RCMP officer acted reasonably in shooting incident: ASIRT

RCMP 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.

Lloyd Lewis

www.todayville.com

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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Danielle Smith warns Trudeau gov’t she’s going ahead with natural gas projects despite regulations

Published on November 30, 2023

Todayville

From LifeSiteNews

By Anthony Murdoch

‘We’re not going to sit and wait while they break the law, drag their feet, make us take them to court, spend years creating economic uncertainty for our investors’

After Environment Minister Steven Guilbeault brushed off Alberta Premier Danielle Smith’s invocation of the “Sovereignty Act” as being merely “symbolic,” the Alberta leader warned him that her province will be building new gas-fired power plants regardless of his new “clean energy” rules.

“Well, he [Guilbeault] will learn that if he does not back down from his outrageous and unconstitutional targets of 2035, it’ll be more than symbolic,” said Smith Tuesday after being asked by a reporter about Guilbeault’s comments.

“We’ll proceed with developing our baseload power on natural gas with the best available technology.”

Smith said that the use of the Sovereignty Act, which was invoked on Monday for the purpose of shielding Alberta from future power blackouts due to federal government overreach, will help the province “make sure that we are able to shield any corporation from any kind of criminal liability.”

“Whether that means that we have to de-risk it by being the generator of last resort or we have to purchase some of those plants so that we operate them ourselves, so that we’re able to continue on with having a reliable power grid,” she said.

The Sovereignty Act resolution calls on Alberta’s cabinet to “order all provincial entities not to recognize the constitutional validity of, enforce, nor cooperate in the implementation of the CERs [Clean Electricity Regulations] in any manner, to the extent legally permissible.”

Guilbeault on Monday came out with a statement concerning Alberta’s invocation of the Sovereignty Act, claiming that its use will “create fear and uncertainty over collaboration and positive results for Albertans.”

He also later claimed while speaking to reporters that Smith’s action using the Sovereignty Act is just “symbolic.”

Unlike most provinces in Canada, Alberta’s electricity industry is nearly fully deregulated. However, the government still has the ability to take control of it at a moment’s notice.

A draft version of the federal government’s CERs introduced by Guilbeault projects billions in higher costs associated with a so-called “green” power transition, especially in the resource-rich provinces of Alberta, Saskatchewan, New Brunswick, and Nova Scotia, which use natural gas and coal to fuel power plants.

Business executives in Alberta’s energy sector have also sounded the alarm over the Trudeau government’s “green” transition, saying it could lead to unreliability in the power grid.

‘We’re not going to sit and wait while they break the law’

While speaking to reporters Tuesday, Smith noted how Alberta will proceed with ensuring its power grid is stable and secure, and that the province will not “sit and wait” around for the Trudeau government to continue breaking “the law.”

“So, there’s this is just the indication that we’re moving on this. We’re not going to sit and wait while they break the law, drag their feet, make us take them to court, spend years creating economic uncertainty for our investors,” said Smith.

“We’re going to start commissioning those plants now because we need them now.”

The Smith government said that while it does not like the route of taking back power production under state control, it says this is the only way the province can keep the current Liberal government, or any other future government, from interfering in provincial power production.

Two recent court rulings dealt a serious blow to the Trudeau government’s environmental activism via legislation. The most recent was when the Federal Court of Canada on November 16, 2023, overturned the Trudeau government’s ban on single-use plastic, calling it “unreasonable and unconstitutional.”

The Federal Court ruled in favor of the provinces of Alberta and Saskatchewan by stating that Trudeau’s government had overstepped its authority by classifying plastic as “toxic” as well as banning all single-use plastic items, like straws, bags, and eating utensils.

The second victory for Alberta and Saskatchewan concerns a Supreme Court ruling that stated that Trudeau’s law, C-69, dubbed the “no-more pipelines” bill, is “mostly unconstitutional.” The decision returned authority over the pipelines to provincial governments, meaning oil and gas projects headed up by the provinces should be allowed to proceed without federal intrusion.

The Sovereignty Act resolution calls on Alberta’s cabinet to “order all provincial entities not to recognize the constitutional validity of, enforce, nor cooperate in the implementation of the CERs in any manner, to the extent legally permissible.”

It also orders that the province investigate the “feasibility of establishing a provincial Crown corporation for the purpose of bringing and maintaining more reliable and affordable electricity onto the grid in the event that private generators find it too risky to do so under the CERs.”

The Trudeau government’s current environmental goals – in lockstep with the United Nations’ “2030 Agenda for Sustainable Development” – include phasing out coal-fired power plants, reducing fertilizer usage, and curbing natural gas use over the coming decades.

The reduction and eventual elimination of the use of so-called “fossil fuels” and a transition to unreliable “green” energy has also been pushed by the World Economic Forum (WEF) – the globalist group behind the socialist “Great Reset” agenda – an organization in which Trudeau and some of his cabinet are involved.

Alberta

Alberta’s projected surplus balloons: Mid-year budget update

Published on November 30, 2023

Government of Alberta

Mid-year update: Keeping Alberta’s finances on track

Alberta’s government continues to manage the province’s finances responsibly with the future in mind.

Alberta continues to lead the nation in economic growth and is forecasting a surplus of $5.5 billion in 2023-24, an increase of $3.2 billion from Budget 2023. The province’s fiscal outlook continued to improve in the second quarter of 2023-24, boosted by strong bitumen royalties and higher income tax revenues.

