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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

Alberta takes big step towards shorter wait times and higher quality health care

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From the Fraser Institute

By Nadeem Esmail

On Monday, the Smith government announced that beginning next year it will change the way it funds surgeries in Alberta. This is a big step towards unlocking the ability of Alberta’s health-care system to provide more, better and faster services for the same or possibly fewer dollars.

To understand the significance of this change, you must understand the consequences of the current (and outdated) approach.

Currently, the Alberta government pays a lump sum of money to hospitals each year. Consequently, hospitals perceive patients as a drain on their budgets. From the hospital’s perspective, there’s little financial incentive to serve more patients, operate more efficiently and provide superior quality services.

Consider what would happen if your local grocery store received a giant bag of money each year to feed people. The number of items would quickly decline to whatever was most convenient for the store to provide. (Have a favourite cereal? Too bad.) Store hours would become less convenient for customers, alongside a general decline in overall service. This type of grocery store, like an Alberta hospital, is actually financially better off (that is, it saves money) if you go elsewhere.

The Smith government plans to flip this entire system on its head, to the benefit of patients and taxpayers. Instead of handing out bags of money each year to providers, the new system—known as “activity-based funding”—will pay health-care providers for each patient they treat, based on the patient’s particular condition and important factors that may add complexity or cost to their care.

This turns patients from a drain on budgets into a source of additional revenue. The result, as has been demonstrated in other universal health-care systems worldwide, is more services delivered using existing health-care infrastructure, lower wait times, improved quality of care, improved access to medical technologies, and less waste.

In other words, Albertans will receive far better value from their health-care system, which is currently among the most expensive in the world. And relief can’t come soon enough—for example, last year in Alberta the median wait time for orthopedic surgeries including hip and knee replacements was 66.8 weeks.

The naysayers argue this approach will undermine the province’s universal system and hurt patients. But by allowing a spectrum of providers to compete for the delivery of quality care, Alberta will follow the lead of other more successful universal health-care systems in countries such as Australia, Germany, the Netherlands and Switzerland and create greater accountability for hospitals and other health-care providers. Taxpayers will get a much better picture of what they’re paying for and how much they pay.

Again, Alberta is not exploring an untested policy. Almost every other developed country with universal health care uses some form of “activity-based funding” for hospital and surgical care. And remember, we already spend more on health care than our counterparts in nearly all of these countries yet endure longer wait times and poorer access to services generally, in part because of how we pay for surgical care.

While the devil is always in the details, and while it’s still possible for the Alberta government to get this wrong, Monday’s announcement is a big step in the right direction. A funding model that puts patients first will get Albertans more of the high-quality health care they already pay for in a timelier fashion. And provide to other provinces an example of bold health-care reform.

Nadeem Esmail

Senior Fellow, Fraser Institute
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Alberta

Alberta’s embrace of activity-based funding is great news for patients

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From the Montreal Economic Institute

Alberta’s move to fund acute care services through activity-based funding follows best practices internationally, points out an MEI researcher following an announcement made by Premier Danielle Smith earlier today.

“For too long, the way hospitals were funded in Alberta incentivized treating fewer patients, contributing to our long wait times,” explains Krystle Wittevrongel, director of research at the MEI. “International experience has shown that, with the proper funding models in place, health systems become more efficient to the benefit of patients.”

Currently, Alberta’s hospitals are financed under a system called “global budgeting.” This involves allocating a pre-set amount of funding to pay for a specific number of services based on previous years’ budgets.

Under the government’s newly proposed funding system, hospitals receive a fixed payment for each treatment delivered.

An Economic Note published by the MEI last year showed that Quebec’s gradual adoption of activity-based funding led to higher productivity and lower costs in the province’s health system.

Notably, the province observed that the per-procedure cost of MRIs fell by four per cent as the number of procedures performed increased by 22 per cent.

In the radiology and oncology sector, it observed productivity increases of 26 per cent while procedure costs decreased by seven per cent.

“Being able to perform more surgeries, at lower costs, and within shorter timelines is exactly what Alberta’s patients need, and Premier Smith understands that,” continued Mrs. Wittevrongel. “Today’s announcement is a good first step, and we look forward to seeing a successful roll-out once appropriate funding levels per procedure are set.”

The governments expects to roll-out this new funding model for select procedures starting in 2026.

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The MEI is an independent public policy think tank with offices in Montreal, Ottawa, and Calgary. Through its publications, media appearances, and advisory services to policymakers, the MEI stimulates public policy debate and reforms based on sound economics and entrepreneurship.

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