RCMP court appearance on Labour Code charges set for July 9

The RCMP will appear in Moncton provincial court July 9 on charges under the Canada Labour Code, in connection with the shooting deaths of three Mounties in New Brunswick last June, according to the federal public prosecutions service.

RCMP Commissioner Bob Paulson had announced the charges in a statement on Thursday. The court hearing will start at 9:30 a.m. AT.

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Assistant commissioner Roger Brown, the RCMP's commanding officer for J Division in New Brunswick, had little to say Friday about the charges after the court date was announced.

"It's highly inappropriate for me or for anybody to speak on behalf of the charges," said Brown. "The commissioner in his statement was very specific in that protecting the employees and the safety of the citizens in the province or in the country is of paramount importance to all of us."

Asked about potential impact of the charges on morale on the force, Brown said: "It's been a difficult year. It continues to be a difficult year, but we continue to do our job. I'm going to leave it at that."

Employment and Social Development Canada investigates every death of a federal government employee while on the job.

Following the investigation into the June 4 killing of three members of Codiac RCMP by gunman Justin Bourque as he wandered through a Moncton neighbourhood, the Public Prosecution Service of Canada recommended the RCMP be prosecuted for contravening occupational health and safety provisions of the Labour Code.

'Interesting' case for labour lawyer

The charges against the RCMP fall under Part II of the Canada Labour Code relate to equipment, training and supervision, with four counts under Section 148(1).

The law states anyone found guilty of an indictable offence under the section faces a maximum fine of $1 million and up to two years in prison. For a less serious summary conviction, the maximum fine is $100,000 with no jail time.

Robert Basque, a labour lawyer in Moncton, said it will be "interesting" to see how the case unfolds.

"If an employee is in a dangerous situation, the employer knows, the employer has an obligation to take safeguards to make sure … the danger is minimized," said Basque.

"Of course the interesting part here is that RCMP officers, firefighters, ambulance drivers — the people that spend their days protecting you and I — inherently are in dangerous situations.

"So how that all meshes with the Canada Labour Code, again depending on what they're charging, is going to be a good question."

Following the shootings, there was criticism the Moncton officers were not adequately armed and trained to deal with the situation.

Rob Creaser, a retired Mountie with the Mounted Police Professional Association of Canada, said he believes that if one of the officers had a C8 patrol carbine — a high-powered, mid-range rifle — he could have shot Bourque from a distance rather than driving close to the gunman and getting shot.

Internal report recommendations

An internal review of the Moncton shooting by retired assistant commissioner Alphonse MacNeil noted Codiac detachment did not have any general duty members trained as carbine users.

The detachment had acquired the weapons, but they were at Canadian Forces Base Gagetown for the New Brunswick RCMP's first carbine training course on the night of the shootings.

The MacNeil report noted "many interviewed members stated that had the patrol carbine been available it would have made a positive difference in this incident."

"The patrol carbines would have given a more effective lethal force option and could possibly have influenced members risk assessments, tactical approach and confidence levels," states the report.

"This firearm was approved specifically to address this type of call."

The patrol carbines would have given a more effective lethal force option and could possibly have influenced members risk assessments, tactical approach and confidence levels.- MacNeil report on Moncton RCMP shootings

The use of C8 patrol carbines by the RCMP was recommended by an inquiry into the 2005 deaths of four RCMP officers near Mayerthorpe, Alta.

MacNeil's report made 64 recommendation, all of which were accepted by the RCMP.

A number of recommendations dealing with equipment, training and safety include:

• 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.