However, volatile oil prices, continued inflation challenges and uncertainty due to slowing global growth could still affect the province’s finances going forward. Debt servicing costs will be higher than previous years due to higher interest rates, reinforcing the importance of the government’s commitment to balance the budget.

“Alberta continues to stand out as a leader when it comes to fiscal stability and economic resilience in the midst of so much global uncertainty. Our second-quarter fiscal update is another positive report, showing strength in Alberta’s finances and economy and positioning us for future growth and prosperity.”

Nate Horner, President of Treasury Board and Minister of Finance

The government continues to spend responsibly, maintaining its commitment to keep funds in the province’s contingency for disasters and emergencies. The government’s new fiscal framework requires the government to use at least half of available surplus cash to pay down debt, freeing up money that can support the needs of Albertans for generations. The government continues to reduce the province’s debt burden and will pay down a forecasted $3.2 billion in debt this fiscal year.

Alberta’s government is turning its focus to developing next year’s budget, so it supports Albertans’ needs and the province’s economic growth while maintaining the government’s commitment to responsible spending within the fiscal framework. Budget 2024 consultations are open and Albertans are encouraged to share their feedback to help set the province’s financial priorities.

Revenue

Revenue for 2023-24 is forecast at $74.3 billion, a $3.7-billion increase from Budget 2023. The increase is due to increases across different revenue streams. In addition, the price of West Texas Intermediate (WTI) oil is forecast to average US$79 per barrel over the course of the fiscal year, in line with the Budget 2023 forecast.
- Personal and corporate income tax revenue is forecast at $21.8 billion, $1.8 billion higher than at budget.
- Bitumen royalties are forecast at $14.4 billion, an increase of $1.8 billion from budget.
- Overall resource revenue is forecast at $19.7 billion, $1.3 billion higher than the budget forecast.
Beginning in 2024, Alberta’s government will continue to offer fuel tax relief when oil prices are high, even as the province transitions back to the original fuel tax relief program, which is based on average quarterly oil prices.
- Albertans will save some or all of the provincial fuel tax on gasoline and diesel when oil prices are $80 per barrel or higher during each quarter’s review period.
- Although oil prices have been below $80 in recent weeks, Albertans will continue to save at least four cents per litre on the provincial fuel tax in the first three months of 2024 as the tax is phased back in.
- The government’s fuel tax relief efforts, which include the pause to the end of 2023 and additional savings over the first three months of 2024, are forecast to reduce other tax revenue by $524 million in 2023-24.

Expense

Expense for 2023-24 is forecast at $68.8 billion, a $481-million increase from Budget 2023.
Capital grants are up marginally from Budget 2023, but down from the first-quarter forecast, mainly due to funding schedules for Calgary and Edmonton LRT projects.
Debt servicing costs are forecast to increase $309 million from budget, a reflection of ongoing high interest rates and inflation.
Total expense has increased by $1.9 billion, $0.5 billion is directly offset by revenue and $1.4 billion is absorbed by the $1.5-billion contingency.
In total, $123 million of the 2023-24 contingency remains unallocated.
$1.2 billion in disaster and emergency costs are forecast for the current fiscal year.
- $750 million for fighting wildfires in the province
- $165 million for AgriRecovery to support livestock producers affected by dry conditions
- $253 million to provide financial assistance to communities for uninsurable damage from spring wildfires and summer flooding
- $61 million for evacuation and other support
The operating expense forecast has increased by $319 million, including an additional:
- $301 million for Health
- $48 million for Advanced Education
- $48 million for Energy and Minerals
- $33 million for Mental Health and Addiction
- $30 million for Education
- $14 million for Indigenous Relations
- Offset by decreases of $187 million for lower-than-expected program take-up of affordability payments and re-profiling of TIER spending to 2024-25.

Alberta Heritage Savings Trust Fund

The Alberta Heritage Savings Trust Fund’s market value on Sept. 30, 2023, was $21.4 billion, up from the $21.2 billion reported at March 31, 2023.
- The Heritage Fund returned 0.9 per cent over the first six months of 2023-24.
- Over the five-year period ending on Sept. 30, 2023, the Heritage Fund returned 5.9 per cent, which is 0.5 per cent above the return of its passive benchmark. While the Heritage Fund is outperforming its benchmark return, it is below the long-term real return target of 6.9 per cent, again a result of interest pressures.
- The Heritage Fund generated net investment income of $1 billion in the first half of the fiscal year.

Economic outlook

Alberta’s economy continues to be resilient, with continued growth projected over the three-year forecast.
Alberta’s real gross domestic product (GDP) is expected to grow 2.8 per cent in 2023, in line with the Budget 2023 forecast.
Despite interest rate increases, high prices and slower global economic growth, Alberta’s economy is forecast to keep expanding. The pace of growth, however, will be slower compared with the last two years when the province was recovering from the pandemic.

Alberta Fund

The amount of surplus cash available for debt repayment and the Alberta Fund is determined after a number of required cash adjustments have been made. For 2023-24, this includes $5.1 billion from the 2022-23 final results to start the year.

The Alberta Fund contribution for 2023-24 is forecast at $1.6 billion.
Money in the Alberta Fund can be used toward additional debt repayment, the Heritage Savings Trust Fund, or one-time initiatives that do not permanently increase government spending.