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ASIRT releases findings on shooting death of armed murder suspect

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From Alberta Serious Incident Response Team: RCMP acted reasonably in shooting fatality during arrest

On Jan. 7, 2017, ASIRT was directed to investigate the circumstances surrounding the death of a 27-year-old man during an attempted arrest by the RCMP that same day. 

During a planned entry into a Stoney Nakoda First Nation residence to locate the man and two others suspected of involvement in a recent homicide, a confrontation occurred that resulted in the man being shot by an RCMP Emergency Response Team (ERT) officer.

ASIRT interviewed police and civilian witnesses, including the individuals present in the home that day and the involved officers. As well, the crime scene was examined, and photographs, radio communications and all available video were seized. ASIRT’s investigation is complete.

Having reviewed the investigation, executive director Susan Hughson, QC, concluded there were no reasonable grounds, nor reasonable suspicion, to believe a police officer committed a criminal offence.

On Jan. 7, 2017, RCMP executed several arrest warrants at residences on the Stoney Nakoda First Nation in search of three men, wanted for a murder that had occurred six days earlier. At the time, RCMP had information that the 27-year-old man had also been in possession of a firearm, which violated a court-ordered prohibition in effect until 2025. As such, the execution of the warrants was deemed to be high risk.

At approximately 4 p.m., ERT simultaneously sent teams to execute the warrants at two neighbouring homes, one being the home of the family of the 27-year-old man and his brother, also wanted in relation to the same homicide. The father of the men met the officers at the doorway to the residence. Officers located the brother inside on the first floor and arrested him without incident. As the officers proceeded further into the home, several other people were located and contained on the main level while others emerged from the basement. When asked whether anyone was still in the basement, the officers were told no.

A number of officers went down to clear the basement, announcing that they were police and that they had a warrant. As they moved along an interior wall towards a doorway in the basement, a man, later confirmed to have been the 27-year-old man, yelled at the officers to get out and leave him alone. A single shot was then fired from the opposite side of the wall, penetrating through drywall and narrowly missing the officers. The officers called out “shots fired”, returned to the main floor and, after throwing a tear gas canister into the basement, evacuated the residence.

At this point, officers were aware that they were dealing with an armed man and took up positions to contain the residence after everyone had been moved to safety. At this point, the RCMP would have had the benefit of time and resources.

One officer went towards the treeline on the west side of the residence to establish a rear sniper point. He positioned himself behind an old washing machine approximately 12 metres away from the house. While doing so, a gunshot was heard, believed to have come from the southwest corner of the basement near the basement window closest to the officer, and the officer reported hearing the sound of breaking glass.

Almost immediately, a woman climbed out of the window. As the officer yelled commands for her to walk towards him, the 27-year-old man emerged from the same basement window with a shotgun in his hands, carried at waist level and pointing in the direction of the officer and the young woman. The officer fired a single shot from his rifle, striking the 27-year-old man in the torso, causing him to collapse to the ground. Other ERT members moved in to secure the man and the shotgun, and to render emergency aid.

With the tear gas coming out of the basement window, RCMP moved the man and placed him on a jacket on the snow-covered ground to prevent hypothermia. The RCMP loaded the man into an RCMP vehicle and transported him to an ambulance waiting a short distance away, as the house and scene had not yet been cleared and confirmed safe by ERT officers. These officers re-entered the residence and found it empty.

The man was transported to a Calgary hospital where he was declared deceased. He sustained a single gunshot wound to the abdomen that injured internal organs and his spinal cord. More significantly, it cut through the main abdominal artery. This resulted in substantial hemorrhage and death. Toxicology was positive for methamphetamine.

The man’s gun, a 12-gauge tactical shotgun, was recovered loaded with three unfired shells. The pump action was in the forward firing position.

Section 25 of the Criminal Code states that a police officer is authorized to use as much force as is reasonably necessary in the execution of his or her duties. When necessary, an officer is entitled to resort to lethal force where there are, subjectively and objectively, grounds to believe that the person presents a risk of imminent bodily harm or death to the officer or another person. Lastly, an officer may use lethal force to prevent flight in limited circumstances.

The evidence is unequivocal that the 27-year-old man called out and fired upon the officers as they descended the stairs to clear the basement. The only other person in the basement was the unarmed woman who had exited the residence just ahead of the man. The woman confirmed that, although she did not see the events leading up to the officer-involved shooting, she immediately turned after the gunshot and saw officers approach the man and kick the shotgun away from the man as he laid on the ground.

Both objectively and subjectively, the man presented a risk of imminent grievous bodily harm or death to the officer, and potentially to the woman who would have been in the line of fire. The officer was lawfully placed and acting in the lawful execution of his duty. In the circumstances, the force used was both reasonable and authorized under the Criminal Code. There being no grounds to believe that an offence was committed by a police officer, no charges will be laid.

ASIRT’s mandate is to effectively, independently and objectively investigate incidents involving Alberta’s police that have resulted in serious injury or death to any person.

After 15 years as a TV reporter with Global and CBC and as news director of RDTV in Red Deer, Duane set out on his own 2008 as a visual storyteller. During this period, he became fascinated with a burgeoning online world and how it could better serve local communities. This fascination led to Todayville, launched in 2016.

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Alberta

Former Chief Judge of Manitoba Proincial Court will lead investigation into AHS procurement process

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Deputy Minister of Jobs, Economy and Trade Christopher McPherson has issued the following statement on an independent third-party investigation into procurement and contracting processes used by the Government of Alberta and Alberta Health Services (AHS):

Deputy Minister of Jobs, Economy and Trade Christopher McPherson has issued the following statement on an independent third-party investigation into procurement and contracting processes used by the Government of Alberta and Alberta Health Services (AHS):

“While serving as Acting Deputy Minister of Executive Council, Premier Danielle Smith asked me to establish a credible, independent, third-party investigation into the procurement processes used by the Government of Alberta and AHS and their outcomes.

