RCMP showed due diligence on rifles, lawyer tells Moncton massacre trial

MONCTON, N.B. — The RCMP took time arming officers with highpowered carbine rifles because it was doing “due diligence” on the deadly weapon, a lawyer told the Labour Code trial stemming from a 2014 shooting rampage in Moncton, N.B.

“Arming general duty members with semi-automatic rifles can have negative repercussions, including increased tensions with the public, which in turn can lead to officer safety concerns,” defence lawyer Ian Carter told Moncton provincial court Friday.

“Carbines are designed to kill. Given what is at stake, it was incumbent on the RCMP to analyze the issue thoroughly, not for the sake of appearances, but for the sake of public safety.”

Carbine rifles were not available to general duty officers the night of June 4, 2014, when gunman Justin Bourque targeted RCMP officers. Crown witnesses have testified the weapons could have made a difference in the shootings that killed three Mounties and wounded two others.

The RCMP is accused of allegedly failing to provide members and supervisors with the appropriate information, instruction, equipment and training in an activeshooter event.

The force approved the C8 carbines in September 2011, and Carter said in his opening remarks the force was studying the issue carefully.

He noted Crown witnesses have said carbines “could” have made a difference, not “would” have made a difference.

“The real issue in this case is due diligence,” he told Judge Leslie Jackson.

The force also had to follow a lengthy federal procurement process, he said.

“It didn’t matter how quickly the RCMP wanted those carbines, they could not break the law to do it,” said Carter.

He said evidence will show the force had high quality training in place at the time of the shooting.

Carter also noted that the RCMP is not responsible for the deaths of constables Fabrice Gevaudan, Dave Ross and Doug Larche.

“Justin Bourque caused their deaths,” he said, prompting Jackson to note that the Crown also acknowledged that fact in its opening statement.

Later Friday, retired deputy commissioner Darrell Madill testified that an independent researcher was hired in 2009 to conduct a needs analysis of the patrol carbine.

The 2010 independent report from Carleton University criminologist Darryl Davies recommended immediate phase-in of carbine rifles for all RCMP patrol officers and training for all members.

Madill said the report didn’t tell the force anything it didn’t already know and lacked a proper needs analysis — the mandate of the research. He called it an “inventory list” of carbine programs at other forces in North America.

“There were no risk assessments. There was no public policy considerations... He didn’t have the ’why’,” Madill said, adding he didn’t feel he could take the report to his superiors as proof carbines were necessary for general duty members.

Madill added the RCMP learned from the 2007 Tasering death of Robert Dziekanski that independent, fact-based research was necessary to support weaponry and bolster public confidence.

Carbines are designed to kill. Given what is at stake, it was incumbent on the RCMP to analyze the issue thoroughly, not for the sake of appearances, but for the sake of public safety” Defence lawyer Ian Carter