Four technicians working the night of the shooting sued Quebec's attorney general and city of Montreal over the security plan.
Though careful not to blame any of the officers on duty, a Superior Court judge has found that poor planning on behalf of the police allowed Richard Henry Bain to carry out his attack the night of the 2012 Quebec election.
In a 105-page decision issued this week, Justice Philippe Bélanger ordered the provincial and Montreal police to pay a total of roughly $292,000 in damages to four stage technicians who survived the attack in downtown Montreal.
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“While the (Sûreté du Québec) took it for granted that the SPVM was ‘its eyes’ for the entire perimeter of the venue, the SPVM saw it as a simple request for assistance,” Bélanger explained in his ruling.
“This lack of coordination led to a major flaw in the security plan that Bain was able to take advantage of to commit his crime.”
Bain was convicted of second-degree murder and three counts of attempted murder in 2016.
On the night of the 2012 election, he arrived at the back of the Métropolis venue while premier-elect Pauline Marois was delivering her victory speech inside. He managed to fire a single shot that killed lighting technician Denis Blanchette and wounded another. He also set fire to a staircase behind the club.
Four other technicians who were in Bain’s line of fire — Guillaume Parisien, Jonathan Dubé, Audrey Dulong Bérubé and Gael Ghiringhelli — later sued Quebec’s attorney general and the city of Montreal. They argued police failed to properly evaluate the risks that night and there should have been better security outside the venue.
In evaluating the security plan established by police, Bélanger found there was a “lack of communication and coordination” between the two forces ahead of election night.
That night, SQ officers were in charge of security inside the venue, with a particular focus on protecting Marois. Acting in assistance, the SPVM was to secure the outside of the club.
By the time Marois began her speech in front of about 1,200 Parti Québécois supporters, there were 21 police officers and security agents inside the venue.
Two SPVM police officers were stationed outside, where a giant screen was playing election coverage. Two others were at a nearby intersection but, Bélanger noted, “no SQ or SPVM officer was present at the back of Métropolis to control access during the evening.”
Bain arrived on site around 11:45 p.m., parking nearby before making his way to the back of the venue. He was dressed in a robe, was wearing a balaclava and carrying a semi-automatic weapon. The ruling notes 74 seconds passed between the moment Bain exited his car and him firing one shot toward the stage technicians behind the building.
The trial heard that while police brought Bain to an operational centre after his arrest, he told them: “Your security wasn’t very good. The gun jammed. Thanks to God, the gun jammed.”
Bélanger questioned why the security plan left the back of the venue unguarded despite the tense political climate at the time. He ruled that had officers been present, Bain’s plan could have been thwarted before he fired his weapon.
“Simply put,” he added, “the security perimeter was breached, (Bain) took advantage of it, and his victims were the first people in his way.”
Noting the psychological trauma they endured, Bélanger awarded each of the plaintiffs more than $70,000.
In his conclusion, Bélanger reiterated he doesn’t question the integrity or good faith of the officers on duty that night but rather the poor planning on behalf of both police forces.
He said he hopes the judgment can help the plaintiffs move forward.
“As they all expressed during their testimony,” Bélanger wrote, “the amounts awarded cannot fully compensate for the pain and sadness they have felt and still feel.”
jfeith@postmedia.com
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