News Release from ASIRT (Alberta Serious Incident Response Team)
Investigation concluded into use of force during EPS arrest
On Aug. 1, 2018, pursuant to Section 46.1 of the Police Act, the Director of Law Enforcement (DLE) assigned ASIRT to investigate the circumstances surrounding a vehicle pursuit and subsequent arrest of a 31-year-old man. The man had been arrested by members of the Edmonton Police Service (EPS) on July 30 following a brief vehicle pursuit which had resulted in serious injury to an uninvolved pedestrian, and was terminated by intentional contact made by two EPS vehicles.
As is required by the Police Act, these events were reported to the DLE and, based on the information that was known at the time, EPS was directed to maintain conduct of the investigation. Several days later, while being interviewed in relation to that investigation, the man alleged that he had been assaulted during the course of his arrest and had sustained several injuries. This additional information was again reported to the DLE, and ASIRT was directed to assume conduct of the investigation into both the pursuit and any force used during the subsequent arrest of the affected person.
On July 30, 2018, at approximately 12:30 a.m., EPS members operating a marked police vehicle conducted a database check on a red Buick Rendezvous SUV, which revealed the vehicle’s licence plate had been reported stolen. Members followed the vehicle without activating their emergency equipment until the SUV stopped and the driver, later identified as the 31-year-old man, exited. Police then activated their vehicle’s emergency equipment, but the man re-entered the SUV and drove away at a high rate of speed.
Police followed the SUV with emergency equipment activated, and observed the SUV run a red light at 101 Street and 107 Avenue. At this point, several other EPS vehicles had entered the area and additional members were able to observe the SUV. During its flight from police, the vehicle mounted the sidewalk at 102 Street and struck a female pedestrian and a light post. Officers who observed the collision formed the opinion that the collision with the pedestrian was deliberate. Overt action had been required to mount the sidewalk and strike the pedestrian, who was standing in a well-lit area. As well, the man’s vehicle had had an unobstructed path forward with no observable reason or cause to leave the roadway and mount the sidewalk.
After striking the pedestrian and the pole, the SUV continued east on 107 Avenue, with police continuing pursuit. A second EPS vehicle remained at the scene of the collision to render aid to the female pedestrian, who had sustained numerous serious injuries. Having witnessed what appeared to be the deliberate use of the SUV to strike a pedestrian, the driver of the lead EPS vehicle indicated that he believed it was necessary to attempt to end the criminal flight using deliberate vehicle contact. He deliberately struck the rear driver’s side of the SUV, but this tactic failed to stop the vehicle. A marked police van subsequently made deliberate contact with the SUV, this time striking it head-on, and brought the SUV to a halt. The man exited the driver’s seat of the SUV and fled on foot southbound on 103 Street.
Three police officers pursued the man on foot. During this pursuit, the lead officer deployed his conducted energy weapon (CEW), which was successful in bringing the man to the ground. The officer verbally commanded the man to roll onto his stomach, as he had turned onto his back. The man was initially compliant, but resisted when officers attempted to handcuff him. The officer reactivated the CEW, and the man was handcuffed while the CEW was still activated.
Once in custody, the man was observed to be sweating profusely, making spastic movements and acting in a manner that indicated to the arresting officers that he was under the influence of methamphetamine. Accordingly, after searching him, EMS transported the man to hospital.
Medical records obtained during the course of the ASIRT investigation confirmed that at the time of his examination at hospital, the man had a two-centimetre laceration to his forehead which was not actively bleeding, two abrasions on his shoulder area and mild swelling of the front of his head. A CT scan revealed the presence of an age-indeterminate nasal fracture, meaning that doctors were unable to determine whether the nasal fracture had occurred during this event or earlier. Medical staff determined that the man was fit for incarceration, and released him from hospital that same day.
As previously indicated, shortly after he was incarcerated, EPS interviewed the man in the course of their investigation. During that interview, the man described his arrest, discussed his injuries, and asked the interviewer about the condition of the woman he had hit during the incident. Once ASIRT assumed conduct of the investigation, the man was interviewed again – this time by an ASIRT investigator. The man described his flight from police and the collision with the pedestrian but stated that a police vehicle had struck him before the collision with the pedestrian. He also stated that he did not remember hitting anyone.
The man stated that his girlfriend ran away from police following the collision but stopped to watch his arrest. He stated that she told him that at one point six police officers were beating him. The man stated that he did not remember this, but recommended that ASIRT interview his girlfriend. He further stated that at the time of the incident he was under the influence of methamphetamine, which he had used approximately five hours before the incident. He stated that his girlfriend was under the influence of heroin, which she had consumed approximately one hour before the incident.
