Alberta
ASIRT investigations concluded on fatal officer-involved shooting involving the RCMP.
Incident investigation report from the Alberta Serious Incident Response Team (ASIRT)
Introduction
On December 22, 2022, the Alberta Serious Incident Response Team (ASIRT) was directed pursuant to s. 46.1 of the Police Act to investigate a then non-fatal Royal Canadian Mounted Police (RCMP) officer-involved shooting. The shooting of the affected person (AP) was reported to have happened during an interaction with him, as a result of him being a suspect in a complaint of a man with a gun.
While AP initially survived, he died of complications from the shooting the following day.
ASIRT’s Investigation
ASIRT’s investigation was comprehensive and thorough, conducted using current investigative protocols and principles relating to Major Case Management. Information from civilian witnesses, the subject and a witness officers, and importantly video recordings provided sufficient information to determine whether the force used by the subject officer during this incident was reasonable.
Circumstances Surrounding the Officer-Involved Shooting
On December 01, 2022, Maskwacis RCMP received a call reporting that a male [AP] had been drinking and left the caller’s house with a gun. AP was shooting the gun in the country (believed to be the area around the residence). Two RCMP officers responded.
Witness officer (WO) located AP walking on the road with a rifle. AP walked toward WO’s marked police vehicle with the rifle pointed at the vehicle/WO, while WO was seated in the driver’s seat. WO then exited his vehicle with his carbine rifle and moved to the rear of his vehicle while AP kept the rifle pointed at the police vehicle. The subject officer (SO) arrived on scene, but came from the opposite direction. AP turned around and walked toward SO with the barrel of the rifle pointed upwards. SO exited his police vehicle with his service pistol drawn and walked toward AP while he
repeatedly provided verbal direction to AP to drop the firearm. AP and SO were walking toward each other; at that time AP still had the barrel of the rifle pointed upward. As SO and AP got within approximately five meters of each other, AP lowered the barrel of the rifle and pointed it directly at SO. SO fired multiple rounds and struck AP with four rounds causing AP to stumble, drop the rifle and fall to the ground. AP initially survived the shooting and was transported to an Edmonton hospital, where he underwent emergency surgery. The following day, AP succumbed to his injuries.
Analysis
The subject officer was lawfully placed and acting in the execution of his duties in dealing with AP as a person who was the subject of a complaint about him being in possession of a firearm and shooting it off.
The Use of Force
Under s. 25 of the Criminal Code, police officers are permitted to use as much force as is necessary for the execution of their duties. Where this force is intended or is likely to cause death or grievous bodily harm, the officer must believe on reasonable grounds that the force is necessary for the self-preservation of the officer or preservation of anyone under that officer’s protection.
A police officer’s use of force is not to be assessed on a standard of perfection nor using the benefit of hindsight.
With the benefit of hindsight, time for detached reflection and knowledge of the ultimate outcome, it is easy to speculate about how things could have been done differently. That is not the standard, however, against which an officer’s conduct is measured. The question is, applying principles of proportionality, necessity, and reasonableness, whether the force used falls into a range of possible reasonable responses.
Proportionate Response
Proportionality requires balancing a use of force with the action to which it responds. Here, the subject officers were faced with an individual that was armed with a gun and pointing it in their direction. As such, the response by the subject officers in using their respective firearms to shoot AP was proportionate to the threat of death or grievous bodily harm that he reasonably posed to both of them.
Reasonably Necessary
As set out previously in this report, AP presented as a lethal threat to both SO and WO given his actions in pointing his rifle at them. While WO did not shoot during this incident that does not impact the analysis of SO’s actions. Under the circumstances as then faced by SO, no other use of force options were reasonably available for attempted use. The use by SO of his firearm to incapacitate this lethal threat was reasonably necessary. Given the above, the defence available to SO under s. 25 of the Criminal Code would apply.
Conclusion
Under s. 25 of the Criminal Code a police officer is justified in doing what he or she is authorized to do and to use as much force as is reasonably necessary where he or she has reasonable grounds to do so. Force intended to cause death or grievous bodily harm is justified if the officer believes, on reasonable grounds, that the force was necessary to prevent the death or grievous bodily harm of the officer and/or any other person. The analysis under s.34 of the Criminal Code leads to a similar finding that subject officer’s actions were lawfully permitted.
