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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

Diploma Exams Affected: No school Monday as ATA rejects offer of enhanced mediation

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Premier Danielle Smith, Minister of Finance Nate Horner, and Minister of Education Demetrios Nicolaides issued the following statement.

“Yesterday, the Provincial Bargaining and Compensation Office wrote to the Alberta Teachers’ Association (ATA) and formally requested an agreement to enter an enhanced mediation process.

“This process would have ensured that students returned to the classrooms on Monday, and that teachers returned to work.

“Negotiating would have continued with the ATA, Teachers’ Employer Bargaining Association (TEBA) and a third-party mediator to propose a recommended agreement.

“We are very disappointed that the Alberta Teachers’ Association refused this offer. Teachers and students should also be disappointed.

“PBCO made this offer to the ATA because the union has not made a reasonable offer and this strike is impacting students. Alberta’s government is trying to put kids first and bring an end to this strike.

“The offer of enhanced mediation provided a clear path to ending it.

“We want the same things as the ATA: More teachers. More pay for teachers. More educational assistants. And more classrooms.

“This strike has gone on too long and we are extremely concerned about the impact it is having on students.

“We are willing to consider further options to ensure that our next generation gets the world-class education they deserve. After about three weeks, a strike of this nature would reach the threshold of causing irreparable harm to our students’ education.

“The ATA needs to do what is right for its members, and for all Alberta students.

“If it refuses to do so, we will consider further options to bring this strike to an end.”

Diploma exam update

November diploma exams will be optional for students.

With instructional time in schools disrupted due to the teacher strike, the November 2025 diploma exams will now be optional for students. Students who wish to write a diploma exam may request to do so, and their school boards will accommodate the request.

The optional diploma exams apply to all schools provincewide. These exams will still take place on the currently scheduled dates.

Students who choose not to write the November diploma exams can still complete their courses and graduate on time. Their final grade will be based entirely on the school-awarded mark provided by their teacher.

Choosing not to write the November diploma exams will not affect a student’s ability to apply to, be accepted by, or attend post-secondary institutions after graduation.

No changes have been made to the January and June diplomas and provincial achievement tests.

Quick facts

  • Students are automatically exempted from writing the November diploma exams but can request to write them.
  • School boards must allow the student to write the diploma exam if requested.

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Alberta

Alberta taxpayers should know how much their municipal governments spend

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From the Fraser Institute

By Tegan Hill and Austin Thompson

Next week, voters across Alberta will go to the polls to elect their local governments. Of course, while the issues vary depending on the city, town or district, all municipal governments spend taxpayer money.

And according to a recent study, Grande Prairie County and Red Deer County were among Alberta’s highest-spending municipalities (on a per-person basis) in 2023 (the latest year of comparable data). Kara Westerlund, president of the Rural Municipalities of Alberta, said that’s no surprise—arguing that it’s expensive to serve a small number of residents spread over large areas.

That challenge is real. In rural areas, fewer people share the cost of roads, parks and emergency services. But high spending isn’t inevitable. Some rural municipalities managed to spend far less, demonstrating that local choices about what services to provide, and how to deliver them, matter.

Consider the contrast in spending levels among rural counties. In 2023, Grande Prairie County and Red Deer County spent $5,413 and $4,619 per person, respectively. Foothills County, by comparison, spent just $2,570 per person. All three counties have relatively low population densities (fewer than seven residents per square kilometre) yet their per-person spending varies widely. (In case you’re wondering, Calgary spent $3,144 and Edmonton spent $3,241.)

Some of that variation reflects differences in the cost of similar services. For example, all three counties provide fire protection but in 2023 this service cost $56.95 per person in Grande Prairie County, $38.51 in Red Deer County and $10.32 in Foothills County. Other spending differences reflect not just how much is spent, but whether a service is offered at all. For instance, in 2023 Grande Prairie County recorded $46,283 in daycare spending, while Red Deer County and Foothills County had none.

Put simply, population density alone simply doesn’t explain why some municipalities spend more than others. Much depends on the choices municipal governments make and how efficiently they deliver services.

Westerlund also dismissed comparisons showing that some counties spend more per person than nearby towns and cities, calling them “apples to oranges.” It’s true that rural municipalities and cities differ—but that doesn’t make comparisons meaningless. After all, whether apples are a good deal depends on the price of other fruit, and a savvy shopper might switch to oranges if they offer better value. In the same way, comparing municipal spending—across all types of communities—helps Albertans judge whether they get good value for their tax dollars.

Every municipality offers a different mix of services and those choices come with different price tags. Consider three nearby municipalities: in 2023, Rockyview County spent $3,419 per person, Calgary spent $3,144 and Airdrie spent $2,187. These differences reflect real trade-offs in the scope, quality and cost of local services. Albertans should decide for themselves which mix of local services best suits their needs—but they can’t do that without clear data on what those services actually cost.

A big municipal tax bill isn’t an inevitable consequence of rural living. How much gets spent in each Alberta municipality depends greatly on the choices made by the mayors, reeves and councillors Albertans will elect next week. And for Albertans to determine whether or not they get good value for their local tax dollars, they must know how much their municipality is spending.

Tegan Hill

Director, Alberta Policy, Fraser Institute

Austin Thompson

Senior Policy Analyst, Fraser Institute
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