Former Supreme Court judge scolds federal lawyer over advice in N.S. shooting inquiry

A former Supreme Court judge has raised "serious concerns" about the advice a justice department lawyer gave to a high-ranking RCMP officer in the Nova Scotia mass shooting inquiry, including not to talk about certain evidence unless specifically asked.

Thomas Cromwell, the director of legal counsel for the public inquiry into the April 2020 massacre, wrote to Department of Justice lawyer Lori Ward two weeks ago about Chief Supt. Chris Leather's testimony last month.

"Some aspects of his testimony have given rise to some serious concerns that I want to raise with you," wrote Cromwell, who sat on the Supreme Court of Canada from 2008 to 2016.

The Aug. 5 letter was disclosed by the Mass Casualty Commission. It is leading the inquiry into the mass shooting when 22 people, including a pregnant woman, were killed by a gunman as he drove a mock police car across the province.

Leather, who was the head of criminal operations in Nova Scotia at the time of the shootings, has testified he received a call from RCMP Commissioner Brenda Lucki on the evening of April 22, 2020, shortly after the killings. He said Lucki asked him to send her details about the guns used by the shooter, and he did send her a list for internal purposes only.

But Leather's call and email correspondence with Lucki didn't come up in a July 6 interview with inquiry lawyers. Leather testified on July 28 that lawyers with the federal Department of Justice, including Ward, told him to not "proactively disclose" his conversation and emails with Lucki.

"I knew from my notes and emails I had prepared and submitted that it was obviously relevant to what would become the infamous phone call of April 28 [2020] and was troubled by that and wanted their advice and was advised to take a reactive posture," Leather said.

When he testified last month, Leather told the commission he had also sought "independent legal counsel" after the discussion with the justice department lawyers.

Questions around whether Lucki was under political pressure to release the specifics of the gunman's firearms have swirled for weeks, ever since Chief Supt. Darren Campbell's notes from the April 28, 2020, call were released as part of the inquiry. 

Campbell wrote the commissioner was "sad and disappointed" and "had promised the minister of Public Safety and the Prime Minister's Office that the RCMP, [we] would release this information." 

On May 4, 2020, Prime Minister Justin Trudeau announced a ban on some 1,500 makes and models of firearms, including two of the guns used in the Nova Scotia mass shooting. At that time, police had not released the information about the guns used in the attacks.

The allegations have resulted in parliamentary hearings to address allegations of potential political interference, including a hearing in Ottawa on Tuesday.

If Leather's testimony is accurate, Cromwell said it's concerning that federal lawyers would have given this advice when their clients have the "obligation" to help the commission achieve their mandate in the public interest.

"While I understand that this sort of advice is standard for witnesses in civil litigation … or at trial, it is in my view not appropriate to give this advice to a senior officer of the RCMP participating in this commission of inquiry," Cromwell said.