Calls have mounted across Canada for an investigation into the Tumbler Ridge mass shooting, as residents of the small northern B.C. community search for answers amid their grief.
However, what that investigation should look like has been hotly debated, with some people wanting a coroner’s inquest, some pushing for a public inquiry, and others wanting both.
Part of that decision was made Tuesday, when B.C.’s chief coroner, Dr. Jatinder Baidwan, announced that there will be a coroner’s inquest into the nine deaths, which will be held once the coroner completes its investigation.
While the news has been received warmly by politicians across party lines in B.C., members of the provincial Conservative and Green parties say it’s not enough.
They want to see a public inquiry declared as well — without waiting for the outcome of the coroner’s inquest first, which could take years.
Public Safety Minister Nina Krieger didn’t rule out a public inquiry, but said B.C. will wait for the outcome of the coroner’s investigation first to see if any questions remain unanswered.
Coroner’s inquests are court proceedings typically called to investigate why deaths have happened and, through a jury of five to seven people, develop recommendations for preventing similar deaths from happening.
The timeline and location of the Tumbler Ridge inquest have yet to be set, but Baidwan said it will not be delayed by B.C.’s current backlog of inquests. Inquests typically last one to two weeks, but he expects this one will go on for longer.
Baidwan said the inquest will examine questions around mental health services in rural and remote communities, as well as how the weapons used in the shooting were acquired and what role artificial intelligence played.
Having a jury of average British Columbians is one strength of the coroner’s inquest, according to Emma Cunliffe, a professor at the University of B.C.’s law school.
“That provides an opportunity for public participation in the process, and it’s the jury itself that actually crafts the recommendations,” she said.
The inquest is generally quicker and less expensive than a public inquiry, but is more limited in scope, restricted to looking into facts and issues directly related to the deaths it is investigating.
Cunliffe said either investigation on a provincial level can subpoena information available within B.C. For example, if an employee at OpenAI — the owner of ChatGPT, the chatbot that the Tumbler Ridge shooter was using — worked in B.C., files could be ordered released by them.
However, a public inquiry on a federal level could subpoena information at the national level, and potentially obtain information held by companies in the U.S. by working with law enforcement there.
Public inquiries are investigations called by the government, which culminate in a final report and recommendations.
Cunliffe said they have a broader mandate than coroner’s inquests, including “to look into the systemic and structural factors that may have contributed to mass casualties.”
Politicians who have called for this type of inquiry say the broader scope is why they think it’s needed in this case, alongside a coroner’s inquest.
“We can’t get to the end of this coroner’s inquest and have a lot of questions remaining,” said B.C. Greens MLA Jeremy Valeriote.
While public inquiries are more comprehensive, they can also be more lengthy and costly, said Wally Oppal, a former B.C. attorney general and judge who has overseen numerous public inquiries.
However, public inquiries are able to hear evidence with opinions to allow witnesses to reflect on the evidence they’re providing, which Oppal says is not the case in a coroner’s inquest.
Both are inquisitorial processes — where the person overseeing the case has a significant role in gathering evidence, calling witnesses and deciding what information will be heard.
However, there’s no requirement that the recommendations from either a public inquiry or a coroner’s inquest must be implemented. And neither investigation can determine criminal or civil liability.
To help ensure progress was made in the wake of the Nova Scotia mass shooting in 2020, a committee was created to monitor work done on the Mass Casualty Commission’s 130 recommendations.
Cunliffe said something similar could be done in B.C. following the coroner’s inquest or potential public inquiry to ensure any recommendations made in the wake of the Tumbler Ridge shooting are implemented.
Oppal applauded the decision to call a coroner’s inquest, but noted that he felt the Tumbler Ridge case could warrant additional exploration through a public inquiry.
“Clearly, there are a lot of unanswered questions here,” he said.
“I think it’s in the public interest to do both if possible, because they are different vehicles.”
For Cunliffe, one of the priorities should be considering what the community of Tumbler Ridge needs. She cited one of findings of the Mass Casualty Commission in Nova Scotia that emphasized the importance of timely and clear information for the communities most affected.
“I’m sure that the community in Tumbler Ridge has the same questions,” she said.
Cunliffe said in her opinion, the NDP’s current decision to wait until the inquest concludes before deciding if a public inquiry is also needed “risks straining public trust and confidence.”
