Bathurst officers will take 'some time' to return to regular duties, lawyer says

Two Bathurst police officers cleared of wrongdoing in the shooting death of Michel Vienneau will likely need to undergo recertification and retraining before they can return to regular duties, one of their lawyers says. 

Bathurst Police Force Constables Mathieu Boudreau and Patrick Bulger were suspended with pay from the police force for about two years while a discipline hearing was underway. The decision issued Dec. 24 found neither violated a code of conduct, meaning both can resume regular duties.

"It'll take some time for the police officers to get back fully on duty," T.J. Burke, a lawyer for one of the officers, said in an interview after the decision was issued. 

As of that day, he said, both intended to return to work as Bathurst officers.

"Operationally, the chief of police will have to work with the officers and with their platoon sergeants to make sure that they get back on the streets efficiently effectively and well-trained," Burke said. 

That training could include recertifying in such things as CPR and weapons training. 

The city's police chief has not commented on the arbitration decision and the city wouldn't provide a comment for this story. 

A spokesperson instead pointed back to a statement issued last week that said the municipality will "take the necessary time to carefully analyze the decision."

The arbitrator's decision is binding but it can be subject to judicial review within 90 days.

The hearing that began Oct. 16 and ran 11 days saw 13 witnesses testify about the events of Jan. 12, 2015. 

Boudreau and Bulger were members of the Bathurst police drug unit specially assigned to the northeast integrated intelligence unit. The unit brought together officers from several local police forces to gather intelligence and carry out surveillance on drug trafficking and organized crime. 

Anonymous Crime Stoppers tips were received by the unit the morning of Jan. 12 naming Michel Vienneau and his fiancée Annick Basque. The tips indicated they were coming on the train from Montreal to Bathurst carrying drugs. 

The unit rushed to the train station to intercept them. In the chaos that unfolded as Boudreau and Bulger attempted to stop Vienneau, the 51-year-old Tracadie businessman kept driving and hit Bulger. Hospital records indicated Bulger had a knee injury — torn ligaments — following the incident.

Fearing for his partner's life after losing sight of Bulger behind Vienneau's car, Boudreau shot and killed Vienneau.

The officers were suspended when criminal charges were filed against both. They resumed regular duties when a judge ruled in 2017 there wasn't enough evidence to proceed to trial. 

They were suspended again while the arbitration hearing process was underway.

Bathurst police Chief Ernie Boudreau had sought to fire the two officers for what unfolded that day. The chief attended each day of the hearing and, while he was on the witness list, did not end up testifying. 

Boudreau was directly involved in the events of that day, though at the time he was a sergeant. 

Bulger testified that before leaving the police station on the morning of the shooting, he stopped and briefed the sergeant that an undercover police operation was going to take place at the train station and to keep marked police cars out of the area.

The sergeant was also told they'd likely need a marked cruiser at the station if they made an arrest. 

"I find this uncontradicted statement very informative on the state of mind of Bulger at the police station and on what then Sgt. Boudreau should have expected would happen," Joël Michaud, the arbitrator, wrote in his decision. 

Boudreau has been an officer since 2009 after undergoing training at the police academy on Prince Edward Island.

Bulger served as a casual officer between January 2006 and summer 2008, when he became a full-time officer. He previously worked as a paramedic.