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RCMP officer acted reasonably in shooting incident: ASIRT

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officer acted reasonably in shooting incident

January 17, 2019 Media inquiries

On Sept. 22, 2017, the Alberta Serious Incident Response Team (ASIRT) was directed to investigate the circumstances surrounding the discharge of firearm by a member of the RCMP, with no injuries to anyone.

In the early hours that day, Redwater RCMP notified surrounding areas to be on the lookout for a vehicle involved in two armed robberies and a vehicle pursuit, which had just occurred in their area. One of these robberies resulted in a gunshot injury to the victim. An RCMP officer was driving home after his shift at the Fort Saskatchewan detachment when he spotted a vehicle that matched the suspect vehicle, travelling in the ditch with no headlights or taillights on, just outside of Fort Saskatchewan. The officer reported the information to RCMP and EPS dispatch, and followed the suspect vehicle at a distance while providing updates. The suspect vehicle was intercepted by EPS patrol units, but failed to stop. Following a lengthy pursuit, the suspect vehicle was abandoned in a rural area and the occupants fled on foot.

The RCMP and EPS units established a perimeter to contain the area, as it was believed that the suspects might attempt to steal another vehicle to leave the area. The RCMP officer who had reported the suspect vehicle, still in full uniform, offered to assist and joined another RCMP officer in a fully marked police vehicle. An unidentified truck was observed driving in the area where the suspect vehicle had been abandoned, and a decision was made to stop the truck and identify the driver.

Two marked RCMP vehicles were positioned to stop the unidentified truck at the intersection of Township Road 472 and Range Road 242. As two officers approached the cab of the truck to speak with the driver and lone occupant, the reporting officer held his position behind the deployed spike belt with his firearm drawn at low-ready. The driver of the truck appeared nervous to the officers, was unable to produce identification, and provided an explanation for his presence that was suspicious. The two officers directed the driver to exit the vehicle. As one of the officers reached for the truck driver’s door handle to pull it open, the driver put the truck in motion and accelerated forward quickly, directly towards the officer positioned behind the spike belt. The officer fired his service pistol at the vehicle, and simultaneously jumped to the side, out of the vehicle’s path. Several rounds struck the vehicle but did not enter into the passenger cab of the vehicle, and no one was injured. Having passed over the spike belt, the tires of the truck rapidly deflated and the vehicle was stopped a short distance away. Ultimately, the driver exited the vehicle and was arrested without further incident. Further investigation determined that the truck was, in fact, stolen.

Under S. 25 of the Criminal Code, police officers are entitled to use as much force as is reasonably necessary to carry out their lawful duties. With potentially armed and dangerous individuals at large, the situation was already high-risk. The driver of the motor vehicle was stopped in circumstances where it was not possible for the involved officers to know whether he might have potential association or possible involvement in the earlier events that had resulted in an individual having been shot or the suspects at large. In this situation, the driver’s attempt to escape, the manner of his operation of the (stolen) motor vehicle, including the speed and the decision to drive directly at the officer, created a risk of imminent death or grievous bodily harm to the police officer. The risk was objectively serious and immediate. Furthermore, under S. 34 of the Criminal Code, any person, including a police officer, is entitled to the use of reasonable force in defence of themselves or another. At the point where the driver put the truck in motion in the direction of the officer, the officer was lawfully entitled to act in self-defence. The use of force ceased within a reasonable time frame, and the driver was arrested without further incident. While the officer’s shift had technically ended, he maintained his authorities as a police officer in the province of Alberta and at the time that the driver drove at him, he was entitled to act in the lawful execution of his duties in the face of an individual who was committing criminal offences in that moment, as a police officer, and as a person entitled to defend himself from grievous bodily harm or death.

Having reviewed the investigation, there are no reasonable grounds, nor even reasonable suspicion, to believe that the officer committed any Criminal Code offence. While it is unfortunate that the lives of both the officer and the driver were placed at risk during this encounter, that risk resulted from the driver’s attempt to escape what was a lawful detention by members of the RCMP. The force used in response to that escape attempt was reasonable given all of the circumstances.

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.

President Todayville Inc., Honorary Colonel 41 Signal Regiment, Board Member Lieutenant Governor of Alberta Arts Award Foundation, Director Canadian Forces Liaison Council (Alberta) musician, photographer, former VP/GM CTV Edmonton.

