Alberta
Investigation reveals terrifying life and death situation faced by police officer forced to shoot attacking suspect
Figure 1 – HAWCS video showing the AP (circled in white) driving on the wrong side of the highway and forcing a vehicle off the road.
News release from the Alberta Serious Incident Response Team (ASIRT)
ASIRT’s Investigation
ASIRT’s investigation was comprehensive and thorough, conducted using current investigative protocols, and in accordance with the principles of major case management. Investigators interviewed all relevant police and civilian witnesses, and secured and analyzed all relevant radio communications.
This incident was captured on video by a Calgary Police Service (CPS) helicopter air watch community safety (HAWCS) helicopter. Some of the incident was also captured on cameras in the RCMP vehicles. These videos provide objective evidence and are therefore extremely valuable to ASIRT investigations.
Circumstances Surrounding the Incident
At approximately 1:50 p.m. on February 12, 2023, CPS received a 9-1-1 call about the affected person (AP). The caller was concerned that she was suicidal. RCMP officers responded to an area east of Calgary, and a CPS helicopter went to assist.
At 3:35 p.m., the witness officer (WO) located the AP in her vehicle on the side of Highway 564. The AP sped off and the WO followed. The CPS helicopter located the AP and the WO shortly after and began to record the incident.
The AP was driving extremely fast, including at speeds of over 175 km/h, and often on the wrong side of the highway. There were other vehicles on the road at that time. The AP drove through a stop sign at the intersection of Highways 564 and 9 and was briefly launched into the air due to her speed and the elevated intersection. The AP continued to drive on the wrong side of the highway (Figure 1).
At Highway 21, the AP turned around and travelled back west. She then briefly went off the road and into the ditch. At 3:51 p.m., the SO used a tire deflation device that punctured some of the AP’s tires. The AP then came to a stop and, at 3:52 p.m., the SO stopped his marked police vehicle behind the AP.
As the SO stopped, the AP exited her vehicle. She had a knife in her left hand and a beer in her right (Figure 2).
Figure 2 – The SO’s vehicle video showing the AP with a knife in her left hand.
The SO can be heard to yell, “drop the knife!” on the police vehicle video. The AP took a few steps toward the SO and then began to run toward him (Figure 3).
As she was running, the AP said, “I’m going to fucking kill you!” The SO said “drop the knife” repeatedly. The SO moved backwards and drew a handgun and then a conductive energy weapon (CEW).
Figure 3 – HAWCS video showing the AP running at the SO.
The AP continued to run at the SO until she reached the rear of his police vehicle, when she turned and attempted to go into the police vehicle (Figure 4).
Figure 4 – HAWCS video showing the AP entering the SO’s police vehicle.
The SO ran back to his vehicle and used his CEW on the AP. The AP then turned and ran at the SO again (Figure 5).
Figure 5 – HAWCS video showing the AP running at the SO again.
The AP again said, “I’m going to fucking kill you!” The SO then fired seven shots at 3:53 p.m., hitting the AP and causing her to fall to the road and drop her knife (Figure 6).
The SO approached the AP and kicked away the knife. The SO began to assess the AP, and other officers arrived within one minute to provide first aid to the AP. At 4:06 p.m., emergency medical services arrived and assumed care of the AP. An air ambulance was then used to transport the AP to hospital.
The AP had seven gunshot wounds to her chest, midsection, arms, and legs. She required surgeries and stayed in the hospital for some time.
Figure 6 – HAWCS video showing the AP falling to the road after being shot by the SO.
A knife was found in the ditch near the AP (Figure 7).
Figure 7 – Knife found in ditch near the AP.
Civilian Witnesses
ASIRT investigators interviewed or reviewed interviews with eight individuals who saw the incident or the AP driving that day. Their evidence was generally consistent with the above.
Affected Person’s (AP) Statement
ASIRT investigators interviewed the AP on February 28, 2023. She told them that she was suicidal on February 12. Initially she planned to find a semi-truck to run her over.