“I have informed Premier Smith that the Honourable Raymond E. Wyant, former Chief Judge of the Provincial Court of Manitoba, will lead this investigation. I asked Premier Smith to issue a ministerial order to facilitate his work and she has done so. Judge Wyant’s work on this matter begins immediately.

“Judge Wyant was appointed to the Manitoba bench in 1998 before becoming Chief Judge in 2002. Prior to his service on the bench, Judge Wyant worked as a criminal defence lawyer and Crown attorney and was acting deputy director of Manitoba prosecutions at the time of his appointment to the Bench. He has also taught law for many years at Robson Hall at the University of Manitoba.

“Judge Wyant will review the relevant legislation, regulations and policies related to procurement typically used by Government of Alberta departments and agencies, specifically AHS, and their application to the procurement of pharmaceuticals and to services offered by chartered surgical facilities. Questions that Judge Wyant will consider are outlined in the attached terms of reference, and include whether or not any elected official, Government of Alberta or AHS employee, or other individuals, acted improperly during the procurement processes. Judge Wyant will make recommendations to the government for improvement or further action as appropriate.

“Appointed under the Government Organization Act, Judge Wyant will operate independently of government. The Government of Alberta will provide Judge Wyant with access to all relevant documents held by its departments and AHS, as well as facilitate interviews with relevant individuals.

“Judge Wyant has been given a budget of $500,000 to undertake this important work, including to retain legal and audit assistance at his discretion. He is being paid $31,900 per month, which is the same remuneration rate as the Chief Justice of the Alberta Court of Justice.

“To ensure additional independence, Service Alberta and Red Tape Reduction will hold the budget for this third-party investigation.

“Judge Wyant will deliver an interim written report by May 30, 2025. A final written report and recommendations will be delivered by June 30, 2025, and it will be posted on alberta.ca.”

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Alberta

Province announces funding for interim cardiac catheterization lab at the Red Deer Regional Hospital

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Alberta’s government is partnering with the Red Deer Regional Health Foundation to expedite the delivery of life-saving cardiac services to central Alberta residents.

Alberta’s government is partnering with the Red Deer Regional Health Foundation to expedite the delivery of life-saving cardiac services to central Alberta residents.

Alberta’s government is committed to ensuring that Albertans have access to the health care they need, including life-saving cardiac care and lab services, no matter where they live. For those in central Alberta, the Red Deer Regional Hospital Centre plays a critical role in providing that care, which is why the $1.8-billion Red Deer Regional Hospital Centre redevelopment project includes two state-of-the-art cardiac catheterization labs.

While the project is expected to be completed by 2031, the government recognizes the urgent need for cardiac services for the 450,000 Albertans from Red Deer and surrounding rural communities. If passed, Budget 2025 will provide $3 million in startup funding and ongoing funding to cover the operational costs for an interim cardiac catheterization lab at the Red Deer Regional Hospital Centre.

“Every Albertan should have access to the health care services they need close to home. Albertans living in the Red Deer area have long advocated for a cardiac catheterization lab and I am pleased to support a project that we know will help save lives.”

Adriana LaGrange, Minister of Health

A cardiac catheterization lab is a dedicated space where specialized teams can carry out diagnostic tests that examine and evaluate heart function to aid in the diagnosis of cardiac health concerns and treatment of coronary artery disease. The lab will be equipped with specialized imaging equipment to allow for cardiac procedures primarily including ablation, angiogram and angioplasty.

The interim cardiac catheterization lab will be located within the existing Red Deer Regional Hospital Centre in a space currently being used as a physician’s lounge. Preliminary design plans are already in place and construction is expected to begin by fall 2025.

The Red Deer Regional Health Foundation has committed to funding the capital cost of the project, which is expected to be about $22 million.

In October 2024, the foundation announced the signing of a memorandum of understanding with Alberta Health Services to fast-track the opening of a cardiac catheterization lab at Red Deer Regional Hospital Centre.

“We are incredibly grateful for the generosity of the Donald and Lacey families, whose support is bringing life-saving cardiac care closer to home for the benefit of all central Albertans. Together with all our health care partners, their commitment to advancing health care will make a lasting impact on countless lives for years to come.”

Manon Therriault, chief executive officer, Red Deer Regional Health Foundation

The foundation’s work is made possible by the generosity of donors, supporters and champions across the region. To support the development of the interim cardiac catheterization lab, the foundation announced a $10-million donation from the John Donald family.

“I am pleased to support the development of cardiac services in central Alberta, something we’ve long advocated for. This initiative will provide essential care to our community and ensure that more lives are saved closer to home.”

John Donald, Red Deer Regional Health Foundation donor

By prioritizing the development of an interim cardiac catheterization lab, patients will have access to critical services about three years earlier than expected. The interim cardiac catheterization lab is expected to be operational in early 2027.

“Developing this lab will allow us to treat more cardiac patients closer to home and support them in their recovery. Enhancing our cardiac services will also support our efforts to recruit and retain the talented professionals needed to care for our region’s patients.”

Janice Stewart, chief zone officer, Alberta Health Services Central Zone

Being able to meet the needs of the province’s rapidly growing population is a top priority for Alberta’s government.

Quick facts

  • The $1.8-billion Red Deer Regional Hospital Centre redevelopment project will upgrade several services throughout the hospital site, including:
    • an additional patient tower
    • six new operating rooms
    • a new medical device reprocessing department
    • two new cardiac catheterization labs
    • renovations to various areas within the main building
    • a newly renovated and expanded emergency department
    • a new ambulatory clinic building to be located adjacent to the surface parkade

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