No timeline on when Desmond Inquiry report to be done, its new head says

PORT HAWKESBURY, N.S. — Judge Paul Scovil didn’t offer estimates on how long it will take him to complete the Desmond Fatality Inquiry’s final report on Tuesday.

“I know everyone wants to know when this report might be done,” Scovil told a special hearing of the fatality inquiry at the Port Hawkesbury Justice Centre.

“It would be disingenuous of me to provide a date. What I can do is undertake to complete this as quickly as I can and in a manner that brings recommendations that are useful and consistent in helping to avert this type of tragedy from happening again.”

The inquiry is tasked with looking into what led to Afghan war veteran Lionel Desmond murdering his wife, Shanna, daughter Aaliyah and mother Brenda before taking his own life on January 3, 2017.

Seventy witnesses testified over 58 days of hearings and 58,699 documents were collected in the inquiry that revealed significant gaps in the care of veterans suffering from post-traumatic stress disorder after their discharge, sharing of medical records between the military and provincial health authorities, the ongoing monitoring of the mental health of those possessing firearms licences and the large amounts of marijuana being prescribed.

Working toward final report

The inquiry was conducted under Judge Warren Zimmer, who wrapped up hearings last April and was working toward filing its final report.

In a surprise move this July, Justice Minister Brad Johns refused to extend Zimmer’s tenure over the inquiry, citing delays in filing of the final report.

Zimmer had informed the department he would be filing his report by August but Scovil was appointed to replace Zimmer.

During his remarks on Tuesday, Scovil thanked the many witnesses, families, lawyers, sheriffs and support staff involved in the inquiry, but didn’t mention Zimmer.

‘Engendered credibility’

Only one of the 11 lawyers paid by the government to represent the institutions under scrutiny and the families themselves had anything to say about it during Tuesday’s hearing.

“Judge Zimmer has engendered credibility with the parties and with the public throughout the process,” Adam Rodgers, a lawyer representing the interests of Cassandra Desmond and Lionel Desmond.

“… He also showed an appropriate degree of judicial independence which gave the parties confidence that he wouldn’t pull any punches with his recommendations, though that may have been what ultimately led to his inappropriate removal.”

Two options

He questioned the Department of Justice’s assertion that the final report was taking too long, considering the number of witnesses and documents and the lack of staff available to the judge. Rodgers went on to say that in a review of inquiries held across Canada, he wasn’t able to find a case where a judge was removed at such a late date.

“It seems that you have two options before you,” said Rodgers.

“You can review all the evidence and start from scratch or you can take what Judge Zimmer has already written and complete that report from a sort of hybrid perspective considering both his and your views.

“… of those two basic options before you, my client encourages you to take the latter.”

Scovil did not respond in the affirmative

“I just want to say, it is my inquiry,” Scovil told Rodgers after the latter wrapped up his remarks. “I have the advantage of not only transcripts, but I’ve reviewed extensively the exhibits, as well the webcast so I’ve been able to feel the impact.

“So all that is before me and I will certainly provide a report that is going to be fresh in my mind and will address those concerns that you have gone through. Make no mistake this is highly important work and it is highly important that I get things right.”