DOJ Attorney Advice to N.S. Investigative Witnesses Raise Concerns

Judge says advice to be more 'reactive' than advice going forward hinders Mass Casualty Commission

Mass shooting in Nova Scotia, Portupick, New South Wales A couple visits a makeshift memorial commemorating the victims. April 22, 2020. A culture of openness, rather than opacity among police, may have saved lives. Photo by Andrew Vaughan Andrew Vaughan

Halifax — Canada's top officials working to investigate 2020 Nova Scotia shooting A former court judge said: He worries the federal Justice Department is discouraging witnesses from providing relevant evidence.

The agency announced late Monday that an investigation In an August 5 letter to the Commission Advisory Director, Thomas Cromwell, cited advice the agency gave to the Nova Scotia RCMP Director. Chris Leather before testifying before the Commission of Inquiry on July 28.

Cromwell said he was "deeply concerned" about Leather's allegations that he was advised "to simply react rather than immediately." ``It would prevent the Commission from carrying out its duties.''

The former judge assured the Division that this type of advice was not and will not be given to other witnesses. I asked for

"Rather, we hope and expect that witnesses will be encouraged to share any relevant information they have," said Cromwell.

On July 28, Leather testified in a previous interview with a Commission attorney that he had not said anything about the emails or phone calls related to the April 28, 2020 meeting he attended. RCMP Commissioner Brenda Lucky.

Leather said he was advised not to actively disclose previous conversations and interactions with Lucky. A conference call on April 28, led by Lucki, focused on the effectiveness of the Nova Scotia RCMP press conference after an impersonator shot and killed 22 people. 19/19/2020.

Conference notes taken by another Nova Scotia Cavalry, Supt. Darren Campbell claims Lucky told then-Minister of Public Safety Bill Blair that the RCMP promised to release details about the killer's weapons and give weight to the Liberal government's pending gun control legislation.

This shocking allegation prompted allegations of political interference in police investigations. The allegations are being investigated by an Ottawa congressional committee. Lucky and Blair deny the allegations, saying no political pressure has been exerted.

In response to Cromwell's letter, Justice Department general counsel Lori Ward said that Department attorneys said they did not dissuade Leather from approaching. According to Ward's letter dated August 9, 2022, Leather's comments about what he was told "could only be the result of a misunderstanding." There is.

"A lawyer did not offer such advice," said Ward.

Still, Ward's letter confirms that at one point he was told not to say anything about irrelevant workplace reviews in 2021.

"We suggested to him not to upgrade," Ward said in the letter. "But he said that if he was asked a question that required him to discuss it, he would have to answer honestly." Justice Department attorneys confirmed that Leather had instructed Leather to only answer if asked about the assessment  — because they had not seen the report themselves.

Daigle, who testified before the House Public Safety Committee, said his four pages of Campbell's handwritten notes containing details about his April 28, 2020 meeting with Lucky were withheld from public inquiry. I was asked why.

The Department of Justice said on February 11, 2022, when he disclosed two documents packages containing 2,400 pages, Campbell's 35 from seven senior officials, including his four pages, He admitted that he should have warned the committee when he withheld Page's memo.

"The Commission admits that it was not informed that these pages were being reviewed for privilege," the department said in a June 24 said in a letter to the Commission. 2022. "(The Department of Justice's) attorneys should have."

The letter went on to say that the department was not aware of other documents that were withheld.

Daigle told MP that the document was "wound up" on page 35 being reviewed for possible privilege, but did not specify what prompted the review. He said it was unfortunate that the Mass Casualty Commission was not informed that the page was being withheld.

As of June 24, all but 3 of the pages have been submitted for investigation.

With Michael McDonald and Sarah Richie files.

This Canadian Press report was first published on August 16, 2022.

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