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Alberta

Province of Alberta puts criminals on notice!

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Doug Schweitzer, Minister of Justice and Solicitor General

Ministers Jason Nixon, Rick Wilson and Doug Schweitzer announced further steps to combat rural crime, which includes expanded authorities and roles for Government of Alberta peace officers from the Fish and Wildlife Enforcement Branch, Commercial Vehicle Enforcement Branch and the Alberta Sheriffs.

From The Province of Alberta

Government announces plan to combat rural crime

The province is standing up for rural Albertans by acting on concerns to deter crime, reinforce property rights and give victims a stronger voice in the justice system.

“We are sending a strong signal to rural Albertans who have been victimized for far too long. We have listened to you. We have heard you. And we are standing with you. We want to ensure you know that we are going to do everything we can as a provincial government to help you feel safe in your communities.”

Doug Schweitzer, Minister of Justice and Solicitor General

“In many ways, rural communities are the heart of this province – hard-working, salt-of-the-earth, and always ready and willing to lend a hand to a neighbour in need. It’s heartbreaking to see the scourge of criminal activity worsen in these communities over the past several years, and we need to take action. This is an issue that affects many in my own community, and it is one that I take very seriously. As we promised, our government is taking immediate steps to make sure everyone feels safe and secure in their homes and in their communities.”

Jason Nixon, Minister of Environment and Parks

Integrating provincial peace officers

In rural areas, police can be stretched across large distances, which can lead to longer response times. To help reduce response times, the government will create the Rural Alberta Provincial Integrated Defence Force – the RAPID Force – by expanding the roles and authorities of 400 peace officers in the Fish and Wildlife Enforcement Branch, Commercial Vehicle Enforcement Branch and the traffic arm of the Alberta Sheriffs. The changes will allow these officers to respond to a wider range of calls and to assist the RCMP and other police services in some emergencies.

Training and related planning is underway, to have the first of these officers available to assist rural Albertans by fall 2020.

Strengthening property rights

To defend the rights of law-abiding property owners, the government will introduce changes to the Occupiers’ Liability Act.  These changes would eliminate the liability of law-abiding property owners who are protecting their property against trespasses who are, or who are believed to be, in the commission of a criminal act. This provision will be retroactive to Jan. 1, 2018.

To strengthen trespass laws and further defend property rights, planned legislation includes a proposed five-fold increase to the maximum fines for trespassing offences, with fines of up to $10,000 for a first violation and $25,000 for subsequent offences, as well as possible prison time of up to six months. Corporations that help or direct trespassers would face fines up to $200,000. In addition to these increases, a proposed change would increase the maximum amount a court can order for loss of or damage to property from $25,000 to $100,000.

The planned legislation would amend the Petty Trespass Act to add explicit references to better capture land used for crops, animal-rearing and bee-keeping.

A proposed biosecurity regulation under the Animal Health Act would create offences and penalties for people who enter agricultural operations without authorization or encourage others to do so. Such incidents can introduce disease and threaten the welfare of animals.

Cracking down on metal theft

Government has proclaimed the Scrap Metal Dealers and Recyclers Identification Act to deter metal theft by making it more difficult for criminals to monetize stolen material by selling it for scrap.

Metal theft is a significant public safety risk. Thieves terrify property owners by trespassing and stealing materials such as copper wire and industrial batteries and frequently damage and interfere with critical systems like electrical lines, telecommunications cables and transportation infrastructure.

Criminals often steal metal from property owners and critical infrastructure in isolated areas to avoid detection. This has also made rural Albertans a target of trespassers and thieves looking for metal.

The Scrap Metal Dealers and Recyclers Identification Act was passed in 2012, but never proclaimed. An Order in Council signed Nov. 5 puts the legislation into effect immediately.

Regulations outlining requirements on dealers and recyclers to obtain proof of identification from sellers, record and retain details of transactions and share information with law enforcement will be in place by spring 2020. There is also an immediate requirement for scrap metal dealers and recyclers to report any suspected stolen property in their possession to authorities.

A new voice for victims

Community impact statements will recognize the far-reaching effects of a crime and how an entire community can suffer harm or loss.

A new program will enable communities to take part in the sentencing of offenders by letting them submit a statement describing how the crime has affected the community as a whole – including the emotional, physical and economic impact, or fears they may have for their own security.

A community impact statement could be written on behalf of any group of people, such as those in a geographic area, diverse segments of the population, and groups affected by the crime.

Community impact statement forms will be available online in early January.

There will also be additional support for victims, via a new Restitution Recoveries Program. The program will help victims collect outstanding payments on restitution orders by giving government the authority to use enforcement measures against offenders, such as garnishing wages or seizing and selling property, as needed.

This program will reduce red tape for victims who would otherwise have to navigate the legal system and attempt to collect court-ordered restitution at their own risk, effort and expense.

After 15 years as a TV reporter with Global and CBC and as news director of RDTV in Red Deer, Duane set out on his own 2008 as a visual storyteller. During this period, he became fascinated with a burgeoning online world and how it could better serve local communities. This fascination led to Todayville, launched in 2016.

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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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