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
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
Alberta
A Christmas wish list for health-care reform
From the Fraser Institute
By Nadeem Esmail and Mackenzie Moir
It’s an exciting time in Canadian health-care policy. But even the slew of new reforms in Alberta only go part of the way to using all the policy tools employed by high performing universal health-care systems.
For 2026, for the sake of Canadian patients, let’s hope Alberta stays the path on changes to how hospitals are paid and allowing some private purchases of health care, and that other provinces start to catch up.
While Alberta’s new reforms were welcome news this year, it’s clear Canada’s health-care system continued to struggle. Canadians were reminded by our annual comparison of health care systems that they pay for one of the developed world’s most expensive universal health-care systems, yet have some of the fewest physicians and hospital beds, while waiting in some of the longest queues.
And speaking of queues, wait times across Canada for non-emergency care reached the second-highest level ever measured at 28.6 weeks from general practitioner referral to actual treatment. That’s more than triple the wait of the early 1990s despite decades of government promises and spending commitments. Other work found that at least 23,746 patients died while waiting for care, and nearly 1.3 million Canadians left our overcrowded emergency rooms without being treated.
At least one province has shown a genuine willingness to do something about these problems.
The Smith government in Alberta announced early in the year that it would move towards paying hospitals per-patient treated as opposed to a fixed annual budget, a policy approach that Quebec has been working on for years. Albertans will also soon be able purchase, at least in a limited way, some diagnostic and surgical services for themselves, which is again already possible in Quebec. Alberta has also gone a step further by allowing physicians to work in both public and private settings.
While controversial in Canada, these approaches simply mirror what is being done in all of the developed world’s top-performing universal health-care systems. Australia, the Netherlands, Germany and Switzerland all pay their hospitals per patient treated, and allow patients the opportunity to purchase care privately if they wish. They all also have better and faster universally accessible health care than Canada’s provinces provide, while spending a little more (Switzerland) or less (Australia, Germany, the Netherlands) than we do.
While these reforms are clearly a step in the right direction, there’s more to be done.
Even if we include Alberta’s reforms, these countries still do some very important things differently.
Critically, all of these countries expect patients to pay a small amount for their universally accessible services. The reasoning is straightforward: we all spend our own money more carefully than we spend someone else’s, and patients will make more informed decisions about when and where it’s best to access the health-care system when they have to pay a little out of pocket.
The evidence around this policy is clear—with appropriate safeguards to protect the very ill and exemptions for lower-income and other vulnerable populations, the demand for outpatient healthcare services falls, reducing delays and freeing up resources for others.
Charging patients even small amounts for care would of course violate the Canada Health Act, but it would also emulate the approach of 100 per cent of the developed world’s top-performing health-care systems. In this case, violating outdated federal policy means better universal health care for Canadians.
These top-performing countries also see the private sector and innovative entrepreneurs as partners in delivering universal health care. A relationship that is far different from the limited individual contracts some provinces have with private clinics and surgical centres to provide care in Canada. In these other countries, even full-service hospitals are operated by private providers. Importantly, partnering with innovative private providers, even hospitals, to deliver universal health care does not violate the Canada Health Act.
So, while Alberta has made strides this past year moving towards the well-established higher performance policy approach followed elsewhere, the Smith government remains at least a couple steps short of truly adopting a more Australian or European approach for health care. And other provinces have yet to even get to where Alberta will soon be.
Let’s hope in 2026 that Alberta keeps moving towards a truly world class universal health-care experience for patients, and that the other provinces catch up.
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