Annick Basque files second lawsuit against City of Bathurst

Basque asserts she was arrested using excessive force, and without cause. Basque is seeking financial compensation for damages. This is her second lawsuit against the City of Bathurst, responsible for the city’s police force. She is also suing the city for damages and loss of income resulting from Michel Vienneau’s death

Michel Vienneau's widow seeks damages for her arrest when Vienneau was shot and killed by police

Michel Vienneau and common law partner, Annick Basque, were coming off a Via Rail train from Montreal. (Facebook)
The Via Rail train station in Bathurst was cordoned off for a week following the January 2015 shooting death of Michel Vienneau. (Bridget Yard/CBC)
Annick Basque asserts she was arrested using excessive force and without cause in January when her common-law husband, Michael Vienneau, was shot and killed by Bathurst police.

Basque makes the statements in a statement of claim filed Nov. 19 in a second lawsuit she has initiated against the City of Bathurst. She is also suing the city, which is responsible for the police force, for damages and loss of income resulting from Vienneau's death, which say says is a direct result of police negligence.

In Basque's second lawsuit, she is seeking financial compensation for damages.

Vienneau, 51, was shot by Bathurst police outside the Bathurst Via Rail station in January. Two officers, Const. Mathieu Boudreau, 26, and Const.Patrick Bulger,38, have been charged with manslaughter in relation to Vienneau's death.

Basque says in her statement of claim in the second lawsuit that she was arrested forcibly and without reason on the day of  Vienneau's death.

Csts Boudreau and Bulger will appear in provincial court in Bathurst on Jan. 4, 2016. Both officers are suspended from the Bathurst police force with pay. (Bridget Yard/CBC News)
She recounts her version of the events outside Via Rail on Jan. 12 in more detail than in previous court documents.

She says in the statement of claim that she and Vienneau were returning from a short vacation, and recent terrorist attacks were heavy on their minds. In light of the Charlie Hebdo attacks in Paris five days earlier, and the deaths of two soldiers in Quebec and on Parliament Hill in October, the couple was on edge.

Meanwhile, unbeknownst to the couple, Bathurst police had received an anonymous Crime Stoppers tip saying Vienneau was in possession of illegal drugs.

Basque's statement of claim describes the couple's arrival in Bathurst around 11:15 a.m. on Jan. 12. She says they got off the train and walked to their car before placing their luggage in Vienneau's vehicle. Vienneau cleared snow off the car, got into the vehicle, and put it in reverse.

Basque claims plainclothes police observed the couple during this time, and made no move to approach them.

After the vehicle was in motion, Basque says a car occupied by Boudreau and Bulger blocked Vienneau's car. Two policemen got out of the vehicle, brandishing their revolvers.

Basque says in the court documents that she believed she was the victim of a terrorist attack, and thought the plainclothes officers were going to kill her.

Vienneau told Basque to get down, and pressed the gas, moving the vehicle. Then shots were fired, killing him.

Basque describes being forcibly removed from the vehicle and handcuffed shortly after Vienneau was killed.

Her cell phone was seized and she was told that she was under arrest for possession of illegal drugs with intent to traffic, then she was brought to the Bathurst detachment.

Basque says in her statement of claim that there is no evidence to support her arrest. She says no drugs were found in her or Vienneau's possession, or in their vehicle, and they had not committed any criminal acts.

Basque's claims are made in court documents and have not been proven in court.

At a news conference announcing the manslaughter charges against two police officers, an RCMP officer told reporters the review of the Bathurst police investigation by Nova Scotia RCMP did not find that Michel Vienneau had committed any criminal acts.

The City of Bathurst has yet to file a statement of defence.