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New Brunswick

Lawyers continue fight for documents in Michel Vienneau case

Court of Queens Bench Justice Larry Landry told the court Wednesday he couldn't make an immediate decision on whether to order the coroner's office and the RCMP to produce documents pertinent to Michel Vienneau's death.

Court of Queen's Bench Justice Larry Landry reserves decision in motion connected to civil suit

Michel Vienneau and common law partner, Annick Basque, were coming off a Via Rail train from Montreal. (Facebook)

Court of Queens Bench JusticeLarryLandrytold the courtWednesday he couldn't make an immediate decision on whether to order the coroner's office and the RCMP to produce documents pertinent to Michel Vienneau's death.

Vienneau's common-law partner, Annick Basque, and her lawyer, Charles Leblanc, made a motion to request that police and government submit documents to assist in their lawsuit against the City of Bathurst.

Vienneau, 51, was shot and killed by a Bathurst police officer Jan. 12, 2015 after he was apprehended in his car outside the Bathurst Via Rail station.

Basque was also in the car at the time of the shooting. She alleges Vienneau's death is a result of police negligence.

Her lawyer is asking for several documents to be produced, including

  • Copy of the toxicology report and results of Michel Vienneau's autopsy.
  • List of items seized by RCMP, and their scene reconstruction and ballistics reports.
  • Written statements by all persons interviewed by RCMP investigators.
  • Copies of investigators' notes and general occurrence reports.

Leblanc made the case in court thatpolice notes in his possession are incomplete and some do not follow policeprotocol. He saidtoo much time passed between the incident and the writing of reports. For this reason, he is trying to obtain as much information on the incident as possible.

A snowy scene with multiple vehicles behind yellow police tape with a train station in the background.
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)
Leblancalso mentioned that while he has faith in law enforcement, he is forced to question them, since 10 months have passed since the shooting, and the RCMP's investigation has still not been made public. No charges have been laid in relation to the incident.

Catherine McIntyre, representing the Attorney General of Canada on behalf of the RCMPrepliedthe investigation into the incident is ongoing, and criminal charges may still be laid.

Landry asked when, since no timeline has been provided. The lawyer was unable to answer definitively, saying only that there would be news soon.

Maya Hamou,representing the coroner's and provincial office of the Attorney General,made a similar argument for postponing the production of documents. She toldLandry that while the investigation into Michel Vienneau's death continues, there is a risk in compromising it by producing documents that could be pertinent to a future criminal case.

She also mentioned that Annick Basque could be a key witness in any future criminal cases relating to Vienneau's death.

Landry told the court he would submit his decision in writing within a reasonable time frame.

Corrections

  • In an earlier version of this story, we had the names of Catherine McIntyre and Maya Hamou reversed.
    Nov 12, 2015 7:36 PM AT