Alberta
ASIRT clears two Edmonton Police officers in death of suspect in custody
From the Alberta Serious Incident Response Team (ASIRT)
EPS officers acted reasonably in fatality
On Aug. 18, 2016, the Alberta Serious Incident Response Team (ASIRT) was directed to investigate the circumstances surrounding an encounter with the Edmonton Police Service (EPS), resulting in the death of a 34-year-old man that same day in Edmonton, Alberta.
As the death occurred during an encounter with police, the man’s death was deemed to be an in-custody death, and the investigation was assigned to ASIRT.
At 8:50 p.m. on that day, EPS received a call from Alberta Hospital regarding the man, who was a resident of Alberta Hospital with a history of violence and weapons offences. The man had been released from the hospital on a pass but was not complying with his conditions and failed to return to the hospital. A warrant was issued for his arrest. EPS was advised that the man was at a family residence causing a disturbance and was believed to be intoxicated by some form of drug, “freaking out,” and sweating profusely. The man was not described as being violent, but there was concern that he may become violent.
Two EPS officers responded to the residence, which was an apartment on the 14th floor. As the officers entered the suite, they immediately spoke with the man in an attempt to calm him. The man was initially compliant, but then attempted to exit onto the balcony and appeared to throw an object over the railing. Given his intoxication and behaviour, it was determined that permitting him onto the balcony was unsafe. As a result, when he failed to comply with verbal directions, the officers tried to take him into custody. Officers told the man that he was under arrest, and each officer tried to take control of one of the man’s arms. The man immediately became aggressive and resisted, and was ultimately taken to the ground by the two officers, where he continued to struggle against being placed into handcuffs. No blows were delivered. A wrist-lock, used as a pain-compliance technique, had no impact on the man. Following a struggle, the man was fully restrained and still able to speak.
The officers notified dispatch that the man was in custody and requested the assistance of Emergency Medical Services (EMS). At this point, the man was breathing and responsive, but was described as pale and sweaty. Prior to the arrival of EMS, the man’s condition deteriorated, and he exhibited difficulty breathing and failed to respond to verbal commands. One of the officers contacted dispatch to request that EMS be expedited, while members removed the restraints and placed the man in the recovery position. While awaiting EMS, the man stopped breathing. Officers alternated performing chest compressions on the man until EMS arrived. EMS transported the man to the University of Alberta Hospital where he was pronounced dead.
A small plastic bag of methamphetamine was recovered from the man’s person, along with a bottle containing 40 yellow pills of unknown origin.
The cause of death was attributed to “excited delirium syndrome secondary to methamphetamine toxicity.” The struggle with police and subsequent restraint was noted as a contributing factor. A toxicology report confirmed the presence of methamphetamine and its metabolites, as well as a small amount of oxycodone.
The man had been staying in a hotel room since leaving Alberta Hospital, and a search of that room revealed few personal effects but clear evidence of drug use, including methamphetamine as well as used and unused syringes. The room was in complete disarray with clothing on the floor and syringes throughout the room.
Under S.25 of the Criminal Code, a police officer is permitted to use as much force as is reasonably necessary in the lawful execution of their duties. Given the fact that they had been called to the residence for assistance and the fact that there was an outstanding warrant for the arrest of the man, the officers had both the lawful ability and duty to arrest him, and were permitted to use reasonably necessary force to do so.
When the man’s behaviour escalated, some use of force was necessary both to ensure the safety of the man, but also to detain him. To allow a mentally ill and intoxicated man access to the balcony would have been both irresponsible and highly dangerous. The force used by the two officers was brief, and was used only for the purpose of gaining control of the man, who had become non-compliant and was physically resistant. No weapons were used by the officers, and the use of force ceased immediately upon the man being restrained. Once the man was restrained and when a concern emerged regarding the man’s physical condition, police called EMS, removed the restraints, and attempted first aid.
While police and medical efforts were unfortunately unsuccessful in saving the life of the man, there is no basis to suggest any degree of negligence in failing to care for the man while in medical distress, and the force used to arrest him was no more than was reasonably necessary in the circumstances.