After a thorough, independent and objective investigation into the conduct of the subject officers, it is my opinion that they were lawfully placed and acting properly in the execution of their duties. There is no evidence to support any belief that any officer engaged in any unlawful or unreasonable conduct that would give rise to an offence. The force used was proportionate, necessary and reasonable in all the circumstances.
Better, faster, more affordable auto insurance
Alberta’s government is introducing a new auto insurance system that will provide better and faster services to Albertans while reducing auto insurance premiums.
After hearing from more than 16,000 Albertans through an online survey about their priorities for auto insurance policies, Alberta’s government is introducing a new privately delivered, care-focused auto insurance system.
Right now, insurance in the province is not affordable or care focused. Despite high premiums, Albertans injured in collisions do not get the timely medical care and income support they need in a system that is complex to navigate. When fully implemented, Alberta’s new auto insurance system will deliver better and faster care for those involved in collisions, and Albertans will see cost savings up to $400 per year.
“Albertans have been clear they need an auto insurance system that provides better, faster care and is more affordable. When it’s implemented, our new privately delivered, care-centred insurance system will put the focus on Albertans’ recovery, providing more effective support and will deliver lower rates.”
“High auto insurance rates put strain on Albertans. By shifting to a system that offers improved benefits and support, we are providing better and faster care to Albertans, with lower costs.”
Albertans who suffer injuries due to a collision currently wait months for a simple claim to be resolved and can wait years for claims related to more serious and life-changing injuries to addressed. Additionally, the medical and financial benefits they receive often expire before they’re fully recovered.
Under the new system, Albertans who suffer catastrophic injuries will receive treatment and care for the rest of their lives. Those who sustain serious injuries will receive treatment until they are fully recovered. These changes mirror and build upon the Saskatchewan insurance model, where at-fault drivers can be sued for pain and suffering damages if they are convicted of a criminal offence, such as impaired driving or dangerous driving, or conviction of certain offenses under the Traffic Safety Act.
Work on this new auto insurance system will require legislation in the spring of 2025. In order to reconfigure auto insurance policies for 3.4 million Albertans, auto insurance companies need time to create and implement the new system. Alberta’s government expects the new system to be fully implemented by January 2027.
In the interim, starting in January 2025, the good driver rate cap will be adjusted to a 7.5% increase due to high legal costs, increasing vehicle damage repair costs and natural disaster costs. This protects good drivers from significant rate increases while ensuring that auto insurance providers remain financially viable in Alberta.
Albertans have been clear that they still want premiums to be based on risk. Bad drivers will continue to pay higher premiums than good drivers.
By providing significantly enhanced medical, rehabilitation and income support benefits, this system supports Albertans injured in collisions while reducing the impact of litigation costs on the amount that Albertans pay for their insurance.
“Keeping more money in Albertans’ pockets is one of the best ways to address the rising cost of living. This shift to a care-first automobile insurance system will do just that by helping lower premiums for people across the province.”
Quick facts
- Alberta’s government commissioned two auto insurance reports, which showed that legal fees and litigation costs tied to the province’s current system significantly increase premiums.
- A 2023 report by MNP shows
Alberta maintains a balanced budget while ensuring pressures from population growth are being addressed.
Alberta faces rising risks, including ongoing resource volatility, geopolitical instability and rising pressures at home. With more than 450,000 people moving to Alberta in the last three years, the province has allocated hundreds of millions of dollars to address these pressures and ensure Albertans continue to be supported. Alberta’s government is determined to make every dollar go further with targeted and responsible spending on the priorities of Albertans.
The province is forecasting a $4.6 billion surplus at the end of 2024-25, up from the $2.9 billion first quarter forecast and $355 million from budget, due mainly to higher revenue from personal income taxes and non-renewable resources.
Given the current significant uncertainty in global geopolitics and energy markets, Alberta’s government must continue to make prudent choices to meet its responsibilities, including ongoing bargaining for thousands of public sector workers, fast-tracking school construction, cutting personal income taxes and ensuring Alberta’s surging population has access to high-quality health care, education and other public services.
“These are challenging times, but I believe Alberta is up to the challenge. By being intentional with every dollar, we can boost our prosperity and quality of life now and in the future.”
