Man shot by police fires lawyer as court hearing set to begin

KITCHENER — A Cambridge man facing charges after being shot by police fired his second lawyer at the start of a five-day court hearing on Monday, a surprise move that risks derailing a future trial.

Maurice Rivard, 41, has been given until June 29 to find a third lawyer to represent him after two lawyers were removed from the case. Rivard has said he intends to plead not guilty to assaulting and attempting to disarm Const. Robert Prentice.

“We are into a delay concern at this point in time,” Crown prosecutor Michael Carnegie said. By law, his trial is expected to be completed by September 2019.

“It is regrettable,” Justice Karey Katzsch said. She admonished Rivard over the timing of his move and ordered him to move quickly to find another lawyer to represent him.

“I apologize,” Rivard told the court, saying “it won’t be long” before he hires another lawyer through legal aid.

Prentice shot Rivard in the stomach on March 2, 2017, during a wild traffic stop in Kitchener. Ontario’s Special Investigations Unit, which investigates incidents involving police that lead to death, serious injury or sexual assault allegations, found Prentice was justified in shooting him.

Rivard was “angry, combative, irrational and intoxicated” when he was pulled over on suspicion of drunk driving, the SIU found. Prentice used his stun gun on Rivard, who then grabbed it and pointed it at the officer. Fearing for his safety, Prentice shot Rivard once in the stomach.

Rivard survived and faces five charges, including impaired driving. Minutes before a pretrial hearing was to begin Monday, he cited a “difference of opinion” in firing Malcolm McRae, the second lawyer who had taken his case.

The last-minute dismissal derailed the court hearing, in which up to 20 witnesses were scheduled to clarify the evidence against Rivard.