Nova Scotia RCMP apologize for mishandling of murdered woman’s sex assault case, say changes made

The Nova Scotia RCMP is apologizing for how the Mounties handled the case of a woman who was murdered by her neighbour after she reported he sexually assaulted and harassed her, but say there is nothing they can do to discipline the officers involved.

The officer in charge of the RCMP in Nova Scotia has offered condolences to the family and friends of Susan Butlin, nearly nine years after she was killed.

Butlin, 58, was shot and killed in her Bayhead home near Tatamagouche, N.S., by her neighbour Ernie (Junior) Duggan in September 2017. Duggan is serving a life sentence after pleading guilty to second-degree murder in 2019.

The Civilian Review and Complaints Commission for the RCMP (CRCC) released a scathing report on Thursday that found “serious deficiencies” in how the Bible Hill RCMP detachment handled every aspect of Butlin’s case. 

“I do apologize. I extend my apology to the family of Susan Butlin herself,” Assistant Commissioner Dan Morrow said Friday in an interview.

“The CRCC findings were blunt, and they should have been, because there was multiple layers of failures within that investigation. From that, though, we have taken steps to improve our sexual assault investigations moving forward.”

The report makes more than a dozen recommendations for the lead investigator in Butlin’s sex assault case, Const. Patrick Crooks. Crooks took Butlin’s initial call and determined after a 15-minute phone conversation, that he did not record, that what she reported did not constitute a sexual assault. 

Butlin soon after gave a formal statement to Const. Christiana Whalen, but Whalen also agreed there was no evidence a sexual assault had taken place. 

The original officers and their supervisors never changed this assessment that Butlin’s complaint was unfounded, even after a Truro provincial judge flagged that the case could be criminal when he read Butlin’s peace bond application against Duggan.

Instead, multiple officers began questioning her credibility. Crooks said Butlin’s peace bond allegations were “borderline perjury,” even though the details he considered “new” were in Butlin’s formal statement he had never listened to.

After reviewing her file, a Cpl. Wentzell told Butlin he believed there were inconsistencies in her story, and police must consider public mischief when faced with conflicting stories. Public mischief is the offence of intentionally misleading police by making a false statement, and the report said Butlin left the meeting in tears.

Multiple officers remain on duty in N.S.

Morrow said the RCMP has followed the report’s recommendations for the officers involved in Butlin’s case to receive more training, specific guidance on key mistakes, formal notices on their files, and Crooks’ past sex assault cases that did not lead to charges are being reviewed for errors.

The RCMP said Crooks, who has since been promoted to corporal, is in active duty with the Halifax district, while Const. Clements (formerly Whalen), and Wentzell, also promoted to inspector, are active in N.S.

Other officers are on duty in different parts of Canada, while others have left the RCMP.

When asked why certain officers were not dismissed, Morrow said “underneath the RCMP Act it doesn’t provide the provisions for any dismissal process,” because the events happened nine years ago.

Public complaints about an officers’ conduct must be made within a year of when the conduct is alleged to have happened, according to the legislation.

When asked how Nova Scotians can trust Crooks and these members now, Morrow said officers do not operate alone and “there is a very robust system in place at the back end.”

“So for instance, [Crooks] has an additional sergeants, staff sergeants, intimate partner violence, supervisory sexual assault teams. So it’s not just one individual,” Morrow said.

The CRCC announced its investigation in July 2022, after Butlin’s friend Suzanne Davis spoke out about her case in the aftermath of Nova Scotia’s mass shooting in April 2020. She has said she felt the RCMP in Bible Hill ignored red flags around the gunman for years, just as they had ignored Butlin.

Davis said she is relieved and validated to see such a thorough report, although the officers who dealt with Butlin “should not be in policing at all.”

“Someone had to fight for her. And I stood up to the plate. And something’s gotta change here,” Davis said Thursday.

After hearing Davis speak out, retired RCMP officer Cathy Mansley officially complained about the case to the CRCC in the fall of 2021, eventually triggering the review.

Mansley said she is still angry that it took Davis speaking out and her complaint to lead to public accountability, rather than the RCMP apologizing years earlier.

“Does it have to get to this point that we have to question them all the time, every time something like this happens? Like, why, why, why does this keep happening?” Mansley said Thursday.

Nova Scotia Justice Minister Scott Armstrong said in a statement that the province expects law enforcement to “take these reports seriously and make every effort to prevent violence.”

Armstrong said he has confidence the RCMP have, and will continue to, make the changes necessary to follow the report’s recommendations.

“This case reinforces the importance of continued work underway across government on gender-based violence prevention, victim/survivor supports, and safer communities,” Armstrong said.

The RCMP commissioner has supported 77 of the commission’s recommendations in full or in part, including creating specialized units to investigate sexual offences in each RCMP division, and making training on sexual offences and consent law mandatory for all members dealing with these cases.

Public should have ‘trust and confidence in the RCMP’

“I want to assure Nova Scotians that they should have the trust and confidence in the RCMP to conduct these investigations,” Morrow said.

Morrow said Nova Scotia now has four investigators specializing in intimate partner violence and sexual assault cases in two of the province’s three RCMP districts. He said they provide expertise in reviewing all sex assault cases in their areas, and can take over complex files when needed.

The third Halifax district has its own Sexual Assault Investigative team (SAIT), which is an integrated unit with both Halifax Regional Police and RCMP members.

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