Midway through 2024-25, the province has stepped up to boost support to Albertans this fiscal year through key investments, including:
- $716 million to Health for physician compensation incentives and to help Alberta Health Services provide services to a growing and aging population.
- $125 million to address enrollment growth pressures in Alberta schools.
- $847 million for disaster and emergency assistance, including:
- $647 million to fight the Jasper wildfires
- $163 million for the Wildfire Disaster Recovery Program
- $5 million to support the municipality of Jasper (half to help with tourism recovery)
- $12 million to match donations to the Canadian Red Cross
- $20 million for emergency evacuation payments to evacuees in communities impacted by wildfires
- $240 million more for Seniors, Community and Social Services to support social support programs.
Looking forward, the province has adjusted its forecast for the price of oil to US$74 per barrel of West Texas Intermediate. It expects to earn more for its crude oil, with a narrowing of the light-heavy differential around US$14 per barrel, higher demand for heavier crude grades and a growing export capacity through the Trans Mountain pipeline. Despite these changes, Alberta still risks running a deficit in the coming fiscal year should oil prices continue to drop below $70 per barrel.
After a 4.4 per cent surge in the 2024 census year, Alberta’s population growth is expected to slow to 2.5 per cent in 2025, lower than the first quarter forecast of 3.2 per cent growth because of reduced immigration and non-permanent residents targets by the federal government.
Revenue
Revenue for 2024-25 is forecast at $77.9 billion, an increase of $4.4 billion from Budget 2024, including:
- $16.6 billion forecast from personal income taxes, up from $15.6 billion at budget.
- $20.3 billion forecast from non-renewable resource revenue, up from $17.3 billion at budget.
Expense
Expense for 2024-25 is forecast at $73.3 billion, an increase of $143 million from Budget 2024.
Surplus cash
After calculations and adjustments, $2.9 billion in surplus cash is forecast.
- $1.4 billion or half will pay debt coming due.
- The other half, or $1.4 billion, will be put into the Alberta Fund, which can be spent on further debt repayment, deposited into the Alberta Heritage Savings Trust Fund and/or spent on one-time initiatives.
Contingency
Of the $2 billion contingency included in Budget 2024, a preliminary allocation of $1.7 billion is forecast.
Alberta Heritage Savings Trust Fund
The Alberta Heritage Savings Trust Fund grew in the second quarter to a market value of $24.3 billion as of Sept. 30, 2024, up from $23.4 billion at the end of the first quarter.
- The fund earned a 3.7 per cent return from July to September with a net investment income of $616 million, up from the 2.1 per cent return during the first quarter.
Debt
Taxpayer-supported debt is forecast at $84 billion as of March 31, 2025, $3.8 billion less than estimated in the budget because the higher surplus has lowered borrowing requirements.
- Debt servicing costs are forecast at $3.2 billion, down $216 million from budget.
Related information
COP 29 leaders demand over a $1 trillion a year in climate reparations from ‘wealthy’ nations. They don’t deserve a nickel.
It’s time to supersize charitable tax credits, not political ones
Five Government Programs That Musk’s Government Efficiency Agency Could Put On The Chopping Block
Trudeau government to roll out another digital border crossing app by 2026
Betting Site CEO Slams FBI Raid and Device Seizures As Politically Driven After Site Correctly Calls Trump’s Election Win
Ottawa’s avalanche of spending hasn’t helped First Nations
Alberta Emergency Alert test: Wednesday at 1:55 PM
-
conflict23 hours agoUS and UK authorize missile strikes into Russia, but are we really in danger of World War III?
-
Business2 days agoCarbon tax bureaucracy costs taxpayers $800 million
-
Alberta1 day agoProvince considering new Red Deer River reservoir east of Red Deer
-
John Stossel1 day agoGreen Energy Needs Minerals, Yet America Blocks New Mines
-
Alberta1 day agoEarly Success: 33 Nurse Practitioners already working independently across Alberta
-
Business2 days agoFrom ‘brilliant’ to ‘aghast’: Reactions to RFK Jr.’s nomination for HHS secretary run the gamut
-
MAiD2 days agoOver 40% of people euthanized in Ontario lived in poorest parts of the province: government data
-
Brownstone Institute2 days agoThe Most Devastating Report So Far