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Alberta

Investigation concludes police shooting of suspect holding gun a reasonable use of force

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8 minute read

Alberta Serious Incident Response Team ASIRT

From the Alberta Serious Incident Response Team

RCMP used reasonable force during serious injury incident

On April 29, 2019, the Alberta Serious Incident Response Team (ASIRT) was directed to investigate the circumstances surrounding injuries sustained by a 33-year-old man during his arrest by members of the Lloydminster RCMP that same date.

On that date, members of the Lloydminster RCMP observed a male driver operating a stolen Dodge Ram 2500 truck within Lloydminster city limits. The truck had been stolen earlier that day during a break and enter at a local vehicle repair shop. Video footage from the repair shop depicted the 33-year-old man as the individual responsible for the break and enter, and at the time, the man was also under investigation in relation to a homicide that had occurred on April 27, 2019.

Police attempted to conduct a traffic stop on the stolen truck, but the truck fled. Officers elected not to pursue the vehicle; however, the vehicle was known to have engine problems and was not expected to be drivable for long. A short time later, two police officers observed the stolen truck in an industrial area of the city. In order to avoid a pursuit, both officers followed the truck from a distance until they observed plumes of smoke emanating from the truck, leading them to believe that the vehicle’s engine had failed.

The two officers stopped their fully marked police vehicles in front of and behind the truck, blocking its path. The man exited the driver’s side door of the truck and fled on foot toward the rear of the truck and into a fenced compound. One of the police officers pursued the man on foot while the second ensured the stolen truck was empty before joining the foot pursuit a short distance behind. As the first officer ran, he called out to the man by name, advising him that he was under arrest. The man continued to run, but soon lost his footing and stumbled on the gravel. The officer drew his conducted energy weapon (CEW) and issued a verbal command for the man to stay down. When the man rose to his feet and began running again, both officers observed a black handgun in the man’s right hand. The first officer radioed that the man had a gun, then drew his service pistol from its holster and issued repeated verbal commands for the man to drop the gun. The man continued running and, as he rounded the corner of a building, he pointed the handgun at the pursuing officer, who then fired his service pistol.

After the officer fired, the man ran behind a parked Volkswagen Jetta. As he turned to get behind the Jetta, still holding the gun in his right hand, the officer fired again. The man ducked behind the car as the officer fired at him through the window of the parked Jetta. The second officer described the man’s actions as a tactical movement to use the vehicle as cover, and after the first officer fired, the man crouched down behind the vehicle. As both officers shouted repeated verbal commands for the man to drop the firearm, the man rose and lifted his firearm. At that moment, the officer fired again – this time striking the man, who fell to the ground, still holding the handgun. Following repeated verbal commands, the man eventually pushed the gun away and rolled over, at which time the second officer placed him in handcuffs.

With the man now in handcuffs, the first officer placed pressure on his wound while the second officer retrieved a first aid kit from the police vehicle. The two officers administered first aid to the man until he was transported by EMS to hospital, where it was confirmed that he had sustained a single penetrating gunshot wound to his left shoulder.

A loaded semi-automatic .22-calibre handgun was recovered from the incident scene, along with other items associated with both the man and the owner of the stolen vehicle. An image of the recovered firearm is not being released at this time, as it relates to a matter that remains before the courts.

Physical and video evidence confirm that five shots were fired during the incident by the first police officer, with approximately 22 seconds elapsing between the first shot and the final shot. Video evidence confirms the placement of the two officers matches the description in their statements, and civilian witness evidence confirms that the man retained possession of the firearm up until the officer’s final shot.

Under Section 25 of the Criminal Code, a police officer is authorized to use as much force as is necessary in order to carry out their lawful duties. In this case, the evidence conclusively establishes that both police officers were on duty, were operating marked RCMP vehicles, and were attired in RCMP uniforms. At the time of the incident, the man was subject to lawful arrest for both the theft and possession of the stolen truck, as well as the flight from police that preceded the incident. In addition to those grounds for arrest, the officer who fired was also aware of the man’s involvement in a homicide incident several days prior, during which a firearm was used. The officer’s knowledge of the man’s involvement and the nature of that incident reasonably elevated the officer’s risk assessment of the situation.

During his interview, the man denied any intention to harm police; however, it is clear from the evidence that throughout the incident he repeatedly refused to follow verbal commands and maintained possession of a firearm until after the officer’s final shot. The man’s actions during the incident, combined with the information available to the officer, were more than sufficient to establish an objectively reasonable fear of death or grievous bodily harm on the part of the officer, and to justify a use of force proportionate to that threat.

While the man sustained an injury during the arrest, his actions gave the officer reasonable cause to believe that his life was endangered; therefore, the force that he used to address that danger was also reasonable. Accordingly, there are no grounds to believe that an offence was committed by any police officer, and 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.

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Alberta

Alberta mother accuses health agency of trying to vaccinate son against her wishes

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From LifeSiteNews

By Clare Marie Merkowsky

 

Alberta Health Services has been accused of attempting to vaccinate a child in school against his parent’s wishes.  

