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RCMP pleas on Labour Code charges in Moncton shootings set for May 12

RCMP pleas on charges they violated the health and safety provisions of the Canada Labour Code in connection with the 2014 Moncton Mountie shootings have been delayed again.

4 charges relate to equipment, training and supervision after 3 officers killed, 2 wounded by Justin Bourque

From left, Const. Douglas James Larche, 40, from Saint John, Const. Dave Joseph Ross, 32, from Victoriaville, Que., and Const. Fabrice Georges Gevaudan, 45, from Boulogne-Billancourt, France, were killed in Moncton on June 4, 2014. (RCMP)

RCMP pleas on charges they violated the health and safety provisions of the Canada Labour Code in connection with the 2014 Moncton Mountie shootings have been delayed again.

The national police force was expected to enter pleas and set a trial date in Moncton provincial court on Thursday afternoon, but the case has been adjourneduntil May 12 at 1:30 p.m.

Apre-trial management conference on the nearlyyear-old chargeswas also expected to be held on Thursday.

Crown prosecutor Paul Adams requested the adjournment, saying there are ongoing discussions between the parties as they work toward a 'possible resolution.' (Kate Letterick/CBC)
But Crown prosecutor Paul Adams told the court there are ongoing discussions between the parties to worktoward a "possible resolution" and they need more time.

Adams did not elaborate on what he meant by "possible resolution," but did say he expects to have a clear idea of where the case is going by the next court appearance.

Judge Troy Sweetagreed to the postponement.

The charges, whichrelate to equipment, training and supervision, wererecommended by the Public ProsecutionService of Canada last year after its investigation into the shooting deaths of three officersand the wounding of two others by gunman JustinBourque.

Lawyer Ian Carter, who represented the RCMP during Thursday's appearance, told reporters outside the courthouse"there's a significant amount of material to go through.

Lawyer Ian Carter represented the RCMP during Thursday's court appearance in Moncton. (Kate Letterick/CBC)
"We're working at narrowing the issues, and to come back and be in a position to tell the court what we're doing, at the next appearance," he said.

The casewas initially scheduled to be heard on July 9, but was adjourned at least threeprevioustimes at the request of the defence.

In January, the RCMP elected to be tried by a provincial court judge.

MarkErtel, who representedthe RCMPduring the court appearance, had described the file as "voluminous and complicated."

Ertelhad requested apre-trial conferenceto go over the material, saying the length of thetrial wouldbe dictated by what tookplace at that hearing.

Employment and Social Development Canada, which isresponsible for investigating thedeath of any federal government employee who dies on the job,laid the charges against the RCMP in May 2015.

The chargesinclude:

  • 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.

Each of the four charges comes with a maximum fine of $1 million.

No individualRCMPmanager or supervisor is named in the charges.

Progress on carbine use

RetiredRCMPofficer Terry McKee, who supervised two of theMonctonMounties who were killed, has repeatedly called for a public inquiry to identify the individuals who "made fatal decisions not to roll out carbines in a timely fashion."

Two RCMP cruisers parked across a road with one officer standing outside holding a shotgun.
An internal RCMP review found the officers who responded to Justin Bourque's shooting spree on June 4, 2014 were outgunned. (Marc Grandmaison/Canadian Press)
An internal RCMP review of the Moncton shootings noted no members of the Codiac detachment were trained to use a carbine weapon, which is a high-powered,short-barrelledrifle that has a longer accurate range than a sidearm or shotgun.

The responding officers were outgunned by Justin Bourque during his shooting spree as he roamed through a Monctonneighbourhood, retired assistant commissionerAlphonseMacNeilsaid in his report.

Bourque was armed with a M305 .308 semiautomatic rifle and a Mossberg500 12-gauge shotgun, while the Mounties had to rely on pistols and shotguns.

In February, theRCMP announced they haveexpedited the use of patrol carbines by officers across the country, by purchasing 4,000 carbines and trainingmore than 3,300 members aboutone-quarter of the force's front-line officers in their use. The goal is to have half of the officerstrained this year.

Issuing carbines to Mounties was a key recommendation of a 2011 inquiry into the deaths of four RCMP officers in Mayerthorpe, Atla, in 2005.

New Brunswick RCMP were amongthe last in the force to receive carbines, according to Assistant Commissioner Roger Brown.

The Moncton RCMP detachment did have some carbines at the time of the 2014 shooting, but no members were trained to use them.

Const.Douglas JamesLarche, 40,Const. Dave Joseph Ross, 32, andConst.FabriceGeorgesGevaudan, 45, were shot and killedbyBourqueas he made his waythrough aMonctonneighbourhood on the evening on June 4, 2014.

Const.ricStphaneJ.DuboisandConst. MarieDarleneGoguenwere wounded in the shootings.

Bourque, whopleaded guilty to three counts of first-degree murder and two counts of attempted murder,was sentenced to life in prison with no chance of being paroled for 75 years.

With files from Kate Letterick