The man’s girlfriend was interviewed twice during the course of this investigation, once by EPS and once by ASIRT. During the first interview by EPS, she stated that she had been the lone passenger in the vehicle being operated by her boyfriend. She indicated that he had lost control of the vehicle while turning and began to drive on the sidewalk before striking a lamppost. She stated that neither of them was aware at the time that they had struck a pedestrian. During the statement, she indicated that when the final collision with the police vehicle occurred, the man jumped out of the vehicle first and was pursued by police. She stated that she ran from the scene to a friend’s house, where, through a third party, she contacted her boyfriend in jail, but advised that they did not discuss the incident. In addition to describing the events, she confirmed the man’s statements regarding her use of heroin prior to the incident.
The next day, after the case was assigned to ASIRT, the man’s girlfriend was interviewed again by ASIRT investigators. During this interview, she confirmed that she had recently spoken to her boyfriend and now suggested that the police had struck the SUV, causing the collision with the pedestrian and minimizing the man’s role in the incident. She now stated that following the final collision, she ran and hid under a car that was approximately 10 to 20 metres away. As she watched her boyfriend’s arrest, she alleged she saw police assault him.
As a result of the discrepancies between their various versions of the incident and the conversations that took place between them after the man’s arrest, ASIRT investigators took the unusual step of obtaining a judicial authorization for access to the man’s communications while in custody at the Edmonton Remand Centre. The recorded calls revealed repeated attempts by the man to influence the evidence of his girlfriend in conversations directly with her and with other parties. On several occasions, the man referenced the impact that her assistance would have on his chances of getting bail on the charges arising from the incident. During two of the calls, the man’s girlfriend described the striking of the pedestrian, saying that she remembered her being in the way, running and screaming. The man advised her to downplay that aspect of the story when dealing with the police, and to state that she was not sure of the details.
During the calls, the man repeatedly exaggerated the extent of his dealings with police, stating that he had smashed four police vehicles, that he had four CEWs used upon him, had received four broken bones in his face during the incident, and had sustained dog bites during his arrest. His girlfriend’s response to these statements clearly demonstrated that she had not witnessed the arrest. It appeared that in a number of the exchanges, the man attempted to instil fear in his girlfriend in order to ensure her cooperation, and encouraged her to turn herself in to police, which he repeatedly suggested would help him.
In addition to the recorded calls, the independent evidence of three civilian witnesses and CCTV video from an area business confirmed that the man’s girlfriend did not witness his arrest as described in her second statement, but rather had immediately fled the area as she had initially described.
Despite being under no obligation to do so, each of the three police officers directly involved in the arrest of the man provided voluntary statements to ASIRT for use during the investigation. One officer acknowledged deploying his CEW during the foot pursuit of the man, which resulted in the man falling to the ground. When the man continued to struggle on the ground, and was described as actively resistant, the officer reactivated his CEW, which allowed him, with the assistance of the other two involved officers, to place the man in handcuffs. The three officers directly involved in the man’s arrest, along with all witness officers interviewed, denied participating in or witnessing any significant use of force as described by the man and his girlfriend.
On the basis of the information available to police during this incident, they were lawfully placed to arrest the man in relation to a number of Criminal Code offences, including possession of stolen property and criminal flight causing bodily harm. As the officers were engaged in the lawful execution of their duty, they were authorized by Sec. 25 of the Criminal Code to use a reasonable amount of force necessary to carry out their duties.
While the description of the amount of force used during the incident varies widely between the descriptions provided by police and the man and his girlfriend, when looking at the evidence in this matter as a whole, it is impossible to place any weight whatsoever on the versions offered by the man and his girlfriend.
In addition to the significant inconsistencies between the versions offered by both the man and his girlfriend in their own multiple statements, which would on their own significantly compromise the ability to rely upon their evidence, the recorded attempts by the man to influence the evidence of his girlfriend in hopes of convincing her to tailor her evidence to match his own is fatal to the credibility of both witnesses. Independent evidence conclusively established that the girlfriend was not present to witness the arrest.
Based on the available reliable evidence, the force used to arrest the man was both reasonable and necessary. Once restrained in handcuffs, there were no additional uses of force, and the man was taken into custody without further incident. Furthermore, it is clear from an assessment of all the evidence in this matter that the cause of the initial collision with the pedestrian was the man’s deliberate driving pattern and that there was no physical contact with the SUV by any police vehicle before the pedestrian was struck.
