Spouse of Portapique gunman to have criminal charge resolved

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Banfield's defence lawyer James Lockyer has withdrawn her not guilty plea. If she completes the program, the criminal charge will be withdrawn.

Lockyer also said he and Banfield will meet with the Mass Casualty Commission heading up the inquiry Wednesday afternoon. 

The court heard that the restorative justice program is preparing to accept this case. 

Banfield's matter returns to court May 3.

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.

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.