Family of businessman killed by Bathurst police asks Ottawa to release secret details about case - Action News
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New Brunswick

Family of businessman killed by Bathurst police asks Ottawa to release secret details about case

More than three years after Michel Vienneau was shot and killed by Bathurst police, the family of the 51-year-old Tracadie businessman will petition Ottawa to release details about the shooting including the identity of the person whose false tip led to the attempted arrest of Vienneau.

Petition by Michel Vienneau's family seeks name of tipster who provided false information to Crime Stoppers

About 75 people marched in the memory of Michel Vienneau in Tracadie a year after his death. (Bridget Yard/CBC)

More than three years after Michel Vienneau was shot and killed by Bathurst police, the family of the 51-year-old Tracadie businessman will petitionOttawa to release details about the shooting including the identity of the person whose false tip to Crime Stoppers led to the attempted arrest of Vienneau.

Thepetition to the House of Commons, launched Mondaynight by the victim's brother Nicolas Vienneau, is being sponsored by Acadie-Bathurst MP Serge Cormier.

Michel Vienneauwas shot and killed in a Via Rail parking lot on Jan. 12, 2015, when police attempted to arrest him based on a tip he was carrying "a load of drugs" back with him from Montreal.

Theonlinepetition calls on federal Public Safety Minister RalphGoodaleto order theRCMPto disclose information that Crime Stoppers provided from theanonymous tipster and any communications before, during and after Vienneau's death.

It also asks the minister to compel all tipsters and witnesses in the case to appear before a public inquiry.

"This killing affects all Canadians," thepetition, entitled Justice For All,says.

Nicolas Vienneau believes there are still many unanswered questions about his brother's death. (Franois Vigneault/Radio-Canada)

Informer privilege is absolute and a tipster's identity cannot be disclosedeven during court proceedings.

In extremely rare cases, a court has lifted that privilege for people who contacted Crime Stoppers with the intention of furthering their own criminal activities or interfering with the administration of justice.

Reached on Tuesday,Vienneau said he could not discuss the petition because the federal and provincial governments are both still considering his family's December request fora federal-provincial public inquiryinto the fatal shooting.

500 signatures needed

"I inviteall citizens of Canada to sign this petition," he said.

About 169 people had signed as of early Tuesday evening, 139of them from New Brunswick. A minimum of 500 signatures are required for the House of Commons to accept the petition, said Vienneau.

"I'm optimistic," he said.

The petitionwill remain open for signatures untilMay 29 at 6:07 p.m. AT.

Cormierwas in meetings Tuesday and unavailable for comment, a spokesman from his office said.

Criminal charges dropped

Following an investigation by the Nova ScotiaRCMP, Const. PatrickBulger, 38,and Const. MathieuBoudreau, 28, faced charges in Vienneau's death, including manslaughter by means of an unlawful act, assault with a weapon, and unlawfully pointing a firearm.

But provincial court Judge Anne Dugas-Horsman ruled there wasn't enough evidence to proceed to trial.

The criminal proceedings against Bathurst Police Force constables Patrick Bulger (left) and Mathieu Boudreau have ended, but they still face a professional conduct investigation by the New Brunswick Police Commission. (Gabrielle Fahmy/CBC)

The Crown sought a judicial review of that decision, hoping to have it overruled, but Court of Queen's Bench Justice Tracey DeWaredismissed the application in October. Public prosecution services announced in November it would not seek an appeal of that decision, bringing an end to the criminal proceedings against the two officers.

The New Brunswick Office of the Attorney Generaland the Department of Justice and Public Safety subsequently ordered a coroner's inquest into the fatal shooting. Thedate and location have not yet been released.

'Important facts are still unknown'

Vienneau's parents, George andSylvieVienneau, have also requested a federal-provincial public inquiry in a bid to get answers about his "violent" and "unjust" death.

"We are asking for a broader investigation under the Inquiries Act at both the federal and provincial levels,"theywrote in aletter toMinister of Justice and Attorney General of CanadaJody Wilson -Raybould, Justice Minister Denis Landry and Attorney General SergeRousselle on Dec. 7.

The late Michel Vienneau (left) pictured here with his parents George and Sylive, who are seeking a public inquiry into his shooting death. (Submitted by Nicolas Vienneau)

"The questions raised by the death of our sonMichelaffect all citizens of this province and the entire country," the letter states.

"Important facts are still unknown. This is one of the reasons [it]weighs on us so much and makes us die slowly."

They question, for example,why a special out-of-province prosecutor wasn't brought in to handle the case, why only two of thefive officers at the scene were charged and why no civilian witnesses were called to testify at the preliminary inquiry. They claim there are"more than 125 witnesses" in the case.

If an inquest is granted, the Vienneaushave asked to be allowed to attend and intervene and to be provided "the financial means and other means to do so."

Sylive and George Vienneau say the unanswered questions about their son Michel's death weigh heavily on them. (Submitted by Nicolas Vienneau)

BulgerandBoudreauare back at work but still face a professional conduct investigation by the New Brunswick Police Commission.

Bathurst Chief ErnieBoudreauhad filed a conduct complaint against the two officers, following the fatal shooting. That investigation was suspended, pending the outcome of the criminal proceedings.

Members of MichelVienneau'sfamily hope the pending coroner's inquest they lobbied for will provide the answers and closure they have been seeking.

An inquest is a formal court proceeding that allows for public presentation of all evidence relating to a death to help clarify the facts and circumstances.

The coroner does not assign responsibility or blame, but there may be recommendations on how to prevent similar future deaths.

The area around the Via Rail station in Bathurst remained cordoned off in January 2015 as Nova Scotia RCMP investigated the fatal shooting of Vienneau by Bathurst city police. (Bridget Yard/CBC)