'There were many victims in this': Reaction to lawsuit filed by N.S. killer’s former spouse

Gunman’s ex-spouse sues RCMP, N.S. Lisa Banfield is suing the RCMP and the province of Nova Scotia, alleging charges laid against her amounted to “malicious prosecution.”

In Oct. 2020, Lisa Banfield walked the RCMP through what happened to her the night of Apr. 18 of that year, telling investigators her spouse, Gabriel Wortman, assaulted her, handcuffed her, and put her in the back of his replica police car.

She managed to escape and hid in the woods overnight in the community of Portapique, N.S.

He went on murder 22 people, including a pregnant mother, over a terrifying 12-hour rampage affecting a number of communities.

When Banfield gave her videotaped statement, and other statements to police before that, she wasn't charged with any crime.

But that December, RCMP announced she, her brother, and brother in law were charged with supplying Wortman with ammunition for his illegal guns. When the charges were laid, the RCMP said the three had no prior knowledge of the killer's actions. All went through restorative justice, and the charges were dropped earlier this year. Banfield then testified at the Mass Casualty Commission.

Now, a statement of claim filed in court in Amherst on Oct. 21 claims the ammunition charges against her were the result of “malicious prosecution.”

Banfield’s lawyer won’t say much about the court filing.

“It's too early to discuss the matter,” says Moncton-based lawyer Brian Murphy. “Normally when things are in litigation we don't discuss them anyway.”

But the statement of claim against the RCMP and Nova Scotia’s Public Prosecution Service alleges “…the Nova Scotia RCMP pursued a baseless and trumped up investigation…in an effort to conceal the RCMP’s own failings.…”

The court documents also state no one in the RCMP “…advised (Banfield) of her right to counsel during her…interviews on Apr. 20, Apr. 28, or June 28, 2020, nor before the recorded re-enactment which took place in late Oct. 2020.”

Wayne MacKay, a professor emeritus of law at Dalhousie University, says proving malicious intent requires a heavy burden of proof, because the plaintiff has to show there was intent to harm.

“Alleging malicious prosecution is a tough row to hoe,” says MacKay. “It's a difficult way to go because there is such a high standard.”

But he says the suit's other allegations could come into play in the case.

“Because if she was being treated as a victim, that's one thing,” he said. “If she's being treated as a suspect, that's quite another, which affects her right to counsel, (and) affects how she might want to respond.”

The families of those killed in the Apr. 2020 tragedy have their own lawsuit against the RCMP and the province, as well as a suit against the killer's estate, and Banfield herself. Rob Pineo declined to comment on Banfield’s suit.

Murphy says they are conscious of how others may react.

“We are very sensitive to the feelings and experiences of all other victims. It's just that there were many victims in this matter,” he says.

The Nova Scotia RCMP would only respond in a written statement.

“To date, the RCMP has not been served with the civil claim…but will review any such claim once served,” writes public information officer Cpl. Chris Marshall. “With this in mind, we will not be responding to allegations in any such claim.”

Nova Scotia’s Attorney General, Brad Johns, and the Public Prosecution Service, also declined interviews.

Court documents indicate Banfield is seeking damages for loss of reputation, quality of life, legal costs and lost past and future income, along with general and punitive damages to be determined by the courts.

The allegations have not been tested in court.