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 to Crime Stoppers led to the attempted arrest of Vienneau.

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

Michel Vienneau was 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.

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The online petition calls on federal Public Safety Minister Ralph Goodale to order the RCMP to disclose information that Crime Stoppers provided from the anonymous 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," the petition, entitled Justice For All, says.

Informer privilege is absolute and a tipster's identity cannot be disclosed — even 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 for a federal-provincial public inquiry into the fatal shooting.

500 signatures needed

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

About 169 people had signed as of early Tuesday evening, 139 of 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 petition will remain open for signatures until May 29 at 6:07 p.m. AT.

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

Criminal charges dropped

Following an investigation by the Nova Scotia RCMP, Const. Patrick Bulger, 38, and Const. Mathieu Boudreau, 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 Crown sought a judicial review of that decision, hoping to have it overruled, but Court of Queen's Bench Justice Tracey DeWare dismissed 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 General and the Department of Justice and Public Safety subsequently ordered a coroner's inquest into the fatal shooting. The date and location have not yet been released.

'Important facts are still unknown'

Vienneau's parents, George and Sylvie Vienneau, 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," they wrote in a letter to Minister of Justice and Attorney General of Canada Jody Wilson -Raybould, Justice Minister Denis Landry and Attorney General Serge Rousselle on Dec. 7.

"The questions raised by the death of our son Michel affect 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 the five 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 Vienneaus have asked to be allowed to attend and intervene and to be provided "the financial means and other means to do so."

Bulger and Boudreau are back at work but still face a professional conduct investigation by the New Brunswick Police Commission.

Bathurst Chief Ernie Boudreau had 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 Michel Vienneau's family 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.