Lisa Banfield was one of three people charged with providing ammunition to the gunman. She will now have her criminal charge resolved, clearing the way for her to testify in a public inquiry.
The spouse of the gunman who killed 22 people in a horrific mass shooting that began in Portapique, N.S., will have her criminal charge resolved, clearing the way for her to testify about what she knows for the first time in a public inquiry.
Lisa Banfield appeared in Dartmouth provincial court Wednesday morning in relation to a single charge of supplying ammunition to her common-law partner, which he used in the April 2020 rampage.
Her trial had been scheduled to start March 22, but on Wednesday Crown lawyer Eric Taylor said public interest would be best served by referring the case to restorative justice.
Banfield’s defence lawyer James Lockyer has withdrawn her not guilty plea. If she completes the program, the criminal charge will be withdrawn.
The court heard that the restorative justice program is preparing to accept this case.
Banfield’s matter returns to court May 3.
Lockyer also said he and Banfield will meet with the Mass Casualty Commission heading up the inquiry Wednesday afternoon. The inquiry’s chief commissioner, Michael MacDonald, confirmed that Banfield will be called as a witness.
He said it was never a matter of whether the commission would hear from her, but “how and when.” He said the afternoon meeting would be the first of several meetings and she would appear under subpoena later in the inquiry process.
MacDonald said at that time, she will be able to answer questions about what happened on April 18 in Portapique.
According to the province’s website, the goal of the program is to engage all parties involved in “appropriate ways” to understand what happened, the harms, and what must happen to address these harms “in a way that will ensure a just outcome and just relations in future.”
The ongoing public inquiry into what happened on April 18 and 19, 2020, has heard many calls from the victims’ families to have Banfield take the stand.
Banfield’s other lawyer, Craig Zeeh, told the inquiry via a Zoom appearance last week that his client could not open herself up to further interviews or testimony while her criminal charge was moving through the courts.
“If her legal jeopardy were to be gone, Ms. Banfield will cooperate fully with this inquiry — will subject herself to further interviews on questions that commission counsel may have, or other counsel may have, to get a better understanding of what the big picture is,” Zeeh said.
The commission has presented documents summarizing what it believes happened in Portapique. They state the gunman attacked Banfield and proceeded to kill 13 neighbours after she escaped and hid in the woods.
The commission has based its preliminary findings on lengthy interviews Banfield gave to the RCMP after she emerged, hours after the shootings began. She has not spoken on the record to police or the commission since then.
Families were adamant they wanted to hear from Banfield. Sandra McCulloch of Patterson Law told the inquiry “it’s plain and obvious that there is no witness more critical” than Banfield, particularly given she was with the gunman in the days and hours leading up to the killings.
Banfield can shed light on “what preceded his change, countenance and behaviour,” said McCulloch, whose firm is representing 23 participants in the inquiry, including the majority of the families of people killed.
Given where Banfield told police she hid, McCulloch said the location was also “critically located to potentially enable [Banfield] to observe a great deal of the activity that took place in Portapique overnight,” including the movements of community members and RCMP officers.
Lawyers for the commission itself previously said they hoped to hear more from Banfield, but that it made sense to wait and “reassess the situation” in April when her original trial would have ended.
More information on Banfield’s background with the perpetrator will also be presented later in the inquiry.
Banfield is suing Wortman’s estate, which was initially valued at more than $1.2 million. In her statement of claim, which was filed with the Nova Scotia Supreme Court, she said she was the victim of an assault and battery, and she suffered physical, emotional and psychological injuries and trauma. In June 2020 she also renounced her right to be the executor of his will.
But some have raised concerns about the impact of Banfield testifying publicly.
Lawyer Anastacia Merrigan, who represents a coalition of groups including the Transition Houses Association of Nova Scotia, Be the Peace Institute and Women’s Shelters Canada, said it would be “neither appropriate nor trauma informed” to call Banfield as a witness.
“Requiring Ms. Banfield to relive this trauma and to face the criticism and the sort of detailed testing of evidence as suggested by counsel this morning, causes other victims of intimate partner and gender-based violence to fear the reporting process,” she said last week.
Two others charged on same issue
Banfield was one of three people alleged by RCMP to have provided the gunman with .223-calibre Remington cartridges and .40-calibre Smith & Wesson cartridges in the month leading up to the massacre that started in Portapique.
When RCMP first announced the charges in December 2020, the force said the three had no knowledge of what the gunman would do.
Banfield’s brother, James Banfield, pleaded guilty to the charge in January. The third man, Banfield’s brother-in-law Brian Brewster, is scheduled to go to trial in July of this year.
Before the inquiry began, Brewster’s lawyer accused the RCMP of using his client as a “scapegoat” in order to deflect attention away from the force’s own failings during the 13-hour killing rampage.
Investigators have previously said they don’t believe the gunman had a firearms licence. Police have said he obtained pistols and rifles illegally: three came from the U.S. and one came from the estate of someone he knew in Canada.