After the WO had stopped chasing her, she turned around to reengage with the police. She drove over the tire deflation device and then pulled over. Before she left her vehicle, she grabbed a knife because she thought that the police would not shoot her unless she had something. She left her vehicle and walked fast toward the SO, saying something like “just hit me” or “shoot me.”
The SO used his CEW on her but she pushed through the pain and continued to move toward the SO. She said something like “fucking hit me you little bitch” and the SO shot her. She continued to approach the SO and he then jumped on her, taking her to the ground and injuring her leg.
The police officers provided her with medical attention immediately. She asked them to let her die.
The AP said it was her goal to die and she did not want to hurt any police officers.
Subject Officer’s (SO) Statement
On May 1, 2023, ASIRT investigators interviewed the SO. He provided a written statement and then answered questions after reading it. Subject officers, like anyone being investigated for a criminal offence, can rely on their right to silence, and do not have to speak to ASIRT.
The SO’s evidence was consistent with the video evidence and provided some insight into his view of the incident. The SO did not hear what the AP said when she was running at him. After he shot her, he heard her say things like “let me die” and “you never help me.”
When the AP was running at the SO for the second time, he recognized that he could only run backwards for so long before tripping or falling and being at risk. He feared that the AP would cause him grievous bodily harm or death and fired at the AP until she stopped advancing.
Analysis
Section 25 Generally
Under s. 25 of the Criminal Code, police officers are permitted to use as much force as is necessary for 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. The force used here, discharging a firearm repeatedly at a person, was clearly intended or likely to cause death or grievous bodily harm. The subject officer therefore must have believed on reasonable grounds that the force he used was necessary for his self-preservation or the preservation of another person under his protection. Another person can include other police officers. For the defence provided by s. 25 to apply to the actions of an officer, the officer must be required or authorized by law to perform the action in the administration or enforcement of the law, must have acted on reasonable grounds in performing the action, and must not have used unnecessary force.
All uses of force by police must also be proportionate, necessary, and reasonable.
Proportionality requires balancing a use of force with the action or threat to which it responds. This is codified in the requirement under s. 25(3), which states that where a 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. An action that represents a risk to preservation of life is a serious one, and only in such circumstances can uses of force that are likely to cause death or grievous bodily harm be employed.
Necessity requires that there are not reasonable alternatives to the use of force that also accomplish the same goal, which in this situation is the preservation of the life of the officer or of another person under his protection. These alternatives can include no action at all. An analysis of police actions must recognize the dynamic situations in which officers often find themselves, and such analysis should not expect police officers to weigh alternatives in real time in the same way they can later be scrutinized in a stress- free environment.
Reasonableness looks at the use of force and the situation as a whole from an objective viewpoint. Police actions are not to be judged on a standard of perfection, but on a standard of reasonableness.
Section 25 Applied
The SO was assisting on a call that evolved as time went on. It started as a welfare check, became a serious dangerous driving investigation, and ended with dealing with an assaultive person. The SO’s actions throughout were required or authorized by law and he acted on reasonable grounds.
The first stage in assessing whether the force he used was excessive is proportionality. The AP was running at the SO with a knife, which could affect the SO’s self-preservation. He responded with his firearm, which was intended or likely to cause death or grievous bodily harm. These two forces are proportionate.
The necessity element of the assessment recognizes the dynamic nature of incidents such as this. Here, the AP ran at the SO suddenly, which created a serious situation. The SO recognized at this point that he could attempt to deescalate the situation by moving away from the AP. However, the AP then attempted to get into his police vehicle, which would have created a profoundly serious danger to him and other users of the highway. He then used his CEW, which was not effective. The AP began running at him again. With the threat still present and having exhausted reasonable alternatives, it was necessary for the SO to fire at the AP at that time.
The final element, reasonableness, looks at the incident overall. The SO conducted himself carefully and showed restraint at the beginning of the incident. His actions were reasonable.
