Alberta
Investigation concludes police shooting of suspect holding gun a reasonable use of force
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.
Alberta’s government will develop a Passenger Rail Master Plan as the foundation to advancing passenger rail in the province.
Since the early days of Alberta’s development, the province has been shaped by the iron rails that crisscross its landscape. The arrival of the transcontinental railway in the late 19th century brought about profound changes to the way of life, facilitating trade, settlement, and economic prosperity. Towns and cities sprung up along the tracks, serving as vital hubs for commerce and transportation.
Today, the legacy of rail continues to shape Alberta and the rest of Canada. While the modes of transportation may have evolved, the spirit of innovation and connectivity remains as strong as ever. As Alberta experiences record population growth and evolving transportation needs, advancing passenger rail infrastructure is essential for enhancing accessibility, efficiency, and connectivity across the province.
Alberta’s Passenger Rail Master Plan will look forward decades and identify concrete actions that can be taken now as well as in the future to build the optimal passenger rail system for the province. The Master Plan will assess the feasibility of passenger rail in the province, including regional (inter-city), commuter and high-speed services.
“A large and efficient passenger rail network stretching across the province has incredible potential. It represents a forward-looking vision and is a mobility solution for our rapidly growing province and I’m excited to watch this plan take shape and bring us into the future. There’s a lot of work ahead of us, but I’m confident that we will build the network Albertans need to improve daily life and work, boost the economy and take away the stress of long-distance travel.”
“Alberta already has significant public mass transit systems in Calgary and Edmonton for the provincial passenger rail system to build upon. The Master Plan will be a vital tool to guide the province on the next steps in advancing passenger rail. It will provide certainty to the rail sector and ensure the most effective use of tax dollars and government authorities. We look forward to hearing from Albertans and working with municipalities, Indigenous communities and the private sector in advancing passenger rail in the province.”
Passenger rail services connected to urban mass transit shapes and strengthens regional transportation systems, connects communities, supports jobs and the economy and improves access to housing.
“Canada’s railways appreciate the Alberta government’s efforts to conduct a fact-based study on the potential for passenger rail service that recognizes the essential need to protect current and future freight rail capacity. Any proposal to co-locate passenger service in freight corridors must demonstrate the ability to preserve the freight rail capacity required to move goods in support of the province’s economy, today and tomorrow. Rail is the greenest mode of ground transportation for both people and goods.”
The government’s vision is for an Alberta passenger rail system that includes public, private or hybrid passenger rail, including:
- a commuter rail system for the Calgary area that connects surrounding communities and the Calgary International Airport to downtown;
- a commuter rail system for the Edmonton area that connects surrounding communities and the Edmonton International Airport to downtown;
- regional rail lines from Calgary and Edmonton to the Rocky Mountain parks;
- a regional rail line between Calgary and Edmonton, with a local transit hub in Red Deer;
- municipal-led LRT systems in Calgary and Edmonton that integrate with the provincial passenger rail system; and
- rail hubs serving the major cities that would provide linkages between a commuter rail system, regional rail routes and municipal-led mass transit systems.
The vision includes a province-led “Metrolinx-like” Crown corporation with a mandate to develop the infrastructure and oversee daily operations, fare collection/booking systems, system maintenance, and planning for future system expansion.
“At VIA Rail our vision for integrated mobility means dreaming of a future where a passenger can easily switch between commuter rail, light transit, transit buses, and regional trains in an agile and simple way. We’ve already initiated a number of exchanges with partners, and we intend to step up the pace in the coming months and years. I can assure you that as integrated mobility becomes an increasingly important topic of conversation in Alberta, VIA Rail will be there to play a unifying role.”
Alberta’s Passenger Rail Master Plan will ensure government has the required information to make decisions based on where passenger rail delivers the best return on investment. The plan will provide a cost-benefit analysis and define what is required by government, including a governance and delivery model, legislation, funding, and staging to implement passenger rail in Alberta. This work will include a 15-year delivery plan that will prioritize and sequence investments.