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Alberta

Unified message for Ottawa: Premier Danielle Smith and Premier Scott Moe call for change to federal policies

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United in call for change: Joint statement

“Wednesday, Alberta’s and Saskatchewan’s governments came together in Lloydminster to make a unified call for national change.

“Together, we call for an end to all federal interference in the development of provincial resources by:

  • repealing or overhauling the Impact Assessment Act to respect provincial jurisdiction and eliminate barriers to nation-building resource development and transportation projects;
  • eliminating the proposed oil and gas emissions cap;
  • scrapping the Clean Electricity Regulations;
  • lifting the oil tanker ban off the northern west coast;
  • abandoning the net-zero vehicle mandate; and
  • repealing any federal law or regulation that purports to regulate industrial carbon emissions, plastics or the commercial free speech of energy companies.

 

“The federal government must remove the barriers it created and fix the federal project approval processes so that private sector proponents have the confidence to invest.

“Starting with additional oil and gas pipeline access to tidewater on the west coast, our provinces must also see guaranteed corridor and port-to-port access to tidewater off the Pacific, Arctic and Atlantic coasts. This is critical for the international export of oil, gas, critical minerals, agricultural and forestry products, and other resources. Accessing world prices for our resources will benefit all Canadians, including our First Nations partners.

“Canada is facing a trade war on two fronts. The People’s Republic of China’s ‘anti-discrimination’ tariffs imposed on Canadian agri-food products have significant impacts on the West. We continue to call on the federal government to prioritize work towards the removal of Chinese tariffs. Recently announced tariff increases, on top of pre-existing tariffs, by the United States on Canadian steel and aluminum products are deeply concerning. We urge the Prime Minister to continue his work with the U.S. administration to seek the removal of all tariffs currently being imposed by the U.S. on Canada.

“Alberta and Saskatchewan agree that the federal government must change its policies if it is to reach its stated goal of becoming a global energy superpower and having the strongest economy in the G7. We need to have a federal government that works with, rather than against, the economic interests of Alberta and Saskatchewan. Making these changes will demonstrate the new Prime Minister’s commitment to doing so. Together, we will continue to fight to deliver on the immense potential of our provinces for the benefit of the people of Saskatchewan and Alberta.”

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Alberta

Calls for a new pipeline to the coast are only getting louder

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From Resource Works

Alberta wants a new oil pipeline to Prince Rupert in British Columbia.

Calls on the federal government to fast-track new pipelines in Canada have grown. But there’s some confusion that needs to be cleared up about what Ottawa’s intentions are for any new oil and gas pipelines.

Prime Minister Carney appeared to open the door for them when he said, on June 2, that he sees opportunity for Canada to build a new pipeline to ship more oil to foreign markets, if it’s tied to billions of dollars in green investments to reduce the industry’s environmental footprint.

But then he confused that picture by declaring, on June 6, that new pipelines will be built only with “a consensus of all the provinces and the Indigenous people.” And he added: “If a province doesn’t want it, it’s impossible.”

And BC Premier David Eby made it clear on June 2 that BC doesn’t want a new oil pipeline, nor does it want Ottawa to cancel the related ban on oil tankers steaming through northwest BC waters. These also face opposition from some, but not all, First Nations in BC.

Eby’s energy minister, Adrian Dix, also gave thumbs-down to a new oil pipeline, but did say BC supports expanding the capacity of the existing Trans Mountain TMX oil pipeline, and the dredging of Burrard Inlet to allow bigger oil tankers to load Alberta oil from TMX at the port of Vancouver.

While the feds sort out what their position is on fast-tracking new pipelines, Alberta Premier Danielle Smith leaped on Carney’s talk of a new oil pipeline if it’s tied to lowering the carbon impact of the Alberta oilsands and their oil.

She saw “a grand bargain,” with, in her eyes, a new oil pipeline from Alberta to Prince Rupert, BC, producing $20 billion a year in revenue, some of which could then be used to develop and install carbon-capture mechanisms for the oil.

She noted that the Pathways Alliance, six of Canada’s largest oilsands producers, proposed in 2021 a carbon-capture network and pipeline that would transport captured CO₂ from some 20 oilsands facilities, by a new 400-km pipeline, to a hub in the Cold Lake area of Alberta for permanent underground storage.