As a result, the defence under s. 25 is likely to apply to the SO.
Section 34 Generally
A police officer also has the same protections for the defence of person under s. 34 of the Criminal Code as any other person. This section provides that a person does not commit an offence if they believe on reasonable grounds that force is being used or threatened against them or another person, if they act to defend themselves or another person from this force or threat, and if the act is reasonable in the circumstances. In order for the act to be reasonable in the circumstances, the relevant circumstances of the individuals involved and the act must be considered. Section 34(2) provides a non-exhaustive list of factors to be considered to determine if the act was reasonable in the circumstances:
(a) the nature of the force or threat;
(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;
(c) the person’s role in the incident;
(d) whether any party to the incident used or threatened to use a weapon;
(e) the size, age, gender and physical capabilities of the parties to the incident;
(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;
(f.1) any history of interaction or communication between the parties to the incident;
(g) the nature and proportionality of the person’s response to the use or threat of force; and
(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.
The analysis under s. 34 for the actions of a police officer often overlaps considerably with the analysis of the same actions under s. 25.
Section 34 Applied
For the same reasons as under s. 25, this defence is likely to apply to the SO. The AP was running at him with a knife and, like anyone would be, he was entitled to use force to repel her.
Conclusion
The AP was suicidal on February 12, 2023. She initially intended to drive into a semi- truck, but then decided to force police to shoot her. She did this by running at the SO with a knife in her hand. The SO was justified in responding with his firearm.
The defences available to the SO under s. 25 and s. 34 are likely to apply. As a result, there are no reasonable grounds to believe that an offence was committed.
Alberta
Alberta Next Panel calls for less Ottawa—and it could pay off
From the Fraser Institute
By Tegan Hill
Last Friday, less than a week before Christmas, the Smith government quietly released the final report from its Alberta Next Panel, which assessed Alberta’s role in Canada. Among other things, the panel recommends that the federal government transfer some of its tax revenue to provincial governments so they can assume more control over the delivery of provincial services. Based on Canada’s experience in the 1990s, this plan could deliver real benefits for Albertans and all Canadians.
Federations such as Canada typically work best when governments stick to their constitutional lanes. Indeed, one of the benefits of being a federalist country is that different levels of government assume responsibility for programs they’re best suited to deliver. For example, it’s logical that the federal government handle national defence, while provincial governments are typically best positioned to understand and address the unique health-care and education needs of their citizens.
But there’s currently a mismatch between the share of taxes the provinces collect and the cost of delivering provincial responsibilities (e.g. health care, education, childcare, and social services). As such, Ottawa uses transfers—including the Canada Health Transfer (CHT)—to financially support the provinces in their areas of responsibility. But these funds come with conditions.
Consider health care. To receive CHT payments from Ottawa, provinces must abide by the Canada Health Act, which effectively prevents the provinces from experimenting with new ways of delivering and financing health care—including policies that are successful in other universal health-care countries. Given Canada’s health-care system is one of the developed world’s most expensive universal systems, yet Canadians face some of the longest wait times for physicians and worst access to medical technology (e.g. MRIs) and hospital beds, these restrictions limit badly needed innovation and hurt patients.
To give the provinces more flexibility, the Alberta Next Panel suggests the federal government shift tax points (and transfer GST) to the provinces to better align provincial revenues with provincial responsibilities while eliminating “strings” attached to such federal transfers. In other words, Ottawa would transfer a portion of its tax revenues from the federal income tax and federal sales tax to the provincial government so they have funds to experiment with what works best for their citizens, without conditions on how that money can be used.
According to the Alberta Next Panel poll, at least in Alberta, a majority of citizens support this type of provincial autonomy in delivering provincial programs—and again, it’s paid off before.
