Anthony Heffernan's family asks minister to provide publicly funded lawyer in fatality inquiry
Sarah Rieger | CBC News | Posted: January 15, 2019 2:32 AM | Last Updated: January 16, 2019
His parents say they asked the justice minister legal representation a year ago and have yet to receive reply
The family of a man shot and killed by Calgary police in 2015 has asked the provincial justice minister to provide them with a publicly funded lawyer for the fatality inquiry into his death.
Anthony Heffernan, 27, was shot by police four times — including three shots to the head and neck — in his motel room at a Super 8 on Barlow Trail on March 16, 2015. Police were responding to a report a man was behaving strangely.
Police say Heffernan was in a drug-induced state, moved quickly and refused to drop a syringe and lighter when he was shot.
But, Heffernan's family has noted the "small diabetic needle" he was holding had no tip on it at the time, and argued the officer had fired recklessly and wildly, also hitting the floor and wall with bullets.
Crown prosecutors recommended in 2016 that no charges be laid against the officer who shot Heffernan, as there "was no reasonable likelihood of conviction," despite police watchdog Alberta Serious Incident Response Team finding some evidence that suggested an offence had been committed.
The same officer was also involved in a second fatal shooting the year after Heffernan's death.
'You need to provide legal representation,' family writes
Anthony's parents Pat and Irene Heffernan have launched a civil lawsuit against the police in their son's death.
On Monday, they sent an email to Justice Minister Kathleen Ganley, along with Premier Rachel Notley, Mayor Naheed Nenshi and police commissioner Brian Thiessen, saying it's been one year since they asked the justice department for representation in the fatality inquiry and have yet to receive a reply.
They said in 2016, they were told there would be a public inquiry into the death, and that Nancy McCurdy and Christine Nugent had been appointed as inquiry counsel — but would not act as legal counsel for the family.
"Minister Ganley — if you truly want the inquiry to answer all questions regarding Anthony's death and you are indeed looking for recommendations that will prevent the unnecessary killing of Alberta citizens, then, in our opinion, you need to provide legal representation for the family of the person who was killed by the police," the email reads.
Heffernan's parents pointed to Ontario, which decided last year that families of individuals killed by police would receive publicly funded lawyers, and that some families would be reimbursed who had to pay for their own lawyers.
CBC News has reached out to the justice minister's office for a response.
- MORE ALBERTA NEWS | That 'scream will haunt me': Protesters call for officer who repeatedly drove over deer to be fired
- MORE ALBERTA NEWS | Warrant issued as man charged with sexual assault at Alberta hotel pool flees to Pakistan
- Read more articles by CBC Calgary, like us on Facebook for updates and subscribe to our CBC Calgary newsletter for the day's news at a glance