Portapique inquiry hears why key RCMP officers need to testify in person

An independent law expert and lawyers for the families of Portapique victims say it's critical that RCMP officers testify in person to be transparent and maintain public confidence in the inquiry unfolding in Nova Scotia. 

The Mass Casualty Commission heard arguments Thursday from lawyers on both sides of the issue of RCMP live testimony as part of its work looking into what happened during the April 2020 massacre.

The National Police Federation, which represents regular and reservist RCMP members below the rank of inspector, has argued the 18 officers being asked to testify by lawyers for the victims' families could be re-traumatized by doing so. 

But lawyers for the families have said there are many gaps in the evidence of what happened on April 18-19, 2020, that have to be filled, and testifying about violent crimes is part of an officer's job.

"We are extremely frustrated at the prospect of having to justify seeking facts in a fact-finding process," said Michael Scott of Patterson Law, whose firm represents more than a dozen families.

He said lawyers have spoken with their own clients about testifying and almost every one of them is willing to appear before the commission.

"It will be hard, it will be difficult, but they'll do it. Because it's important," said Scott. 

"We're not looking to attack officers or subject them to any further trauma — we're looking to have an inquiry."

The commission presented documents this week summarizing what it believes happened in Portapique. They state Gabriel Wortman attacked his longtime partner and proceeded to kill 13 neighbours after she escaped and hid in the woods. 

The gunman killed nine more people while disguised as a Mountie the following morning and drove nearly 200 kilometres through rural Nova Scotia, most of it in a decommissioned police cruiser he'd adapted to look like a real one. 

Scott said it's especially important to hear from the initial team of three officers, led by Const. Stuart Beselt, who walked into Portapique after encountering a man who'd been shot by the gunman in his mock police car.

For example, Scott said he wants to know more about why Beselt did not directly head to the Blair family's home, where the original 911 call had come from and two people had been shot.

The inquiry heard that these front-line officers may be called on to participate in a witness circle later in the process to share what they experienced, but multiple family lawyers said that is simply not enough.

On its website, the commission describes a witness circle as "a discussion-based format that is used not to determine facts, but to provide important context to understand what happened." A facilitator does not ask direct questions and the witness circle is not a chance to test evidence.