Lisa Banfield was one of three people charged with providing ammunition to the gunman. She will now have her criminal charge resolved, clearing the way for her to testify in a public inquiry.Lisa Banfield (second from left) leaves Dartmouth court on Wednesday. (CBC)The spouse of the gunman who killed 22 people in a horrific mass shooting that began in Portapique, N.S., will have her criminal charge resolved, clearing the way for her to testify about what she knows for the first time in a public inquiry. Lisa Banfield appeared in Dartmouth provincial court Wednesday morning in relation to a single charge of supplying ammunition to her common-law partner, which he used in the April 2020 rampage. Her trial had been scheduled to start March 22, but on Wednesday Crown lawyer Eric Taylor said public interest would be best served by referring the case to restorative justice. Banfield’s defence lawyer James Lockyer has withdrawn her not guilty plea. If she completes the program, the criminal charge will be withdrawn. The court heard that the restorative justice program is preparing to accept this case. Banfield’s matter returns to court May 3. Lockyer also said he and Banfield will meet with the Mass Casualty Commission heading up the inquiry Wednesday afternoon. The inquiry’s chief commissioner, Michael MacDonald, confirmed that Banfield will be called as a witness. He said it was never a matter of whether the commission would hear from her, but “how and when.” He said the afternoon meeting would be the first of several meetings and she would appear under subpoena later in the inquiry process. MacDonald said at that time, she will be able to answer questions about what happened on April 18 in Portapique. According to the province’s website, the goal of the program is to engage all parties involved in “appropriate ways” to understand what happened, the harms, and what must happen to address these harms “in a way that will ensure a just outcome and just relations in future.” The ongoing public inquiry into what happened on April 18 and 19, 2020, has heard many calls from the victims’ families to have Banfield take the stand. Banfield’s other lawyer, Craig Zeeh, told the inquiry via a Zoom appearance last week that his client could not open herself up to further interviews or testimony while her criminal charge was moving through the courts. “If her legal jeopardy were to be gone, Ms. Banfield will cooperate fully with this inquiry — will subject herself to further interviews on questions that commission counsel may have, or other counsel may have, to get a better understanding of what the big picture is,” Zeeh said. Lisa Banfield appears in Dartmouth provincial court Wednesday, where her single criminal charge was referred to restorative justice. (Craig Paisley/CBC) The commission has presented documents summarizing what it believes happened in Portapique. They state the gunman attacked Banfield and proceeded to kill 13 neighbours after she escaped and hid in the woods. The commission has based its preliminary findings on lengthy interviews Banfield gave to the RCMP after she emerged, hours after the shootings began. She has not spoken on the record to police or the commission since then. Families were adamant they wanted to hear from Banfield. Sandra McCulloch of Patterson Law told the inquiry “it’s plain and obvious that there is no witness more critical” than Banfield, particularly given she was with the gunman in the days and hours leading up to the killings. Banfield can shed light on “what preceded his change, countenance and behaviour,” said McCulloch, whose firm is representing 23 participants in the inquiry, including the majority of the families of people killed. Given where Banfield told police she hid, McCulloch said the location was also “critically located to potentially enable [Banfield] to observe a great deal of the activity that took place in Portapique overnight,” including the movements of community members and RCMP officers. Twenty-two people died on April 18 and 19. Top row from left: Gina Goulet, Dawn Gulenchyn, Jolene Oliver, Frank Gulenchyn, Sean McLeod, Alanna Jenkins. Second row: John Zahl, Lisa McCully, Joey Webber, Heidi Stevenson, Heather O’Brien and Jamie Blair. Third row from top: Kristen Beaton, Lillian Campbell, Joanne Thomas, Peter Bond, Tom Bagley and Greg Blair. Bottom row: Emily Tuck, Joy Bond, Corrie Ellison and Aaron Tuck. (CBC) Lawyers for the commission itself previously said they hoped to hear more from Banfield, but that it made sense to wait and “reassess the situation” in April when her original trial would have ended. More information on Banfield’s background with the perpetrator will also be presented later in the inquiry. Banfield is suing Wortman’s estate, which was initially valued at more than $1.2 million. In her statement of claim, which was filed with the Nova Scotia Supreme Court, she said she was the victim of an assault and battery, and she suffered physical, emotional and psychological injuries and trauma. In June 2020 she also renounced her right to be the executor of his will. But some have raised concerns about the impact of Banfield testifying publicly. Lawyer Anastacia Merrigan, who represents a coalition of groups including the Transition Houses Association of Nova Scotia, Be the Peace Institute and Women’s Shelters Canada, said it would be “neither appropriate nor trauma informed” to call Banfield as a witness. “Requiring Ms. Banfield to relive this trauma and to face the criticism and the sort of detailed testing of evidence as suggested by counsel this morning, causes other victims of intimate partner and gender-based violence to fear the reporting process,” she said last week. Two others charged on same issue Banfield was one of three people alleged by RCMP to have provided the gunman with .223-calibre Remington cartridges and .40-calibre Smith & Wesson cartridges in the month leading up to the massacre that started in Portapique. When RCMP first announced the charges in December 2020, the force said the three had no knowledge of what the gunman would do. Banfield’s brother, James Banfield, pleaded guilty to the charge in January. The third man, Banfield’s brother-in-law Brian Brewster, is scheduled to go to trial in July of this year. Before the inquiry began, Brewster’s lawyer accused the RCMP of using his client as a “scapegoat” in order to deflect attention away from the force’s own failings during the 13-hour killing rampage. Investigators have previously said they don’t believe the gunman had a firearms licence. Police have said he obtained pistols and rifles illegally: three came from the U.S. and one came from the estate of someone he knew in Canada.