Former Fredericton junior hockey player pleads not guilty to manslaughter

A former player with the Maritime Junior Hockey League's Fredericton Red Wings has pleaded not guilty to manslaughter after the death of a 41-year-old man in September.

Tyler Totten, 19, elected a judge and jury trial in Fredericton provincial court on Monday. 

He's charged in connection with the death of André Bourgeois, who died on Sept. 27 after what police described as a "serious assault" in Fredericton's bar district a few days earlier.

Two 17-year-old boys and a 16-year-old boy are also charged with manslaughter in the case but cannot be identified under the Youth Criminal Justice Act. The Crown said at a court appearance on Nov. 20 that it would seek adult sentences for all three if they're convicted. One of the youths also faces a charge of assault.

The three youths were back in court again on Wednesday for election. Judge Mélanie Poirier LeBlanc agreed to adjourn the proceedings until Jan. 15, as the youths' lawyers are still waiting for evidence to be disclosed.

All four accused were released under conditions in October. The details heard at their bail hearings are protected under a publication ban.

Totten last played in league in October

Totten joined the Red Wings this season after previous stints with the league's Miramichi Timberwolves and Valley Wildcats.

The forward from Truro, N.S., appeared in eight regular-season games with the Red Wings and continued to play after the alleged assault on Sept. 22.

Totten last suited up for the Red Wings against the Summerside Western Capitals on Oct. 12. He was charged on Oct. 17.

James Faulkner, a spokesperson with the Maritime Junior Hockey League, told CBC News that Totten is no longer a member of the Red Wings.

He did not answer a question about whether Totten faces any further restrictions when it comes to playing elsewhere in the league.

"We have no further comment at this time," Faulkner wrote in an email.

The Maritime Junior Hockey League is a Junior A league that falls under the umbrella of the Canadian Junior Hockey League. That organization "operates under the auspices of the Hockey Canada branch structure and is a member in good standing within Hockey Canada," according to the CJHL website.

When asked whether Hockey Canada has taken any action or imposed any sanctions against the Red Wings or placed any restrictions on Totten's participation, a spokesperson for Hockey Canada said "all matters involving serious misconduct by individuals in Hockey Canada-sanctioned programs are managed by an Independent Third Party."

The Independent Third Party operates under the name Sport Complaints and is supported by independent case managers who are lawyers or paralegals with a background in safe sport, according to the third party's website.

"When a complaint has been filed … the Hockey Canada Management Complaint Policy enables the [Independent Third Party] to impose interim sanctions if deemed necessary," spokesperson Spencer Sharkey wrote in an email to CBC News.

He said the process is confidential, and he couldn't comment on "any individual files that may or may not be under the oversight of the [independent third party], including whether a complaint has been filed on a specific participant."

A love of the ocean

A preliminary hearing is set for the manslaughter charge against Totten on June 25, June 27 and July 11 of next year.

Bourgeois was a boat captain who lived in the southeastern New Brunswick community of Grand-Digue. In his obituary, he's remembered for his love of the ocean.

"Later on in life, he would incorporate that love into his own charter business," the obituary says.

"André could accomplish anything he set his mind to. He was driven, resilient, hard working, and always willing to lend a hand to anyone in need."