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Alberta

Pastor James Coates to be released from jail as Crown withdraws charges

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This post is from a news release by the Justice Centre

EDMONTON: The Justice Centre today announced that Crown Prosecutors have agreed to withdraw all but one of the Public Health Act offences that Pastor James Coates has been charged with. The Justice Centre expects Pastor Coates will be released from jail in the coming days, without any conditions, pending his May 3-5 trial in Provincial Court.

The Justice Centre will defend Pastor Coates on one remaining charge of violating an Order of the Chief Medical Officer of Health by challenging the lawfulness of the public health order that he is charged with violating.

The Pastor of Grace Life Church near Edmonton has been incarcerated in the Edmonton Remand Centre for a month, since February 16. It is expected that Pastor Coates could be released from jail as early as Friday, March 19.

Grace Life is a church of nearly 400 congregants who have exercised their Charter rights and freedoms normally since July of 2020, including their freedoms of assembly, association, expression, religion and conscience. Not one congregant has been lost to Covid, but, sadly, a congregant was lost to the Alberta Government lockdown in the first week of February when he died prematurely because he couldn’t get the cancer treatment he needed due to government lockdown restrictions.

Pastor Coates and Grace Life Church are represented by the Justice Centre in respect of tickets and court summons. The Pastor and his church have been taken to court by Alberta Health Services (AHS) and ordered to close by AHS for holding regular church services and refusing to turn congregants away.

The Justice Centre sent a letter to Premier Jason Kenney on February 17, 2021, challenging him to assume responsibility for protecting the Charter rights and freedoms of Albertans, and to cease allowing an unelected health official, Dr. Deena Hinshaw, to violate rights and freedoms with health orders that are not reviewed by, or approved by, the elected Members of the Legislative Assembly.

Pastor Coates has been jailed in the Edmonton Remand Centre since February 16, after he refused to sign a bail condition that required him to effectively promise to stop exercising his Charter freedoms of conscience, religion, expression, association and peaceful assembly.

On Sunday, February 7, after the morning worship service, two RCMP officers met with Pastor Coates and a few others in his office at the Church and told Pastor Coates that he was under arrest.

The officers imposed a condition on the Pastor that he only hold church if he followed all the public health restrictions, such as permitting only 15% of his congregants to attend a Sunday morning worship service. Pastor Coates explained to the officers that he could not agree to abide by Charter-violating public health orders that prevent him from fulfilling his duty as a minister to lead his congregation in worship. As Pastor Coates did not agree to the condition imposed on him, RCMP should have taken him before a Justice of the Peace, but they did not and, instead, left the church.

Pastor Coates again held church on Sunday February 14. On Monday, February 15, the RCMP asked Pastor Coates to attend at the RCMP station. When Pastor Coates arrived, the RCMP charged him with multiple Public Health Act offences and a criminal offence related to the bail condition imposed on February 7.

A bail hearing took place on Tuesday, February 16. Crown Prosecutor Karen Thorsrud asked the court to keep Pastor Coates in jail until he could appear for trial. A Justice of the Peace ordered Pastor Coates released on bail on the condition that he only hold church if he followed all the public health restrictions. Pastor Coates could not, in good conscience, agree to such a Charterrights-violating condition of release and was therefore detained at the Edmonton Remand Centre.

Crown prosecutors have now agreed that Pastor Coates can be released without conditions and will withdraw all but one of the Public Health Act charges against him. Prosecutors have also agreed to withdraw the criminal charge in connection with the condition imposed by RCMP on February 7, and instead have charged Pastor Coates $100 for breaching the condition, which Pastor Coates has agreed to pay.

The single charge remaining has not been withdrawn, as the Justice Centre and Pastor Coates want the matter heard at trial, to determine the constitutionality of the public health order that churches only hold worship services at 15% capacity, and to compel the government to produce scientific evidence that might support these violations of Charter freedoms. The trial is scheduled to take place beginning on May 3, 2021.

“The condition that Pastor Coates effectively stop doing his job as a pastor by adhering to unscientific and unconstitutional public health restrictions should never have been imposed on him by the RCMP, or by the Court. We are hopeful that he will finally be released from jail without conditions, and can resume pastoring Grace Life church,” states Justice Centre president John Carpay.

“We look forward appearing in court in May and demanding the government provide evidence that public health restrictions that violate the freedoms of religion, peaceful assembly, expression and association are scientific and are justifiable in a free and democratic country,” concludes Carpay.

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Alberta

ASIRT investigations concluded on fatal officer-involved shooting involving the RCMP.

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Incident investigation report from the Alberta Serious Incident Response Team (ASIRT)

Introduction

On December 22, 2022, the Alberta Serious Incident Response Team (ASIRT) was directed pursuant to s. 46.1 of the Police Act to investigate a then non-fatal Royal Canadian Mounted Police (RCMP) officer-involved shooting. The shooting of the affected person (AP) was reported to have happened during an interaction with him, as a result of him being a suspect in a complaint of a man with a gun.

While AP initially survived, he died of complications from the shooting the following day.

ASIRT’s Investigation

ASIRT’s investigation was comprehensive and thorough, conducted using current investigative protocols and principles relating to Major Case Management. Information from civilian witnesses, the subject and a witness officers, and importantly video recordings provided sufficient information to determine whether the force used by the subject officer during this incident was reasonable.

Circumstances Surrounding the Officer-Involved Shooting

On December 01, 2022, Maskwacis RCMP received a call reporting that a male [AP] had been drinking and left the caller’s house with a gun. AP was shooting the gun in the country (believed to be the area around the residence). Two RCMP officers responded.

