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An investigation by the Saskatchewan Serious Incident Response Team (SIRT) has concluded there are no grounds to believe an offence was committed by an RCMP officer when he fired several shots at a man who was advancing towards police with a gun and ignoring commands to stop.
Two RCMP members were immediately dispatched and upon their arrival in the community, they spoke with the community’s emergency response coordinator who told them four individuals were involved in the incident.
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The two RCMP members encountered a group who fled on foot, however, two individuals – a man and a woman – were arrested shortly thereafter.
Those individuals remained in police custody as the incident unfolded, and no firearm was recovered during those arrests. The RCMP members who initially responded began checking residences as several other RCMP members and one member of the Provincial Protection Service arrived in the community to assist with the investigation.
As these additional resources arrived, a gunshot was fired, striking the driver’s side window of a police vehicle, and causing minor injuries to the RCMP member inside.
Police backed out of the area to seek cover and while retreating, one police officer observed a man dressed in black holding a long-barreled firearm. The man, subsequently identified as the affected person, walked south into an open area with a baseball diamond and an outdoor rink. An RCMP vehicle was repositioned in an attempt to light the area where the affected person had been seen.
A short time later, another gunshot was heard coming from the baseball diamond area. An RCMP member deployed a drone and observed the affected person lying face down between the baseball diamond and the rink, with blood around him and a long-barreled firearm beside him. He had sustained a non-fatal self-inflicted shotgun wound to the head.
At approximately 6:32 a.m., the RCMP drone operator saw the man rise to his feet, retrieve the shotgun and walk west towards police.
As he reached the road, an RCMP member used a vehicle loudspeaker to give verbal commands to stop and to drop the firearm. The affected person did not respond to the verbal commands and continued to walk towards police.
At approximately 6:34 a.m., as the man raised the shotgun to his shoulder and aimed towards police, another officer discharged several rounds from his carbine, causing the affected person to fall to the ground.
As he was lying on the ground, the affected person attempted to reach for the firearm again, and at approximately 6:35 a.m., the subject officer fired a second volley of shots.
RCMP members provided first aid until EMS arrived. EMS provided care to the man before he was pronounced deceased at the scene.
Analysis
SIRT’s investigation included interviews with both police and civilian witnesses; a scene examination; and all relevant audio, video, and documentary evidence was seized.
Audio recordings seized during the investigation captured the RCMP radio communications during the incident, as well as the numerous calls for service received by the RCMP prior to the incident.
“The totality of the affected person’s actions both prior to the incident, which included the discharge of a shotgun at a residence and the killing of a dog, and during the incident, which included the discharge of the shotgun at police vehicle, created an objectively reasonable perception of a risk of death or grievous bodily harm to the involved police officers as the incident unfolded.”
Under section 25 of the Criminal Code, a police officer is authorized to use as much force as necessary in the lawful execution of their duties. This can include force that is intended or likely to cause death or grievous bodily harm, when the officer reasonably believes that such force is necessary to defend themselves or someone under their protection from death or grievous bodily harm.
“As such, the Subject Officer’s response to this reasonably perceived lethal threat was both proportionate and necessary.”
The SIRT report also stated that while the motivation underlying the affected person’s actions is unknown, when considering the gravity of the threat, there was no realistic ability to rely on a lesser degree of force.
