Alberta
ASIRT says shooting of armed suspect reasonable use of force
From ASIRT (Alberta Serious Incident Response Team
On Sept. 27, 2017, the Alberta Serious Incident Response Team (ASIRT) was directed to investigate the circumstances surrounding the arrest of a 29-year-old man in Lloydminster that resulted in an officer-involved shooting.
During the arrest, the man was struck by a police vehicle and two RCMP officers discharged their service pistols, resulting in serious injury.
ASIRT interviewed police and civilian witnesses, including the 29-year-old man and both subject officers. Large portions of the events, including the uses of force were captured on audio and video recordings. 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 the involved officers committed any criminal offence.
On Sept. 27, 2017, Lloydminster RCMP officers attempted to stop a Dodge truck in relation to an outstanding investigation. The truck entered the drive-thru of a fast-food restaurant. An officer in a marked RCMP vehicle pulled behind the truck and activated its lights and siren. Other officers pulled in front of the truck. In response, the driver of the truck drove over the drive-thru curb and up an embankment to the roadway, speeding past two officers standing with their service pistols pointed at the truck. As the driver exited the parking lot, he headed northbound on 40 Avenue and engaged in a high-speed criminal flight from police.
As the truck approached 52 Street, it collided with a SUV driven by a 25-year-old woman, causing extensive damage to both vehicles and causing the woman’s vehicle to roll, landing on its roof. The woman did not sustain serious injury. The visible damage to her vehicle and the force of the collision would have easily left an observer with the belief that any occupant would have likely sustained serious injury or died. Data downloaded from the truck confirmed that immediately prior to the collision, it had been travelling at a speed of 144 km/h, and was moving at 124 km/h at the moment of collision.
The truck stopped on the side of the road. A passenger fled on foot from the truck to an adjacent field. The 29-year-old exited the truck holding a handgun, and immediately ran towards a man who stopped his truck to provide assistance.
An officer in pursuit pulled over his marked police vehicle and exited upon seeing the collision. He shouted verbal commands to drop the gun as the 29-year-old man ran towards the second truck. When the armed man failed to comply, the officer fired his service pistol. The man kept running and reached the civilian’s truck, attempting to gain entry. With a gun in hand, the man began banging on the driver’s window and yelling for him to “get out of the truck.”
As the armed man stood at the driver’s door, a second officer drove up in his unmarked RCMP SUV and clipped the armed man with the vehicle, causing him to spin away and fall, dropping the gun. As the second officer exited his SUV, the man got up, grabbed the handgun and raised it. The officer fired two shots from his service pistol striking the man.
The man fell to the ground, where he was arrested and handcuffed. RCMP members contacted Emergency Medical Services, who responded to the scene, provided medical attention and transported the man to a nearby hospital. He was subsequently transferred by STARS air ambulance to an Edmonton hospital where he was treated for what would ultimately turn out to be serious, permanent injuries including partial paralysis.
Under S. 25 of the Criminal Code, police officers are entitled to use as much force as is reasonably necessary to carry out their lawful duties. When necessary, where an officer believes, on reasonable grounds, that the person presents an imminent risk of death or grievous bodily harm to the officer or any other person, he or she may use force that is intended or likely to cause death or grievous bodily harm. An officer may also use lethal force in limited circumstances to prevent the flight of a person.
During the course of these events, the 29-year-old man demonstrated he was highly motivated to escape, having driven over an embankment and fled police. He was not only prepared to endanger others to do so, but had possibly already injured or killed an uninvolved woman who had simply been in his path, having forcefully collided with her vehicle. Instead of remaining at the scene of the collision or checking on the condition of the driver of the other vehicle, the man took a handgun from the truck before running towards a vehicle that stopped to provide assistance. In these circumstances, the man objectively presented a risk of death or grievous bodily harm to the occupant of that vehicle. Having directed the man to stop or drop the gun, the first officer’s use of force was reasonable and necessary. This risk became even more immediate when the man reached and attempted to enter the stopped truck. The use of the police vehicle to remove the armed man from the vehicle door of the innocent bystander was reasonable in the circumstances.
Having been fired on by the first officer, and struck by a police vehicle, the man stood and instead of running or surrendering, decided to pick up the handgun. In that moment, the man presented a risk of grievous bodily harm or death to not only the innocent bystander but also to the officer.
The officers’ use of force during this event, while they were lawfully placed and engaged in the lawful execution of their duties, was both reasonable and justified in the circumstances. In the opinion of the executive director, there can be no doubt that the actions of the officers prevented the man from committing what could be characterized as an armed robbery, or more simply, a “car-jacking”, that could have easily resulted in the serious injury or death of the driver of that vehicle. As such, no charges will be laid against the officers.