There are no reasonable grounds, nor reasonable suspicion, to believe that any of the officers committed any Criminal Code offence(s). The officers were lawfully placed in their actions with the man, and the force employed was reasonable and necessary in the circumstances. As such, no charges are appropriate, and ASIRT’s involvement in the matter is concluded.
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, as well as serious or sensitive allegations of police misconduct.
Rookie goalie Jaxson Stauber in form as Blackhawks dump Flames 5-1
By Darren Haynes in Calgary
Rookie goaltender Jaxson Stauber made it two wins in as many career starts by making 34 stops on Thursday to help the Chicago Blackhawks to a 5-1 victory over the Calgary Flames.
Taylor Raddysh, Boris Katchouk, Jason Dickinson, Sam Lafferty and Connor Murphy, into an empty net, scored for Chicago (15-28-4), which entered the game last in the NHL’s overall standings. Max Domi had an assist to extend his point streak to four games (one goal, three assists).
Jonathan Huberdeau scored for Calgary (23-17-9). The Flames sit outside of a playoff spot in the Western Conference after last season finishing atop the Pacific Division.
Markstrom had 24 stops for the Flames. Winless in his last four decisions (0-3-1), his record fell to 13-13-5. That’s 10 times this season Markstrom has received one or no goals for support.
With Alex Stalock (concussion) out, Stauber made his NHL debut on Saturday in a 5-3 win in St. Louis.
The undrafted 23-year-old is in his first pro season after signing as a free agent last March after playing the previous two years with Providence College. He began the season with AHL Rockford.
Tied 1-1 after 20 minutes, Chicago seized control in the second period with three unanswered goals.
At 9:39, Katchouk one-timed a pass from Luke Philp past Markstrom, who was screened.
Chicago made it a two-goal lead at 15:37 when both Flames defencemen Nikita Zadorov and MacKenzie Weeger went to Patrick Kane, leaving the middle of the ice open. Kane’s pass sent Dickenson in alone and he beat Markstrom over his shoulder.
Just 30 seconds later, another defensive miscue from the Flames resulted in a two-on-one rush with Colin Blackwell setting up Lafferty for his eighth goal of the season.
The Flames outshot the visitors 18-6 in the third period, but couldn’t beat Stauber. The scattered booing from disgruntled fans throughout the stanza was at its loudest at the final buzzer as Calgary players left the ice.
In a listless first period from the home side, Chicago scored first at 17:47 when Raddysh beat Markstrom under his arm.
The Flames would tie it in the final minute. Huberdeau took a pass from Kadri and made a slick move to tuck the puck behind Stauber.
TOEWS AND TANEV OUT
Both teams were without key players. Calgary defenceman Chris Tanev (upper body) was out. His spot was taken by Connor Mackey, a healthy scratch the last 16 games.
Chicago was without captain Jonathan Toews (non-COVID illness). Philp was inserted into the lineup and recorded his first NHL point.
MILESTONE FOR TOFFOLI
Tyler Toffoli played in the 700th game of his career. He has played 86 games for the Flames.
Toffoli has also played for Los Angeles (515), Vancouver (10) and Montreal (89).
Blackhawks: Wrap up a three-game road trip on Saturday in Edmonton.
Flames: Are back in action Friday night in Seattle.
This report by The Canadian Press was first published Jan. 26, 2023.
Premier Danielle Smith sent this letter to PM Justin Trudeau today
An alternative to Just Transition: Premier Smith
Alberta Premier Danielle Smith invites Prime Minister Justin Trudeau to work with her to develop “Sustainable Jobs” legislation as an alternative to the proposed “Just Transition” legislation.
Dear Prime Minister:
I am writing to once again raise Alberta’s serious concerns with the proposed federal ‘Just Transition’ legislation. The world needs more Canadian energy, not less. It would be premature and ill-advised to signal the end of a vibrant, thriving industry that has the ability to reduce Canada’s and the world’s emissions through technological innovation and increased exports of LNG and other clean burning fuels the world so desperately needs. It is also critical to the security of our nation and allies to lessen dependence on fuel sources from unstable, undemocratic and dangerous countries with atrocious environmental records.
Simply put, the world needs more Canadian energy and technology, not less, and as the owner of the world’s third largest oil and gas reserves and the most advanced environmental technology on the planet – we need to signal our intention to provide substantially more of both.
According to your government’s own predictions, the federal Just Transition initiative alone will risk a full 25 percent of Alberta’s economy and 187,000 jobs in Alberta, while also causing major disruptions and displacement to 13.5 percent of Canada’s workforce. At a time when Canadians are struggling to afford basic services and goods, Canada’s oil and gas sector offers some of the highest wages in Canada, which translates to strong business and community support across the country. Signalling a move away from these types of high paying jobs, threatens the national economy, and the livelihoods of hundreds of thousands of workers across the country at a time when good jobs are needed the most. It also creates a chilling effect on investors considering large scale investments in the Alberta and Canadian energy sector.
