The Alberta Serious Incident Response Team (ASIRT) says a Mountie acted properly when he shot and killed a man who pointed a weapon at him.The incident unfolded during an interaction with the affected person (AP), who was suspected of wielding a firearm following a complaint.According to the findings, the events leading to the fatal encounter began on December 1, 2022, when Maskwacis RCMP received a distress call reporting AP's involvement in an alarming incident. AP, allegedly intoxicated and armed, had reportedly left a residence after discharging a firearm. Responding to the call, two RCMP officers encountered AP walking on the road, brandishing a rifle.Witness officer (WO) positioned his marked police vehicle as AP approached, with the rifle aimed at the vehicle and WO seated inside. WO exited his vehicle with his carbine rifle, positioning himself at the rear while AP maintained a threatening posture. Shortly after, the subject officer (SO) arrived on the scene from the opposite direction.As SO confronted AP, the situation escalated when AP directed the rifle barrel towards SO. Despite repeated verbal commands to drop the firearm, AP persisted, ultimately pointing the rifle directly at SO.In response, SO discharged multiple rounds, striking AP and causing him to fall. Although AP initially survived the shooting and underwent emergency surgery at an Edmonton hospital, he succumbed to his injuries the following day.The use of force employed by the subject officer was scrutinized under the legal framework provided by Section 25 of the Criminal Code. This section permits officers to use force necessary for the execution of their duties, particularly in situations where such force may result in death or grievous bodily harm.In this instance, ASIRT deemed the subject officer's response as proportionate, given the imminent threat posed by AP wielding a firearm. Furthermore, ASIRT concluded that the use of lethal force by the officer was both necessary and reasonable, considering the circumstances at the time of the encounter.In conclusion, ASIRT found no evidence to suggest unlawful or unreasonable conduct on the part of the subject officer. The force used was deemed lawful, proportionate and justified under the circumstances.