In the 1990s, amid a fiscal crisis (greater in scale, but not dissimilar to the one Ottawa faces today), the federal government reduced welfare and social assistance transfers to the provinces while simultaneously removing most of the “strings” attached to these dollars. These reforms allowed the provinces to introduce work incentives, for example, which would have previously triggered a reduction in federal transfers. The change to federal transfers sparked a wave of reforms as the provinces experimented with new ways to improve their welfare programs, and ultimately led to significant innovation that reduced welfare dependency from a high of 3.1 million in 1994 to a low of 1.6 million in 2008, while also reducing government spending on social assistance.
The Smith government’s Alberta Next Panel wants the federal government to transfer some of its tax revenues to the provinces and reduce restrictions on provincial program delivery. As Canada’s experience in the 1990s shows, this could spur real innovation that ultimately improves services for Albertans and all Canadians.
Alberta
Ottawa-Alberta agreement may produce oligopoly in the oilsands
From the Fraser Institute
By Jason Clemens and Elmira Aliakbari
The federal and Alberta governments recently jointly released the details of a memorandum of understanding (MOU), which lays the groundwork for potentially significant energy infrastructure including an oil pipeline from Alberta to the west coast that would provide access to Asia and other international markets. While an improvement on the status quo, the MOU’s ambiguity risks creating an oligopoly.
An oligopoly is basically a monopoly but with multiple firms instead of a single firm. It’s a market with limited competition where a few firms dominate the entire market, and it’s something economists and policymakers worry about because it results in higher prices, less innovation, lower investment and/or less quality. Indeed, the federal government has an entire agency charged with worrying about limits to competition.
There are a number of aspects of the MOU where it’s not sufficiently clear what Ottawa and Alberta are agreeing to, so it’s easy to envision a situation where a few large firms come to dominate the oilsands.
Consider the clear connection in the MOU between the development and progress of Pathways, which is a large-scale carbon capture project, and the development of a bitumen pipeline to the west coast. The MOU explicitly links increased production of both oil and gas (“while simultaneously reaching carbon neutrality”) with projects such as Pathways. Currently, Pathways involves five of Canada’s largest oilsands producers: Canadian Natural, Cenovus, ConocoPhillips Canada, Imperial and Suncor.
What’s not clear is whether only these firms, or perhaps companies linked with Pathways in the future, will have access to the new pipeline. Similarly, only the firms with access to the new west coast pipeline would have access to the new proposed deep-water port, allowing access to Asian markets and likely higher prices for exports. Ottawa went so far as to open the door to “appropriate adjustment(s)” to the oil tanker ban (C-48), which prevents oil tankers from docking at Canadian ports on the west coast.
One of the many challenges with an oligopoly is that it prevents new entrants and entrepreneurs from challenging the existing firms with new technologies, new approaches and new techniques. This entrepreneurial process, rooted in innovation, is at the core of our economic growth and progress over time. The MOU, though not designed to do this, could prevent such startups from challenging the existing big players because they could face a litany of restrictive anti-development regulations introduced during the Trudeau era that have not been reformed or changed since the new Carney government took office.
And this is not to criticize or blame the companies involved in Pathways. They’re acting in the interests of their customers, staff, investors and local communities by finding a way to expand their production and sales. The fault lies with governments that were not sufficiently clear in the MOU on issues such as access to the new pipeline.
And it’s also worth noting that all of this is predicated on an assumption that Alberta can achieve the many conditions included in the MOU, some of which are fairly difficult. Indeed, the nature of the MOU’s conditions has already led some to suggest that it’s window dressing for the federal government to avoid outright denying a west coast pipeline and instead shift the blame for failure to the Smith government.
Assuming Alberta can clear the MOU’s various hurdles and achieve the development of a west coast pipeline, it will certainly benefit the province and the country more broadly to diversify the export markets for one of our most important export products. However, the agreement is far from ideal and could impose much larger-than-needed costs on the economy if it leads to an oligopoly. At the very least we should be aware of these risks as we progress.
Elmira Aliakbari
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