Prime Minister, we are at a crossroads in Alberta’s relationship with the Federal Government. We can continue with the endless court challenges, legislation to protect jurisdictional rights and inflammatory media coverage over our disagreements, or, as is my strong preference, Alberta and Ottawa can work in partnership on a plan that will signal to all Canadians and investors from around the world that our governments have cooperatively designed a series of incentives and initiatives intended to achieve the following objectives:
- Substantially decreasing Canada’s and Alberta’s net emissions;
- Accelerating private and public investment in projects and infrastructure that utilize and develop Carbon Capture Utilization and Storage (CCUS), Bitumen Beyond Combustion, Geothermal technology, petrochemicals, hydrogen, lithium, helium, zero-emissions vehicles and nuclear technologies;
- Attracting and growing a larger skilled workforce to fill positions in both the conventional energy sector as well as emerging industries using the technologies cited above; and
- Significantly, and through the lens of global emissions reduction, increasing the export of LNG and other responsibly developed conventional oil and natural gas resources to Europe, Asia and the United States.
Prime Minister, all of the above objectives need to be clearly articulated and integrated into any Federal legislation or policies your government seeks to implement in the coming months, or that legislation will face irrepressible opposition from Alberta. I genuinely do not want to see that happen.
Further, this proposed legislation must be developed through cooperative discussions with affected provinces – namely Alberta. I would therefore invite you to meet with me in February on this matter, after which I would propose we have our appropriate ministers and officials meet repeatedly in the coming months with the goal of coming to a joint agreement on the key items to be included in your contemplated legislation so that it can be introduced and passed by the end of Spring.
Further, I request that you take to heart, and acknowledge publicly, the following items, in an extension of good faith to Albertans:
- Immediately drop the verbiage of “Just Transition”. Accordingly, rename the “Just Transition Act” to the “Sustainable Jobs Act”;
- Vow that all provisions of any forthcoming legislation will be designed to incentivize investment and job growth in both the conventional energy sector as well as in emerging industries utilizing Carbon Capture Utilization and Storage (CCUS), Bitumen Beyond Combustion, petrochemicals, hydrogen, lithium, helium, geothermal, zero-emissions vehicle and nuclear technologies;
- Demonstrate that no provision of the Act will be designed to phase out or reduce Alberta’s conventional oil and natural gas sector and workforce (as we are already experiencing a workforce shortage in this sector);
- Commit your Government to actively partnering with Alberta to expand LNG exports to Asia and Europe as part of our nation’s overall emissions reduction strategy; and
- Promise that you and your Government will work with Alberta in partnership to set reasonable and meaningful emissions reductions targets and will not unilaterally impose such targets on Alberta’s energy, agriculture and other industrial sectors on a go forward basis.
Investments by Alberta’s oil and natural gas industry are driving the creation of the very clean technologies needed to bring emissions down both in Canada and around the world. Oil and natural gas companies representing the majority of production in Canada are investing $24 billion on projects to help reduce annual GHG emissions from operations by 22 million tonnes by 2030, and have committed to emission neutrality by 2050. Putting an end to or hampering this important work, and continued tepid support for increased LNG export, is the best way for your government to fail in its goal of reducing our nation’s and the world’s emissions. It would be the ultimate example of scoring on our own net.
The Alberta energy sector has grown and thrived through innovation, providing good paying jobs for thousands and contributing billions of dollars in tax revenue for all levels of government. They will continue to evolve and adapt to new technologies in search of new low to zero-emitting fuel sources like hydrogen and provide new, high-paying skilled jobs for decades to come. It is essential that the federal government stands shoulder to shoulder with Alberta to reduce emissions and continue to develop our oil and natural gas and future energy sources responsibly, while also positioning Canada as the optimal solution to global energy needs and security.
Prime Minister, we can and must work together. Operating in political silos, as adversaries on this issue, is getting us nowhere, and I believe all Canadians are tired of seeing it. Canada should be the world’s greatest energy superpower. It can be, if we come together collaboratively in pursuit of that objective. There is no limit to our nation’s potential.
Let’s turn the page starting with a meeting between us next month followed by a dedicated effort to craft “Sustainable Jobs” legislation that a vast majority of Albertans and Canadians will welcome and support. The consequences of missing this opportunity will be dire for the Canadian and Alberta economies, workforce and environment.
I look forward to your prompt reply.
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