MCC Day 18 - More on Police Uniforms, Gaps in Firearms Evidence

The proceedings today featured a single witness, speaking to police uniforms, and also submissions from lawyers for the participants on gaps they identified in the evidence that has been presented so far dealing with firearms. The focus of the Corps Sergeant Major’s testimony (lead by Commission lawyer Rachel Young) was the deliberations of a working group on RCMP uniforms, how they address requests from officers for new uniforms or to keep theirs after retirement. Another news item that caught my eye was a report from Paul Palango in Frank Magazine regarding the video of the killer’s final moments at the Big Stop which has not been disclosed or played publicly. The videos from the Big Stop which were provided to the media were done so on the condition they not be used, and that they be destroyed after viewing. It is absurd that the best possible evidence of a key moment is not being used, yet this is where we stand. David Hutt, a media lawyer acting for Frank Magazine, has made an application to the MCC to have standing to argue for the video to be disclosed. Given the comments in the MCC’s Interim Report about the lawyers for the Commission having roles equivalent or at least similar to those of Crown Prosecutors (that is to say they are obligated to seek justice, and not victories or convictions) we should be able to expect that these lawyers would support Frank Magazine’s application. The only possible reason for opposing the disclosure of this video is that it may undermine the heroic narrative that has been presented, and that should not be a consideration of the Commission. If the MCC feels the video is too traumatic to show publicly, that would not prevent them from disclosing it to the parties. One final piece of news broke in the afternoon, that James Banfield, brother to Lisa Banfield, has had his criminal charges referred to Restorative Justice. James Banfield had been charged, along with Ms. Banfield and Brian Brewster, with supplying ammunition to the perpetrator. James Banfield had already plead guilty to the charge, which is not a barrier to Restorative Justice, and it is entirely appropriate to have consistent treatment of those with the same charges. Back to the proceedings, the afternoon portion of the day was used to allow lawyers for the parties to critique and identify gaps in the firearms-related evidence. The parties are seeking further analysis of the expert reports, more details on the evidence of Brenda Forbes and Cst. Wiley, and reiterating the importance of hearing from Ms. Banfield.