Having reviewed the matter, there are no reasonable grounds to believe that either officer committed any Criminal Code offence while dealing with the man. While his death was tragic, the actions of the officers were not only reasonable and lawful in the circumstances, they were necessary. A failure to take custody of the man would have left him in a position where he presented a serious risk to himself, the family members who were present, and the officers.
This was a terrible event for all involved. Notwithstanding his mental health and drug issues, the man had a family who loved him and wanted him to be safe and well. The officers attended with the intention of providing assistance to both the man and his family, to ensure everyone’s safety, and to have the man returned to Alberta Hospital so he could be properly treated. The outcome was one that no one present wanted and is an example of a situation when officers attempt to do everything correctly but there is still a tragic outcome. ASIRT extends its most sincere condolences to the family of the man.
From the Canadian Energy Centre
‘Today’s youth have the opportunity to lead us into the future with innovative solutions for environmental challenges’
After a 24-year career in oil sands land reclamation, author Tanya Richens is sharing her knowledge with young minds.
Her new book, From the Earth to Us: Discovering the Origins of Everyday Things, explores the relationship between natural resources and the things we use in everyday life, from computers and water bottles to batteries and solar panels.
“There is a gap in society’s understanding of where things come from. We are a society driven by consumerism and immediate gratification. We order something online, and it arrives on our doorstep the next day. We don’t stop to think about where it really came from or how it was made,” Richens says.
“There’s an ever-increasing societal position that mining is bad, and oil is even worse… But there’s a simple hypocrisy in those beliefs, since so many things in our lives are made from the raw materials that come from mining and oil and natural gas,” she says.
The book, illustrated by reclamation artist Shannon Carla King, follows young Hennessy Rose and her Cavalier King Charles Spaniel Riley on a trip to a children’s summer camp.
Hennessy’s mom is a guest speaker on the origin of everyday items and the relationship between humans and the earth. Through detailed explanations of items surrounding her, Hennessy’s mom teaches the kids how rocks, minerals, oil and gas from the earth are used to power and aid our lives, creating items such as building supplies, food and hair products, camping and sports equipment, and cell phones.
Author Tanya Richens poses with her two books for children about natural resources. Photo for Canadian Energy Centre
“I thought a simple and fun book explaining the raw materials needed to make everyday items would be valuable for all ages,” Richens says.
“When people feel personally connected to natural resources, they are more likely to promote sustainable practices. Today’s youth will have the opportunity to lead us into the future with innovative solutions for environmental challenges.”
Richens‘ career began with Alberta Environment, where she was a coordinator of reclamation approvals in the oil sands. She oversaw technical reviews of oil sands reclamation applications, communicated with statement of concern filers, coordinated public hearings and provided support for legislative changes.
She moved from government to Suncor Energy, ensuring the company’s compliance on reclamation projects and led initiatives to obtain reclamation certificates. She now works as an independent consultant.
Drawing on her wealth of experience in the field, Richens’ first book, Adventures in Land Reclamation: Exploring Jobs for a Greener Future, seeks to excite kids aged 9-12 years about jobs related to the environment and land reclamation.
Hoping to get From the Earth to Us into the hands of teachers, Richens is heading to the Edmonton Teachers Convention in late February. She says the book supports multiple learning outcomes in Alberta’s new science curriculum for grades 3, 4, 5 and 6.
“Ultimately, I’d like people to understand and acknowledge their individual part in the need for mining and oil and natural gas development. Until the naivety and hypocrisy in the world is addressed, I’m not sure that real environmental change is possible.”
Richens’ books can be purchased on her website at tcrenvironmental.com.
Canada’s wealth is based on its success as a trading nation. Canada is blessed with immense resources spread across a vast country. It has succeeded as a small, open economy with an enviable standard of living that has been able to provide what the world needs.
