Families 'outraged' and 'frustrated' after another Desmond inquiry report delay

Lawyers representing estates involved in the Lionel Desmond inquiry say they're "outraged" and "frustrated" by yet another delay for the final report into the deaths more than six years ago.

Desmond, a former soldier, shot his wife Shanna, his 10-year-old daughter Aaliyah, and his mother Brenda in Guysborough County on Jan. 3, 2017.

On Tuesday, the Nova Scotia Department of Justice announced it was looking for a new judge to replace Judge Warren Zimmer to complete the report arising from an inquiry into the tragedy.

Zimmer, a retired part-time judge, was granted four separate extensions over the last 18 months to extend his term in office and allow him time to finish the report, a news release noted. The final extension expired on June 30.

Adam Rodgers is the lawyer for Lionel Desmond's sister Cassandra Desmond. Cassandra is representing Lionel's estate.

Rodgers told CBC News that Cassandra Desmond is outraged. He said it's inconceivable that someone else could complete the report at this point.

"We've had thousands of pages of documents and evidence and 55 days of hearings and Judge Zimmer has been working on the report since the closing submissions were made last April," said Rodgers.

"So for another judge to come in and try to pick up on all of that, it just seems like an impossible task to take on and certainly not one that's going to result in the best kind of a report that we could expect from an inquiry like this."

Tara Miller, a lawyer for Chantal Desmond, a personal representative for Brenda Desmond (her mother) and 10-year-old Aaliyah Desmond (her niece), told CBC News in a statement, "My client and her family are frustrated with the continued delay in the conclusion of the Inquiry."

"This tragedy occurred over 6 years ago on January 3rd, 2017. While my client understood the process to produce a meaningful final report would take time, the time is well overdue to bring the Inquiry to a close for all involved," Miller told CBC.

"True healing, meaningful answers and hope for a better system for Veterans suffering from PTSD and their families who battle with them on home ground is on hold until the final report is delivered."

Miller said the family trusts Chief Judge Pam Williams will "expedite the appointment of a new judge."

Replacement judge coming

The Nova Scotia Judiciary told CBC News in a statement Williams "has already reached out to members of her Bench to find a replacement and hopes to have a new judge appointed to the Inquiry within the next week."

In May, Williams expressed concerns over a backlog in the provincial court system.

Premier Tim Houston told reporters on Wednesday that it "wasn't clear" to the Department of Justice that a report from Zimmer was "forthcoming."

"How many times do you say, 'another extension, another extension, another extension,' before you accept the reality that maybe you need to take another course to get it finished?" Houston said.

The replacement judge will not be required to come up with an entirely different report with different recommendations than what Zimmer may had already started, Houston said.

"Of course there would be no direction like that," he said.

In a statement to CBC News, the Nova Scotia Department of Justice acknowledged the long wait for a report.

"Family and loved ones, the community, as well as all Nova Scotians, have waited a long time for answers. They and other participants to the inquiry have been very patient. We thank Judge Zimmer for his work over the past five years. Our hope is that a new judge will be able to conclude the final report in timely manner and provide those answers to the public," the statement read.

Rodgers compared the inquiry to the Mass Casualty Commission which examined the Nova Scotia mass shootings of April 2020. That tragedy happened three years after Desmond killed his wife, daughter and mother. A final report was produced in March 2022 after several extensions because there was "an overwhelming volume" of documents to sort through.

"I have no doubt that that's what Judge Zimmer was experiencing as well. And so I think we need to be patient and wait for his report to be finished rather than seeking to replace him at this very late stage," Rodgers said.