Families of victims in N.S. shooting rampage say police left body in vehicle as it was towed

Families of the victims of the Nova Scotia mass shooting have amended their proposed class-action lawsuit to add a new accusation against the RCMP.

They allege the RCMP allowed a deceased victim's body to remain inside a vehicle while it was towed from a crime scene so it could be collected and analyzed as evidence, "rather than ensuring that the body was first removed and cared for in the appropriate manner before the vehicle was seized."

Sandra McCulloch, a lawyer with Patterson Law in Truro, N.S., who is representing the families, said the vehicle mentioned in the amendment relates to Joey Webber, who was killed by the shooter while he went out to run an errand for his family on the morning of April 19.

Webber was one of 22 people killed by a gunman dressed like an RCMP officer during a rampage that started in Portapique, N.S., on April 18 and continued through several other rural communities the next morning.

Two of the victim's families launched the proposed class-action lawsuit against the RCMP in June. It covers a range of criticisms previously raised about the tragedy, including police communication, staffing levels and notification of families.

It also alleges a vehicle seized as evidence was later released to a family with human remains still inside. 

McCulloch confirmed the vehicle mentioned in the recent amendment is not the same vehicle that was allegedly returned with remains inside.

In an email Thursday, Nova Scotia RCMP spokesperson Cpl. Jennifer Clarke said the Mounties have not yet been served with a civil claim in relation to the incidents of April 18 and 19, "but will review and consider any such claim once served."

Given the situation, she said the force will not be responding to allegations in any such claim.

Why a victim's body might not be moved

Gail Anderson, a forensic researcher and professor at Simon Fraser University's School of Criminology, said working a crime scene is a very lengthy process and in this case the crime scene would be the vehicle.

"Removing the body immediately may seem preferable from a compassionate point of view but would most likely destroy very crucial evidence," she said in an email Thursday.

Moving the vehicle keeps the crime scene more secure, and can be more respectful, since it takes the victim "out of the eyes of the media and public," she said.

In another recent case, a murder victim's body was left in a vehicle as it was towed to a secure RCMP facility.

Police officers found Tylor McInnis, who had been shot, in the trunk of a car in a North Preston cemetery in August 2016.

During the murder trial in 2019, Dr. Erik Mont, Nova Scotia's deputy chief medical examiner, testified that it was important for his investigation to see the body as it was found. The full autopsy was completed later.

Nova Scotia named defendant

McCulloch said the amended class action has also formally named the province of Nova Scotia as a defendant in the case. 

"The intention all along was to add the province as a defendant but under the law in Nova Scotia, in order to sue the province you have to give them formal notice of the claim that you intend to bring against them," she said.

That period of notice has since expired.

Both amendments to the proposed class-action lawsuit were submitted on Tuesday.

McCulloch says her team has also spent the last few months collecting information and footage from the public.

The class-action lawsuit must be approved by a judge before it can proceed to trial and none of the allegations have been proven in court.