The Fredericton Police Force is vowing to correct how they investigate major crimes after an independent review recommended broad changes in response to a police evidentiary mistake that derailed prosecutions into two killings in the New Brunswick capital last spring.
Fredericton Police Chief Gary Forward apologized Friday for the police error that halted the criminal cases against five people accused in the deaths of Corey Markey and Brandon Donelan in 2021 and 2022.
“I accept full responsibility for the error that led to the stays of proceedings, and I recognize the profound impact this has had, not only on the families, but on the public confidence in our police force and the justice system,” Chief Forward told reporters at a press conference.
“This is something that never should have happened,” he later said.
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Chief Forward declined to give specifics about the evidence issue that prompted the review because of rules under the Canada Evidence Act. However, he said the stay of proceedings resulted from an “insurmountable evidentiary issue” linked directly to an error initiated, discovered and subsequently reported to the Crown by the police force.
The 48-page report, authored by Ontario lawyer Ian D. Scott, a former director of Ontario’s Special Investigations Unit, outlined 19 recommendations to strengthen training, oversight, file management and staffing for major crimes. He also recommended a comprehensive review of all current and historical unsolved major case files at the Fredericton Police Force.
The review made specific recommendations related to the evidentiary issue but those could not be disclosed either.
“The impact on the Fredericton community, and in particular the families of Corey Markey and Brandon Donelan, cannot be adequately expressed in words when these murder charges were stayed,” wrote Mr. Scott in the report.
The collapse of the court cases “shook the public confidence in the criminal justice system and deprived everyone, especially the family members, of a public trial.”
Chief Forward said he accepts the recommendations and pledged to immediately implement the first one – a formal oversight framework to ensure all recommendations are completed. He said quarterly updates will be provided to the city of Fredericton and the provincial Department of Justice and Public Safety.
Mr. Scott, along with retired RCMP inspector Andrea Gallant, conducted the review at the request of the chief. They interviewed senior officers of the Fredericton Police Force and victims’ families, and analyzed 63 major crime and high-risk files from 2021 to 2025.
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Their review found inconsistencies in the application of case-management principles and the use of command structure, and gaps in supervisory oversight. The report noted that major crime investigations are generally well-managed.
Mr. Scott said the family members of the victims rightly feel they have been let down by the justice system.
“I feel for them,” Mr. Scott said in response to questions from reporters. “They have been poorly treated.”
In his review, Mr. Scott also considered whether a criminal offence was committed, but found that there was no willful attempt to obstruct or pervert the case. No one from the Fredericton police faced discipline as a result of the error, though the report said there was conduct that could amount to neglect of duty by “failing to work in accordance with official police force policies and procedures.”
Mr. Scott said the challenges identified in the review reflect less on the effort of individual investigators than on the need for strong systems, standardized practices and enhanced oversight to support them in navigating complex investigations.
When asked if other major crime investigations may be affected by the shortcomings identified in the review, Chief Forward said that’s something he’ll be looking into as part of the recommendations. However, he said he’s not aware of any other files adversely affected by an “insurmountable evidentiary issue.”
“Detectives have been looking at this since the discovery back in June and would certainly report that if they find something,” he said.
Chief Forward said the criminal charges related to the stays will most likely not be revived.
Mr. Markey was shot in December, 2021, on Sitansisk First Nation in Fredericton and died eight days later in hospital. Weeks later, Mr. Donelan was reported missing. His body was later found off a snowmobile trail in March, 2022.
Five accused, charged with first-degree murder and second-degree murder, were in pretrial custody until June 27, 2025, when the Crown entered a stay of proceedings.