Slain Sask Mounties described as 'heroes' so murder trial must be moved: lawyer

Bill Roe told court he wants the trial for his client, Curtis Dagenais, moved from the town of Battleford to a larger city such as Saskatoon.

He also said he wants to question potential jurors about possible bias.

"One of the issues in this case will be the conduct of the officers in question," said Roe.

"The term hero may or may not be the appropriate term to apply to the conduct of the people who were involved in this matter."

Constables Robin Cameron, 29, and Marc Bourdages, 26, were shot in the head during a chase along country roads near Spiritwood on July 7, 2006.

They died just hours apart, nine days later in hospital.

Dagenais, 43, was wearing shackles as he shuffled into Battleford Court of Queen's Bench for the change of venue hearing Tuesday.

Standing in the prisoner's box, he pleaded not guilty to two counts of first-degree murder and to a charge of attempting to murder a third officer.

His month-long jury trial was set to begin last week, but it was postponed when Roe applied for a change of venue.

Roe said it is a tragedy two officers are dead. But the cumulative effect of tributes and memorials in their names may have had an impact on the public's perception of the case, he argued.

He cited as examples "Remembering Heroes" bumper stickers that have been sold in Spiritwood and a memorial painting entitled "Fallen Heroes" that is to be auctioned to raise money for the officers' families.

As well, said Roe, the Spiritwood arena has been renamed the Bourdages-Cameron arena, and the school at the Beardy's and Okemasis First Nation reserve that was home to Cameron has been renamed after her. A statue has also been erected there in her memory.

Topping it off, Roe told the court, the two officers who died and six other members of the RCMP who are witnesses in the case were recently given awards of bravery for their actions on the night of the shooting.

"It's something that may affect the fairness of the trial."

Crown prosecutor Scott Bartlett opposed both moving the trial and allowing questioning of potential jurors.

He said Dagenais can receive a fair trial in Battleford, and the defence has not provided concrete evidence the public has been affected by the memorials and tributes.

Of the 117 people ordered to attend jury selection for the trial last week, only three of them were from the immediate Spiritwood area, Bartlett pointed out.

Justice Gerald Allbright said the driving distance from where the shooting occurred is only about 30 kilometres closer to Battleford than Saskatoon.

And, he added, judges in Saskatchewan have not granted many requests to question potential jurors.

Jurors take an oath to base their verdict solely on the evidence they hear during a trial, said Allbright.

"Many times what people hear outside the courtroom gets lost in the process."

He said he will rule on the matter next week.