“We are excited to see the province taking the next step in committing to regional and intercity rail. This Passenger Rail Master Plan aims to set out a vision for a comprehensive rail network in our province that’s long overdue. We are thrilled to see this process move forward.”
The Master Plan will take into account future growth, planning for the growing provincial population and considering the use of hydrogen-powered trains to ensure a robust and effective passenger rail system to serve Albertans for years to come.
Development of the Master Plan will include engagement with Albertans to gain their perspectives for the future of passenger rail in Alberta.
Alberta’s government has released a Request for Expression of Interest to seek world-class knowledge and consultant services as a first step toward the development of the Passenger Rail Master Plan for Alberta. Following this process, a Request for Proposal will be issued to select a consultant to develop the Passenger Rail Master Plan. The Master Plan is expected to be completed by summer 2025.
Quick facts
- Passenger rail includes:
- Commuter rail – passenger rail that primarily operates within a metropolitan area, connecting commuters to a central city from adjacent suburbs or surrounding commuter towns, and is often traditional heavy-rail
- Regional rail – passenger rail that operates beyond the limits of urban areas and provides inter-city passenger rail transport services and can be traditional heavy-rail or high-speed rail
- Light-rail transit (LRT) – urban passenger rail transit that typically operates small, frequent train service in an urban area. Calgary and Edmonton use LRT as part of their mass transit systems
- Passenger rail in Alberta is currently limited to two tourism-focused services, VIA Rail and Rocky Mountaineer, and LRT in Calgary and Edmonton.
- Budget 2024 includes $9 million to support the development of the Passenger Rail Master Plan this year.
News release from the Alberta Law Enforcement Response Team (ALERT)
ALERT’s Human Trafficking unit has searched and closed three Calgary massage parlours. A year-long investigation has linked the businesses and its owner to suspected human trafficking.
ALERT arrested Hai (Anna) Yan Ye on April 16, 2024 and charged the 48-year-old with advertising sexual services, drug offences and firearms offences. The investigation remains ongoing and further charges are being contemplated.
Ye was linked to three commercial properties and two homes that were allegedly being used for illegal sexual activities and services. The massage parlours were closed following search warrant executions carried out by ALERT, the Calgary Police Service, and the RCMP:
- Seagull Massage at 1034 8 Avenue SW;
- 128 Massage at 1935 37 Street SW; and
- The One Massage Centre at 1919 31 Street SE.
- 1100-block of Hidden Valley Drive; and
- 3100-block of 12 Avenue SW.
As result of the search warrants, ALERT also seized:
- $15,000 in suspected proceeds of crime;
- Shotgun with ammunition; and
- Various amounts of drugs.
“We believe that these were immigrants being exploited into the sex trade. This has been a common trend that takes advantage of their unfamiliarity and vulnerability,” said Staff Sergeant Gord MacDonald, ALERT Human Trafficking.
Four suspected victims were identified and provided resources by ALERT’s Safety Network Coordinators.
ALERT’s investigation dates back to February 2023 when a tip was received about suspicious activity taking place at the since-closed Moonlight Massage. That location was closed during the investigation, in December 2023, when the landlord identified illegal suites on the premises.
The investigation involved the close cooperation with City of Calgary Emergency Management and Community Safety, Alberta’s Safer Communities and Neighbourhoods (SCAN) team, Canada Border Services Agency (CBSA), and the RCMP.
Ye was released from custody on a number of court-imposed conditions.
Anyone with information about this investigation, or any case involving suspected human trafficking offences, is asked to call Crime Stoppers at 1-800-222-TIPS (8477) or the Calgary Police Service non-emergency line at 403-266-1234.
ALERT was established and is funded by the Alberta Government and is a compilation of the province’s most sophisticated law enforcement resources committed to tackling serious and organized crime.
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