RCMP court case on Labour Code charges delayed until Sept. 24
Public Prosecution Service of Canada recommended charges in wake of shooting that killed 3 Mounties
The matter was set over during a brief provincial court session in Moncton on Thursday.
Defence attorney Scott McCrossin, acting as an agent for Ottawa lawyer Normal Boxall, asked for more time to review the case.
The RCMP waived reading of the charges in court.
No single RCMP manager or supervisor is named in the charges under the labour code.
Employment and Social Development Canada investigates the death of any federal government employee who dies while on the job.
Const.Douglas James Larche, 40, Const. Dave Joseph Ross, 32, and Const. Fabrice Georges Gevaudan, 45, where shot and killed by Bourque as he wandered through a Moncton neighbourhood on the evening on June 4, 2014. Const. Éric Stéphane J. Dubois and Const. Marie Darlene and Goguen were wounded by Bourque.
The charges against the RCMP relate to equipment, training and supervision and fall under Part II, Section 148(1), of the Canada Labour Code.Anyone found guilty of an indictable offence under the section faces a maximum fine of $1 million and two years in prison. The maximum sentence for a less serious summary conviction on the charge is a maximum fine of $100,000 with no jail time.
No selection has been made on whether the Crown will proceed with the case by way of indictment or summary.
Nicole Angers, acting as an agent for Crown prosecutor Paul Adams of Halifax, said the decision on which type of charge to pursue has not yet been made.
"That will have to be addressed by Mr. Adams," she said outside the Moncton Law Courts building.
"Those are pretty basic summary conviction offences or indictable offences and that will be determined by Mr. Adams."
The charges include:
- Failing to provide RCMP members with appropriate use of force equipment and related user training when responding to an active threat or active shooter event.
- Failing to provide RCMP members with appropriate information, instruction and/or training to ensure their health and safety when responding to an active threat or active shooter event in an open environment.
- Failing to provide RCMP supervisory personnel with appropriate information, instruction and/or training to ensure the health and safety of RCMP members when responding to an active threat or active shooter event in an open environment.
- Failing to ensure the health and safety at work of every person employed by it, namely: RCMP members, was protected.
The use of C8 patrol carbines by the RCMP was recommended by an inquiry into the deaths of four RCMP officers in Mayerthorpe, Atla, in 2005.
Alphonse MacNeil's report on the Moncton shooting made 64 recommendations, including several dealing with equipment, training and supervision.
- Members trained in the use of a long-barrelled weapon must ensure the weapon is in the police vehicle while on duty.
- All RCMP members receive a briefing and demonstration on the appropriate use of hard body armour.
- During high stress/high risk incidents a supervisor must clearly provide direction regarding equipment use.
- Training be made available dealing with the difference between cover and concealment, including the penetrative capabilities of bullets from various firearms.
- RCMP examine how it trains frontline supervisors to exercise command and control during critical incidents.
- RCMP provide training to better prepare supervisors to manage and supervise throughout a critical incident until a critical incident commander takes charge.