ASIRT says use of force justified in 2020 Blairmore shooting

By Alejandra Pulido-Guzman - Lethbridge Herald on November 19, 2022.

LETHBRIDGE HERALDapulido@lethbridgeherald.com

The Alberta Serious Incident Response Team (ASIRT) completed an investigation into an incident that took place in February 2020 and has released the executive director’s full report.

ASIRT executive director Michael Ewenson states in his report that ASIRT investigated the circumstances surrounding the death of a 30-year-old individual, who was shot in Blairmore during an interaction with officers from the Royal Canadian Mounted Police on Feb. 11, 2020. As a part of ASIRT’s investigation, two officers from the RCMP Crowsnest Pass detachment were designated as subject officers, with notice provided to each.

The report states that ASIRT, with the assistance of the RCMP Forensic Identification Services and the Calgary Police Service Forensic Crime Scenes Unit, interviewed all relevant police and civilian witnesses, conducted a scene examination of the incident location, documented all exhibits seized, and attended the autopsy of the individual.

The report also indicates that video footage relevant to the incident was obtained and analyzed by ASIRT investigators along with recorded audio of communications which occurred prior to and during the incident.

“While under no obligation to do so, both subject officers provided a statement to ASIRT investigators for use during the investigation. Evidence directly from the subject officers is often invaluable in cases such as this, as it can assist both with the factual determination of what occurred and provide evidence of the subjective beliefs and perceptions of the subject officers,” states Ewenson in his report.

In his conclusion Ewenson indicates that on Feb. 11, 2020, the officers decided to conduct a high-risk stop of a vehicle operated by the individual involved. In response, he drove his vehicle and almost ran over or crushed one of the officers.

The report indicates that at this point the other officer began to discharge his firearm at the affected person. Shortly after and while the affected person was driving around the police vehicle, the officer who was previously almost ran over also began to discharge his firearm at the driver.

“Many of these gunshots hit the affected person or his vehicle and he was killed. The subject officers were in a dynamic situation where both of their lives were in danger. They responded with lethal force over a period of less than 36 seconds,” says Ewanson in his conclusion.

The report continues, indicating that given the threat posed by the driver, the use of force by both subject officers was proportionate, necessary, and reasonable. The defence available to police officers, under section 25 of the Criminal Code, and the defence available to anyone, under section 34, would therefore apply to their actions.

“For these reasons, there are no reasonable grounds to believe either of the subject officers committed a criminal offence,” concludes Ewenson.

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