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.
Alberta
Ford and Trudeau are playing checkers. Trump and Smith are playing chess
By Dan McTeague
Ford’s calls for national unity – “We need to stand united as Canadians!” – in context feels like an endorsement of fellow Electric Vehicle fanatic Trudeau. And you do wonder if that issue has something to do with it. After all, the two have worked together to pump billions in taxpayer dollars into the EV industry.
There’s no doubt about it: Donald Trump’s threat of a blanket 25% tariff on Canadian goods (to be established if the Canadian government fails to take sufficient action to combat drug trafficking and illegal crossings over our southern border) would be catastrophic for our nation’s economy. More than $3 billion in goods move between the U.S. and Canada on a daily basis. If enacted, the Trump tariff would likely result in a full-blown recession.
It falls upon Canada’s leaders to prevent that from happening. That’s why Justin Trudeau flew to Florida two weeks ago to point out to the president-elect that the trade relationship between our countries is mutually beneficial.
This is true, but Trudeau isn’t the best person to make that case to Trump, since he has been trashing the once and future president, and his supporters, both in public and private, for years. He did so again at an appearance just the other day, in which he implied that American voters were sexist for once again failing to elect the nation’s first female president, and said that Trump’s election amounted to an assault on women’s rights.
Consequently, the meeting with Trump didn’t go well.
But Trudeau isn’t Canada’s only politician, and in recent days we’ve seen some contrasting approaches to this serious matter from our provincial leaders.
First up was Doug Ford, who followed up a phone call with Trudeau earlier this week by saying that Canadians have to prepare for a trade war. “Folks, this is coming, it’s not ‘if,’ it is — it’s coming… and we need to be prepared.”
Ford said that he’s working with Liberal Finance Minister Chrystia Freeland to put together a retaliatory tariff list. Spokesmen for his government floated the idea of banning the LCBO from buying American alcohol, and restricting the export of critical minerals needed for electric vehicle batteries (I’m sure Trump is terrified about that last one).
But Ford’s most dramatic threat was his announcement that Ontario is prepared to shut down energy exports to the U.S., specifically to Michigan, New York, Wisconsin, and Minnesota, if Trump follows through with his plan. “We’re sending a message to the U.S. You come and attack Ontario, you attack the livelihoods of Ontario and Canadians, we’re going to use every tool in our toolbox to defend Ontarians and Canadians across the border,” Ford said.
Now, unfortunately, all of this chest-thumping rings hollow. Ontario does almost $500 billion per year in trade with the U.S., and the province’s supply chains are highly integrated with America’s. The idea of just cutting off the power, as if you could just flip a switch, is actually impossible. It’s a bluff, and Trump has already called him on it. When told about Ford’s threat by a reporter this week, Trump replied “That’s okay if he does that. That’s fine.”
And Ford’s calls for national unity – “We need to stand united as Canadians!” – in context feels like an endorsement of fellow Electric Vehicle fanatic Trudeau. And you do wonder if that issue has something to do with it. After all, the two have worked together to pump billions in taxpayer dollars into the EV industry. Just over the past year Ford and Trudeau have been seen side by side announcing their $5 billion commitment to Honda, or their $28.2 billion in subsidies for new Stellantis and Volkswagen electric vehicle battery plants.
Their assumption was that the U.S. would be a major market for Canadian EVs. Remember that “vehicles are the second largest Canadian export by value, at $51 billion in 2023 of which 93% was exported to the U.S.,”according to the Canadian Vehicle Manufacturers Association, and “Auto is Ontario’s top export at 28.9% of all exports (2023).”
But Trump ran on abolishing the Biden administration’s de facto EV mandate. Now that he’s back in the White House, the market for those EVs that Trudeau and Ford invested in so heavily is going to be much softer. Perhaps they’d like to be able to blame Trump’s tariffs for the coming downturn rather than their own misjudgment.
In any event, Ford’s tactic stands in stark contrast to the response from Alberta, Canada’s true energy superpower. Premier Danielle Smith made it clear that her province “will not support cutting off our Alberta energy exports to the U.S., nor will we support a tariff war with our largest trading partner and closest ally.”
Smith spoke about this topic at length at an event announcing a new $29-million border patrol team charged with combatting drug trafficking, at which said that Trudeau’s criticisms of the president-elect were, “not helpful.” Her deputy premier Mike Ellis was quoted as saying, “The concerns that president-elect Trump has expressed regarding fentanyl are, quite frankly, the same concerns that I and the premier have had.” Smith and Ellis also criticized Ottawa’s progressively lenient approach to drug crimes.
