Arbitration hearing adjourned for 2 Bathurst constables involved in shooting death

A week-long arbitration hearing for Bathurst police constables Mathieu Boudreau and Patrick Bulger, who were involved in the shooting death of businessman Michel Vienneau in January 2015, has been adjourned.

In a news release Tuesday, the City of Bathurst said the hearing to deal with the recommended dismissals of the two police officers was delayed after a late request was made by the Bathurst Police Association acting on behalf of the police officers.

The hearing was set to begin March 18. 

"The City of Bathurst vigorously objected to an adjournment, as this matter has been outstanding for some time. However, the arbitrator decided otherwise." 

No new date has been set for the arbitration hearing. 

Disciplinary measures

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 Crime Stoppers tip that Vienneau was carrying "a load of drugs."

In its release, the city said the events have led to "disciplinary measures deemed appropriate by the Bathurst police chief." 

The city described what happened at the station as "so fundamentally troubling that the public trust and the community's interests deserve no less than the matter being fully aired in a public forum in front of an arbitrator." 

The hearing was scheduled after neither side could reach an agreement at a settlement conference held June 20, 2018. 

At the time, Chief Ernie Boudreau said he found sufficient evidence of code of conduct breaches by Bulger and Boudreau when he reviewed the results of a New Brunswick Police Act investigation into the shooting of Vienneau.

That investigation found each officer had 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.  

The officers could face disciplinary sanctions ranging from a simple reprimand to outright dismissal.

Charges dropped

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.

Court of Queen's Bench Justice Tracey DeWare dismissed the Crown's application to toss out Dugas-Horsman's decision in October 2017.

Both Bulger and Boudreau were suspended with pay from the police force after the charges were laid. They returned to work in February 2018 but were suspended again with pay after the June settlement conference.