2 Bathurst officers involved in fatal shooting head to arbitration over conduct

Two Bathurst police officers involved in the shooting death of businessman Michel Vienneau in January 2015 are now headed to arbitration with the citypolice force after an agreement couldn't be reached over disciplinary and corrective steps.

Police Chief Ernie Boudreausaid Wednesday that he found sufficient evidence ofcode of conduct breachesby constables Patrick Bulger and Mathieu Boudreau when he reviewed the results of theNew Brunswick Police Act investigation.

A settlement conference was held on June 20 to give the officers the chance to respond to the allegations.

However, no agreement could be reached, the chiefsaid.

Each officer was found to have breached five counts of the New Brunswick Police Act: they didn't properly use and carry a firearm, they abused authority, neglected their duty and acted in a discreditable manner.

Mathieu Boudreau'slawyer, TJ Burke, said he couldn't comment on the specific issues that prevented the officers and police force from reaching an agreement.

"But it doesn't take a rocket scientist to figure out that the reason parties are going to arbitration is because the parties are at a deadlock in terms of [what] appropriate sanction, if any, should be given to the police officers," he said.

He also said the allegations of misconduct did not come as a surprise to the officers, who were notified of theprofessional conduct investigation shortly after they were arrested.

Lawyer Joel Michaud from Fredericton is the appointed arbitrator. The hearing should be held within 30 days under the New Brunswick Police Act.

The police chiefsaid it will likely be held in Bathurst and could last several days.

Vienneau, 51, was killed on Jan. 12, 2015, when police tried to arrest him in a Via Rail parking lot.

The officers were acting on a false tip that Vienneau was carrying "a load of drugs."

Criminal charges against Bulger and Boudreau were dropped in February 2017 after Judge Anne Dugas-Horsman ruled the Crown had not presented enough evidence to proceed to trial.

Last October, Court of Queen's Bench Justice Tracey DeWare dismissed the Crown's application to toss out Dugas-Horsman's decision.

BothBulgerandBoudreauwere suspended with pay from the police force after the charges were laid.They have been back at work since being cleared in February.