(For what it’s worth, a recent Léger poll found that “Just 29 per cent of [Canadians] believe Trump’s concerns about illegal immigration and drug trafficking from Canada to the U.S. are unwarranted.” Perhaps that’s why some recent polls have found that Trudeau is currently less popular in Canada than Trump at the moment.)
Smith said that Trudeau’s criticisms of the president-elect were, “not helpful.” And on X/Twitter she said, “Now is the time to… reach out to our friends and allies in the U.S. to remind them just how much Americans and Canadians mutually benefit from our trade relationship – and what we can do to grow that partnership further,” adding, “Tariffs just hurt Americans and Canadians on both sides of the border. Let’s make sure they don’t happen.”
This is exactly the right approach. Smith knows there is a lot at stake in this fight, and is not willing to step into the ring in a fight that Canada simply can’t win, and will cause a great deal of hardship for all involved along the way.
While Trudeau indulges in virtue signaling and Ford in sabre rattling, Danielle Smith is engaging in true statesmanship. That’s something that is in short supply in our country these days.
As I’ve written before, Trump is playing chess while Justin Trudeau and Doug Ford are playing checkers. They should take note of Smith’s strategy. Honey will attract more than vinegar, and if the long history of our two countries tell us anything, it’s that diplomacy is more effective than idle threats.
Dan McTeague is President of Canadians for Affordable Energy.
Alberta
Your towing rights! AMA unveils measures to help fight predatory towing
From the Alberta Motor Association
Know Before the Tow: Towing Rights in Alberta
Predatory towing is a growing concern in major cities across the province. The Alberta Motor
Association (AMA), in partnership with the Calgary Police Service and Calgary Fire Department,
wants to ensure Albertans are not only aware of this emerging issue but also know how to stop
it.
Today, AMA launches Know Before the Tow—a new, provincewide awareness campaign that
empowers Albertans with the knowledge needed to stay confident and in control when faced with
a tow scam. The campaign features a list of five key towing rights that every Alberta driver should
know:
1. You have the right to refuse unsolicited towing services.
2. You have the right to choose who tows your vehicle, and where, unless
otherwise directed by police.
3. You have the right to access your vehicle to retrieve personal items during a
storage facility’s business hours.
4. You have the right to ask if the towing company receives a kickback for taking
your vehicle to a particular storage facility or repair shop.
5. You have the right to a quote prior to service, and an itemized invoice prior to
making payment.
“Being in a collision or broken down at the roadside is stressful enough; the last thing any Albertan
needs is high pressure from an unscrupulous tower,” says Jeff Kasbrick, Vice-President,
Advocacy and Operations, AMA. “These towing rights are clear and remind every Albertan that
they’re in the driver’s seat when it comes to who they choose to tow their vehicle.”
Edmonton and Calgary in particular are seeing increasing reports of predatory towing. Unethical
operators will arrive at a collision or breakdown scene uninvited, create a false sense of urgency
to remove the vehicle, and ultimately leave drivers facing huge fees.
Starting today, Albertans can visit ama.ab.ca/KnowBeforeTheTow to download a digital copy of
their towing rights, helping them feel confident if faced with a tow scam. And soon, all AMA centres
will offer free print versions, which are small enough to tuck in a glovebox.
“Alberta’s towing industry is still highly reputable, with the vast majority of operators committed
to fair and professional service. In fact, AMA and our roadside assistance network is proud to
represent 80% of all private-passenger tows in the province, so our members can be confident
that we’ll always protect them—just as we have for nearly 100 years,” says Kasbrick.
“By knowing your rights and choosing trusted providers like AMA, you can avoid unnecessary
stress, costs, and uncertainty. Because the road to recovery after a collision shouldn’t have to
include fighting for your vehicle.”
Sergeant Brad Norman, Calgary Police Service Traffic Section, says law enforcement continues
to work diligently with first responders and community partners like AMA to put the brakes on
predatory towers, who “are showing up at collision sites and pressuring overwhelmed and
frightened victims into paying high towing rates.”
“Our priority is to ensure the safety of collision victims, the public, and first responders at
collision sites. Part of this effort is educating motorists about their rights so that they Know
Before the Tow that they can say no to unsolicited towing services and choose a reputable
tower of their choice instead,” says Norman. “No one deserves to be taken advantage of after
being involved in a collision.”
To learn more, and to view an expanded version of Alberta towing rights, visit
ama.ab.ca/KnowBeforeTheTow
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