Preliminary estimates of the cost of that project run up to $20 billion.

The calls for a new oil pipeline from Bruderheim, AB, to Prince Rupert recall the old Northern Gateway pipeline project that was proposed to run from Alberta to Kitimat, BC.

That was first proposed by Enbridge in 2008, and there were estimates that it would mean billions in government revenues and thousands of jobs.

In 2014, Conservative prime minister Stephen Harper approved Northern Gateway. But in 2015, the Federal Court of Appeal overruled the Harper government, ruling that it had “breached the honour of the Crown by failing to consult” with eight affected First Nations.

Then the Liberal government of Prime Minister Justin Trudeau, who succeeded Harper in 2015, effectively killed the project by instituting a ban on oil tanker traffic on BC’s north coast shortly after taking office.

Now Danielle Smith is working to present Carney with a proponent and route for a potential new crude pipeline from Alberta to Prince Rupert.

She said her government is in talks with Canada’s major pipeline companies in the hope that a private-sector proponent will take the lead on a pipeline to move a million barrels a day of crude to the BC coast.

She said she hopes Carney, who won a minority government in April, will make good on his pledge to speed permitting times for major infrastructure projects. Companies will not commit to building a pipeline, Smith said, without confidence in the federal government’s intent to bring about regulatory reform.

Smith also underlined her support for suggested new pipelines north to Grays Bay in Nunavut, east to Churchill, Manitoba, and potentially a new version of Energy East, a proposed, but shelved, oil pipeline to move oil from Alberta and Saskatchewan to refineries and a marine terminal in the Maritimes.

The Energy East oil pipeline was proposed in 2013 by TC Energy, to move Western Canadian crude to an export terminal at St. John, NB, and to refineries in eastern Canada. It was mothballed in 2017 over regulatory hurdles and political opposition in Quebec.

A separate proposal known as GNL Quebec to build a liquefied natural gas pipeline and export terminal in the Saguenay region was rejected by both federal and provincial authorities on environmental grounds. It would have diverted 19.4 per cent of Canadian gas exports to Europe, instead of going to the US.

Now Quebec’s environment minister Benoit Charette says his government would be prepared to take another look at both projects.

The Grays Bay idea is to include an oil pipeline in a corridor that would run from northern BC to Grays Bay in Nunavut. Prime Minister Carney has suggested there could be opportunities for such a pipeline that would carry “decarbonized” oil to new markets.

There have also been several proposals that Canada should build an oil pipeline, and/or a natural gas pipeline, to the port of Churchill. One is from a group of seven senior oil and gas executives who in 2017 suggested the Western Energy Corridor to Churchill.

Now a group of First Nations has proposed a terminal at Port Nelson, on Hudson Bay near Churchill, to ship LNG to Europe and potash to Brazil. And the Manitoba government is looking at the idea.

“There is absolutely a business case for sending our LNG directly to European markets rather than sending our natural gas down to the Gulf Coast and having them liquefy it and ship it over,” says Robyn Lore of project backer NeeStaNan. “It’s in Canada’s interest to do this.”

And, he adds: “The port and corridor will be 100 per cent Indigenous owned.”

Manitoba Premier Wab Kinew has suggested that the potential trade corridor to Hudson Bay could handle oil, LNG, hydrogen, and potash slurry. (One obvious drawback, though, winter ice limits the Hudson Bay shipping season to four months of the year, July to October.)

All this talk of new pipelines comes as Canada begins to look for new markets to reduce reliance on the US, following tariff measures from President Donald Trump.

Alberta Premier Smith says: “I think the world has changed dramatically since Donald Trump got elected in November. I think that’s changed the national conversation.”

And she says that if Carney wants a true nation-building project to fast-track, she can’t think of a better one than a new West Coast oil pipeline.

“I can’t imagine that there will be another project on the national list that will generate as much revenue, as much GDP, as many high paying jobs as a bitumen pipeline to the coast.”

Now we need to know what Mark Carney’s stance on pipelines really is: Is it fast-tracking them to reduce our reliance on the US? Or is it insisting that, for a pipeline, “If a province doesn’t want it, it’s impossible.”

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