RCMP failed to provide adequate equipment, training in Moncton shootings, judge says - Action News
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New Brunswick

RCMP failed to provide adequate equipment, training in Moncton shootings, judge says

A judge ruled Friday that the RCMP was guilty of failing to provide adequate use-of-force equipment and related user training to the Moncton Mounties who were killed or wounded while trying to stop gunman Justin Bourque in June 2014.

Judge rules on labour code charges related to the deaths of 3 Moncton Mounties

The monument honouring RCMP Constables Fabrice Gevaudan, Dave Ross and Doug Larche, gunned down in 2014, is seen in Moncton, N.B. on Friday. The RCMP has been convicted of violating the Labour Code for failing to provide its members with use-of-force equipment and training. (Andrew Vaughan/The Canadian Press)

A judge ruled Friday that the RCMP was guilty of failing to provide adequate use-of-force equipment and related user training to the Moncton Mounties who were killed or wounded while trying to stop gunman Justin Bourque in June 2014.

However, Judge Leslie Jackson found the RCMP not guilty of charges related to providing adequate training and supervision when responding to an active threat or active shooter event.

He also stayed a fourth charge against the RCMPrelated to ensuring the health and safety of its members, because he said the first charge already encompassed that issue.

The trial, which began in April and ended in July, examined whether RCMPofficers were sufficiently armed when Justin Bourquewent on a shooting rampage in Moncton.

In a statement releasedshortly after the verdict, theRCMPsaid it will review the decision and consider next steps.

"Today's verdict will not change the tragic reality that on June4,2014, we lost three friends and colleagues and nearly lost more to the actions of one man," the statement read.

The statement says theRCMPwill not be commenting further at this time.

Failed to establish due diligence

RCMP Cpl. Pat Bouchard, left, talks with reporters accompanied by Angela Gevaudan, wife of slain RCMP Const. Fabrice Gevaudan. (Andrew Vaughan/Canadian Press)
The court heard from 30 witnesses, many in tears,in what experts have called a precedent-setting case.

The focus of the trial was whether some of the deaths could have been prevented if the officers had been better armed, specifically with carbines.

Carbines arehigh-powered, short-barrelledrifles that have longer and more accurate range than pistols or shotguns.

While most Mounties are now equipped and trained to usethe rifles, the Monctonofficers did not have access to carbines on the night of the shootings.

In his 64-page decision, Jackson said he believed the RCMPfailed to establish due diligence by not prioritizing the rollout of the carbines.

"Front-line officers were left exposed to potential grievous bodily harm and/or death while responding to active shooter events for years, while the carbine rollout limped along, apparently on the assumption that, as the likelihood of such an event was relatively rare, a timely implementation was not required," he wrote.

While they paid lip service to that ideal their actions, or in this case inactions, belie that concern.- Judge Leslie Jackson on RCMP management

"Almost all members of RCMP management who testified at trial said that safety of their members was a priority of theirs," the judge continued.

"While they paid lip service to that ideal, their actions, orin this case inactions, belie that concern."

Sentencing was scheduled for Nov. 23 at 9:30 a.m.Crown prosecutor Paul Adams said he would like the opportunity for victim impact statements to be submitted for the hearing.

Family satisfied with verdict

Const. Douglas James Larche,Const. DaveRossand Const.Fabrice GeorgesGevaudan lost their lives in the shootings.

Outside the courthouse, widows of the slain officers said they were satisfied with the verdict.

Nadine Larche said she's felt all along that if RCMP members had beenproperly equipped that day, "my husband would not have died."

"The father of my children would not have died."

Nadine Larche, left, wife of Const. Doug Larche, and Rachael Ross, wife of Const. Dave Ross, leave the Law Courts Friday. (Andrew Vaughan/Canadian Press)

"I'm happy my husband didn't die in vain," said RachaelRoss,the widow of Dave Ross.

Louis-Philippe Thriault, an officer in Monctonwho worked the night of the shooting,and the national secretary of the Mounted Police Professional Association of Canada, said he was satisfied that there will be some accountability for what took place.

The trial's Crown prosecutoralso said he hopes the verdict will have some tangible benefit to officers, but wouldn't discuss what fines he will be seeking.

Mark Ertel, right, and Ian Carter, lawyers representing the RCMP, head from the Law Courts in Moncton after Friday's decision was released. (Andrew Vaughan/Canadian Press)

TheRCMPwas charged with violating four provisions of theCanada Labour Code, eachcarrying a maximum fine of $1 million.

The four charges were:

  • Failing to provideRCMPmembers with appropriate use of force equipment and related user training when responding to an active threat or active shooter event.
  • Failing to provideRCMPmembers 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 provideRCMPsupervisory personnel with appropriate information, instruction and/or training to ensure the health and safety ofRCMPmembers 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 the organization, namelyRCMPmembers, was protected.

No individualRCMPmanager or supervisor wasnamed in the charges.

In a statement, Minister of Public Safety Ralph Goodale said Friday's verdict carries important implications.

"The government will study it with great care as we strive to make every federal working environment as safe and healthy as humanly possible," he said.

With files from Gabrielle Fahmy and Tori Weldon