2 Bathurst constables involved in shooting death get new dates for arbitration

New dates have been set for the 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. 

The hearing to deal with the recommended dismissals of the two officers will be held over eight days in October at a city hotel. The dates are Oct. 16 to Oct. 18 and Oct. 21 to Oct. 25. 

The constables' arbitration hearing was adjourned earlier this month because of a request by the Bathurst Police Association. The hearing had been set to begin March 18. 

Bathurst Mayor Paolo Fongemie said in a statement that the city is committed to seeing that the community, the families affected by the shooting, and the members of the Bathurst Police Force have an independent arbitrator hear all witnesses and make a ruling according to evidence.

"We are confident that the hearing will finally provide long-sought answers to what has been a terrible tragedy," Fongemie said. 

No settlement reached

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 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. 

Suspended with pay

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.

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 2018 settlement conference.