan was being treated behind closed curtains. There were "a lot of comings and goings," he said.
Once Nowlan was declared dead, Alward said he called the coroner and later assisted staff in transporting his body to the morgue to ensure continuity.
Paramedic didn't think he'd survive
The jury also heard from Nathan Archibald, one of the primary care paramedics who attended Nowlan's home around 4:53 a.m.
Nowlan was on the floor in the basement, and saying he couldn't breathe, said Archibald.
Archibald noted the police Taser prongs were still in Nowlan's shirt and when he cut off the shirt, he saw the two gunshot wounds.
There wasn't much blood, he said, but Nowlan's abdomen was distended, which can be a sign of internal bleeding. Later on, it became evident he also had a collapsed his lung, he said.
He was getting worse very fast. I had the impression that he would not be alive by the time we got to the hospital.
- Nathan Archibald, paramedic
By the time they headed to the hospital, around 5:15 a.m., Nowlan's heart rate had dropped from around 140 beats per minute to 90.
"Usually when your body starts to lose massive amounts of blood, your blood pressure will fall quite quickly and as a compensation mechanism, your body will start increasing your heart rate to match your blood pressure," said Archibald.
"So it seemed as though he was his body was starting to decompensate, so he was starting to basically lose his fight, I guess."
On the way to the hospital, Nowlan's heart rate and respiratory rate both kept falling and it was harder to keep him awake.
"He was getting worse very fast," said Archibald.
"I had the impression that he would not be alive by the time we got to the hospital."
Suffered cardiac arrest in ambulance
Archibald had requested assistance from advanced-care paramedic Caleb Cummings.
Cummings told the jury he's trained to perform more procedures and dispense more medications, and carries extra equipment in his "clinical support unit." He typically goes to all "high-acuity calls" within a 15-minute radius of City Road in Saint John, where he's stationed, he said.
That night, he heard the dispatch call regarding gunshot wounds and started heading in that direction, "just to be ready." Once he received the request for backup at 4:58 a.m., he proceeded with his vehicle's emergency lights and siren on, he said.
Cummings met the ambulance at the Hampton onramp to Highway 1 heading west toward Saint John at 5:25 a.m., grabbed his gear and jumped in the back with Archibald a couple of minutes later. He estimates they remained on the side of the road for about three minutes before proceeding to the hospital.
Nowlan was pale and unresponsive, he said. He wasn't breathing and went into cardiac arrest.
Cummings gave him three rounds of epinephrine five minutes apart to try to get his heart beating properly again. They also continued chest compressions, but Nowlan had no heartbeat for about 20 minutes by the time they arrived at the hospital, he said.
Upset about being awoken by daughter
Earlier in the day, the inquest heard from the two Mounties as well as Nowlan's ex-partner.
She went to the Hampton RCMP detachment during the early morning hours to report she had been assaulted by Nowlan in the house they still shared with their three children.
Nowlan became upset when he was woken up by one of the children who got up to use the washroom.
Nowlan assaulted the woman by choking her and "pushing her head into a door with enough force as to cause visible damage to the door," according to the report by Nova Scotia's Serious Incident Response Team.
He also threatened to burn down the house if she left the residence or called the police, and then took away her cellphone, as well as her daughter's.
She fled to the police detachment with her daughter, but their young son was still in the home, sleeping, while the third child was staying elsewhere that night.
Refused to drop knife
The Mounties accompanied the woman back to the house to retrieve some clothing from the basement, when they were confronted by Nowlan, who was hiding inside, with a utility knife in his hand.
He refused to drop the knife, so Cunningham Tasered him, the jury heard. Nowlan fell but got back up and the Taser didn't work a second time so Sears shot him in the shoulder.
Nowlan punched Sears in the face with the handle of the knife, causing a laceration above her eye and to her cheek, then advanced toward Cunningham who shot him in the abdomen.
Nowlan's stepmother sat in the front row for the proceedings with her two brothers.
The inquest continues Wednesday. It's scheduled to last four days.
Saturday, 21 June 2025
Dispersing the Fog
There are many lingering questions about the two-day killing spree by Gabriel Wortman that killed 22 people in 2020 in Nova Scotia, even after a joint federal/provincial commission wrapped up its inquiry. Investigative journalist Paul Palango joins Brian to discuss why he thinks all signs point to RCMP covering up that Wortman was working undercover for them before his rampage, as he exposes in his new book, Anatomy of a Cover-Up. He explains that it’s why police did nothing about reports that Wortman had illegal guns, and why the story of Wortman’s eventual killing by cop, and the account of his girlfriend, don’t line up with the evidence. If he’s right, then Canadians have been fed a lot of lies by officials — and we finally deserve the truth. (Recorded June 12, 2025)
Dispersing the Fog - Ep 14 - Anatomy of a Coverup, Audio Book Excerpts and Commentary
Adam Rodgers - Nova Scotia Lawyer 
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