On November 6, Alberta Health Services staffers visited Edmonton Hardisty School where they reportedly attempted to vaccinate a grade 6 student despite his parents signing a form stating that they did not wish for him to receive the vaccines.  

 

“It is clear they do not prioritize parental rights, and in not doing so, they traumatize students,” the boy’s mother Kerri Findling told the Counter Signal. 

During the school visit, AHS planned to vaccinate sixth graders with the HPV and hepatitis B vaccines. Notably, both HPV and hepatitis B are vaccines given to prevent diseases normally transmitted sexually.  

Among the chief concerns about the HPV vaccine has been the high number of adverse reactions reported after taking it, including a case where a 16 year-old Australian girl was made infertile due to the vaccine.  

Additionally, in 2008, the U.S. Food and Drug Administration received reports of 28 deaths associated with the HPV vaccine. Among the 6,723 adverse reactions reported that year, 142 were deemed life-threatening and 1,061 were considered serious.   

Children whose parents had written “refused” on their forms were supposed to return to the classroom when the rest of the class was called into the vaccination area.  

However, in this case, Findling alleged that AHS staffers told her son to proceed to the vaccination area, despite seeing that she had written “refused” on his form. 

When the boy asked if he could return to the classroom, as he was certain his parents did not intend for him to receive the shots, the staff reportedly said “no.” However, he chose to return to the classroom anyway.    

Following his parents’ arrival at the school, AHS claimed the incident was a misunderstanding due to a “new hire,” attesting that the mistake would have been caught before their son was vaccinated.   

“If a student leaves the vaccination center without receiving the vaccine, it should be up to the parents to get the vaccine at a different time, if they so desire, not the school to enforce vaccination on behalf of AHS,” Findling declared.  

Findling’s story comes just a few months after Alberta Premier Danielle Smith promised a new Bill of Rights affirming “God-given” parental authority over children. 

A draft version of a forthcoming Alberta Bill of Rights provided to LifeSiteNews includes a provision beefing up parental rights, declaring the “freedom of parents to make informed decisions concerning the health, education, welfare and upbringing of their children.” 

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Alberta

Alberta’s fiscal update projects budget surplus, but fiscal fortunes could quickly turn

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From the Fraser Institute

By Tegan Hill

According to the recent mid-year update tabled Thursday, the Smith government projects a $4.6 billion surplus in 2024/25, up from the $2.9 billion surplus projected just a few months ago. Despite the good news, Premier Smith must reduce spending to avoid budget deficits.

The fiscal update projects resource revenue of $20.3 billion in 2024/25. Today’s relatively high—but very volatile—resource revenue (including oil and gas royalties) is helping finance today’s spending and maintain a balanced budget. But it will not last forever.

For perspective, in just the last decade the Alberta government’s annual resource revenue has been as low as $2.8 billion (2015/16) and as high as $25.2 billion (2022/23).

And while the resource revenue rollercoaster is currently in Alberta’s favor, Finance Minister Nate Horner acknowledges that “risks are on the rise” as oil prices have dropped considerably and forecasters are projecting downward pressure on prices—all of which impacts resource revenue.

In fact, the government’s own estimates show a $1 change in oil prices results in an estimated $630 million revenue swing. So while the Smith government plans to maintain a surplus in 2024/25, a small change in oil prices could quickly plunge Alberta back into deficit. Premier Smith has warned that her government may fall into a budget deficit this fiscal year.

This should come as no surprise. Alberta’s been on the resource revenue rollercoaster for decades. Successive governments have increased spending during the good times of high resource revenue, but failed to rein in spending when resource revenues fell.

Previous research has shown that, in Alberta, a $1 increase in resource revenue is associated with an estimated 56-cent increase in program spending the following fiscal year (on a per-person, inflation-adjusted basis). However, a decline in resource revenue is not similarly associated with a reduction in program spending. This pattern has led to historically high levels of government spending—and budget deficits—even in more recent years.

Consider this: If this fiscal year the Smith government received an average level of resource revenue (based on levels over the last 10 years), it would receive approximately $13,000 per Albertan. Yet the government plans to spend nearly $15,000 per Albertan this fiscal year (after adjusting for inflation). That’s a huge gap of roughly $2,000—and it means the government is continuing to take big risks with the provincial budget.

Of course, if the government falls back into deficit there are implications for everyday Albertans.

When the government runs a deficit, it accumulates debt, which Albertans must pay to service. In 2024/25, the government’s debt interest payments will cost each Albertan nearly $650. That’s largely because, despite running surpluses over the last few years, Albertans are still paying for debt accumulated during the most recent string of deficits from 2008/09 to 2020/21 (excluding 2014/15), which only ended when the government enjoyed an unexpected windfall in resource revenue in 2021/22.

According to Thursday’s mid-year fiscal update, Alberta’s finances continue to be at risk. To avoid deficits, the Smith government should meaningfully reduce spending so that it’s aligned with more reliable, stable levels of revenue.

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