Witness officer (WO) located AP walking on the road with a rifle. AP walked toward WO’s marked police vehicle with the rifle pointed at the vehicle/WO, while WO was seated in the driver’s seat. WO then exited his vehicle with his carbine rifle and moved to the rear of his vehicle while AP kept the rifle pointed at the police vehicle. The subject officer (SO) arrived on scene, but came from the opposite direction. AP turned around and walked toward SO with the barrel of the rifle pointed upwards. SO exited his police vehicle with his service pistol drawn and walked toward AP while he
repeatedly provided verbal direction to AP to drop the firearm. AP and SO were walking toward each other; at that time AP still had the barrel of the rifle pointed upward. As SO and AP got within approximately five meters of each other, AP lowered the barrel of the rifle and pointed it directly at SO. SO fired multiple rounds and struck AP with four rounds causing AP to stumble, drop the rifle and fall to the ground. AP initially survived the shooting and was transported to an Edmonton hospital, where he underwent emergency surgery. The following day, AP succumbed to his injuries.

Analysis

The subject officer was lawfully placed and acting in the execution of his duties in dealing with AP as a person who was the subject of a complaint about him being in possession of a firearm and shooting it off.

The Use of Force

Under s. 25 of the Criminal Code, police officers are permitted to use as much force as is necessary for the 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.

A police officer’s use of force is not to be assessed on a standard of perfection nor using the benefit of hindsight.

With the benefit of hindsight, time for detached reflection and knowledge of the ultimate outcome, it is easy to speculate about how things could have been done differently. That is not the standard, however, against which an officer’s conduct is measured. The question is, applying principles of proportionality, necessity, and reasonableness, whether the force used falls into a range of possible reasonable responses.

Proportionate Response

Proportionality requires balancing a use of force with the action to which it responds. Here, the subject officers were faced with an individual that was armed with a gun and pointing it in their direction. As such, the response by the subject officers in using their respective firearms to shoot AP was proportionate to the threat of death or grievous bodily harm that he reasonably posed to both of them.

Reasonably Necessary

As set out previously in this report, AP presented as a lethal threat to both SO and WO given his actions in pointing his rifle at them. While WO did not shoot during this incident that does not impact the analysis of SO’s actions. Under the circumstances as then faced by SO, no other use of force options were reasonably available for attempted use. The use by SO of his firearm to incapacitate this lethal threat was reasonably necessary. Given the above, the defence available to SO under s. 25 of the Criminal Code would apply.

Conclusion

Under s. 25 of the Criminal Code a police officer is justified in doing what he or she is authorized to do and to use as much force as is reasonably necessary where he or she has reasonable grounds to do so. Force intended to cause death or grievous bodily harm is justified if the officer believes, on reasonable grounds, that the force was necessary to prevent the death or grievous bodily harm of the officer and/or any other person. The analysis under s.34 of the Criminal Code leads to a similar finding that subject officer’s actions were lawfully permitted.

After a thorough, independent and objective investigation into the conduct of the subject officers, it is my opinion that they were lawfully placed and acting properly in the execution of their duties. There is no evidence to support any belief that any officer engaged in any unlawful or unreasonable conduct that would give rise to an offence. The force used was proportionate, necessary and reasonable in all the circumstances.

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Alberta

Alberta requests more control over provincial immigration system

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Alberta is requesting more control over its provincial immigration to address its skilled workforce shortage, including increasing Ukrainian evacuee participation in the job market.

Premier Danielle Smith has written a letter to Prime Minister Justin Trudeau asking him to re-evaluate his government’s decision limiting the number of allocations for Alberta’s provincial nominee program in 2024. Last week, the federal government informed the province it would only receive 9,750 such allotments – which is the same number of allocations Alberta received in 2023 and is less than the 10,140 for 2024 the federal government had originally allocated.

As of February 2024, Alberta accounts for just under 12 per cent of Canada’s population, but it leads the nation in net employment growth, with 42.8 per cent of the country’s employment gains between January and February 2024. By not providing the requested increase to Alberta’s provincial nominee allocations, the federal government is restricting the province’s ability to keep up with its growing labour market demands, especially as it relates to integrating Ukrainian evacuees into Alberta’s job market.

“Alberta is growing and that is good news. Since January 2023, more than 100,000 new jobs have been created in our province and our employment rate has led the country even longer. At the same time, we continue to experience labour shortages that could be resolved by welcoming skilled workers from around the world, including evacuees from Ukraine, many of whom have the exact skills that our job market most needs. Alberta has long been the economic engine of Canada and we are once again requesting Ottawa respect section 95 of the Constitution and let us welcome the skilled individuals we need into our province on our terms.”

Danielle Smith, Premier

With Alberta’s population growth at levels not seen in four decades, Alberta’s Provincial Nominee Program is best placed to address the province’s unique immigration and economic goals.

Part of Alberta’s population growth has resulted from Russia’s invasion in Ukraine on February 24, 2022. Since that time, Alberta has welcomed a significant number of Ukrainian evacuees to the province. While it is anticipated that many will return to Ukraine following the war, Alberta is also expecting a number of families to apply for permanent residency via the Alberta Advantage Immigration Program. An increase in the number of allocations from the federal government would assist these new Albertans to fill positions in the province’s workforce.

“Immigration is key to Alberta’s ability to address labour shortages and to grow our economy. This limitation imposed by the federal government on our provincial nominee program will be a very difficult pill to swallow, not only for businesses that need this skilled labour but also to the many Ukrainian evacuees who have the skills we need and wish to stay permanently in Alberta.”

Muhammad Yaseen, Minister of Immigration and Multiculturalism

Quick facts

  • The federal government through Immigration, Refugees and Citizenship Canada sets provincial immigration nomination limits. It also approves all permanent resident applications.
  • Alberta maximized its 9,750 nomination allocations in 2023, with a total of 10,029 nominations issued within the federal government administrative buffer.

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