Canada has been stuck in a situation where it cannot complete nation‑building projects like the Canadian Pacific Railway that was completed in 1885, or the Trans Canada Highway that was completed in the 1960s. With the uncertainty of U.S. tariffs looming over our country and province, Canada needs to take bold action to revitalize the productivity and competitiveness of its economy – going east to west and not always relying on north-south trade. There’s no better time than right now to politically de-risk these projects.
A lack of leadership from the federal government has led to the following:
- Inadequate federal funding for trade infrastructure.
- A lack of investment is stifling the infrastructure capacity we need to diversify our exports. This is despite federally commissioned reports like the 2022 report by the National Supply Chain Task Force indicating the investment need will be trillions over the next 50 years.
- Federal red tape, like the Impact Assessment Act.
- Burdensome regulation has added major costs and significant delays to projects, like the Roberts Bank Terminal 2 project, a proposed container facility at Vancouver, which spent more than a decade under federal review.
- Opaque funding programs, like the National Trade Corridors Fund (NTCF).
- Which offers a pattern of unclear criteria for decisions and lack of response. This program has not funded any provincial highway projects in Alberta, despite the many applications put forward by the Government of Alberta. In fact, we’ve gone nearly 3 years without decisions on some project applications.
- Ineffective policies that limit economic activity.
- Measures that pit environmental and economic objectives in stark opposition to one another instead of seeking innovative win-win solutions hinder Canada’s overall productivity and investment climate. One example is the moratorium on shipping crude through northern B.C. waters, which effectively ended Enbridge’s Northern Gateway proposal and has limited Alberta’s ability to ship its oil to Asian markets.
In a federal leadership vacuum, Alberta has worked to advance economic corridors across Canada. In April 2023, Alberta, Saskatchewan and Manitoba signed an agreement to collaborate on joint infrastructure networks meant to boost trade and economic growth across the Prairies. Alberta also signed a similar economic corridor agreement with the Northwest Territories in July 2024. Additionally, Alberta would like to see an agreement among all 7 western provinces and territories, and eventually the entire country, to collaborate on economic corridors.
Through our collaboration with neighbouring jurisdictions, we will spur the development of economic corridors by reducing regulatory delays and attracting investment. We recognize the importance of working with Indigenous communities on the development of major infrastructure projects, which will be key to our success in these endeavours.
However, provinces and territories cannot do this alone. The federal government must play its part to advance our country’s economic corridors that we need from coast to coast to coast to support our economic future. It is time for immediate action.
Alberta recommends the federal government take the following steps to strengthen Canada’s economic corridors and supply chains by:
- Creating an Economic Corridor Agency to identify and maintain economic corridors across provincial boundaries, with meaningful consultation with both Indigenous groups and industry.
- Increasing federal funding for trade-enabling infrastructure, such as roads, rail, ports, in-land ports, airports and more.
- Streamlining regulations regarding trade-related infrastructure and interprovincial trade, especially within economic corridors. This would include repealing or amending the Impact Assessment Act and other legislation to remove the uncertainty and ensure regulatory provisions are proportionate to the specific risk of the project.
- Adjusting the policy levers that that support productivity and competitiveness. This would include revisiting how the federal government supports airports, especially in the less-populated regions of Canada.
To move forward expeditiously on the items above, I propose the establishment of a federal/provincial/territorial working group. This working group would be tasked with creating a common position on addressing the economic threats facing Canada, and the need for mitigating trade and trade-enabling infrastructure. The group should identify appropriate governance to ensure these items are presented in a timely fashion by relative priority and urgency.
Alberta will continue to be proactive and tackle trade issues within its own jurisdiction. From collaborative memorandums of understanding with the Prairies and the North, to reducing interprovincial trade barriers, to fostering innovative partnerships with Indigenous groups, Alberta is working within its jurisdiction, much like its provincial and territorial colleagues.
We ask the federal government to join us in a new approach to infrastructure development that ensures Canada is productive and competitive for generations to come and generates the wealth that ensures our quality of life is second to none.
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Devin Dreeshen
Devin Dreeshen was sworn in as Minister of Transportation and Economic Corridors on October 24, 2022.
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