ASIRT clears RCMP officer after 2022 Elizabeth Métis Settlement UTV pursuit

ASIRT has cleared an RCMP officer who fired four shots during a fast-moving arrest attempt on the Elizabeth Métis Settlement on 8 Nov 2022, ruling the force used was proportionate, necessary and reasonable.

Call about rifle threat leads to chase

Cold Lake RCMP were called to the settlement for a report that a man had pointed a rifle at a civilian, then fled on a suspected stolen side-by-side UTV. Two officers in an unmarked police vehicle (WO1 and WO2) found the suspect at a home. When he ran to the UTV and tried to bolt, WO1 twice struck the machine with his truck in an effort to disable it. The UTV pushed into deep snow and trees where it became stuck.

With the UTV rocking back and forth in attempts to break free, officers approached on foot. WO2 fired two less-lethal Extended Range Impact Weapon (ERIW) rounds that broke the driver’s window and struck the suspect, but did not immediately stop him. The subject officer (SO) then fired four pistol rounds into the driver’s door. None hit the suspect. The man stopped trying to flee and was arrested without further incident.

Sawed-off rifle recovered within reach

A search of the UTV found a sawed-off .22 calibre rifle with a pistol grip beside the driver’s seat. The chamber was empty, the safety was off, and the magazine held eight live rounds. Officers also seized two knives from the suspect.

Paramedics took the man to Cold Lake hospital where a doctor noted a welt to his left ribs and a bruise to his right forearm consistent with impact-munition strikes. No gunshot wounds were found.

Sawed off shotgun – Elizabeth ASIRT 2022

AP Rifle, once seized by police and in full view

What the suspect and witnesses told ASIRT

The affected person (AP) told investigators he had found the already-stolen UTV the night before and wired it to start. He said he retrieved the rifle from a family member’s shed to go hunting, denied pointing it at the civilian, and claimed he never reached for the gun during the escape. He said he heard shots, felt pain, and surrendered.

The civilian witness reported the opposite, telling ASIRT the AP pulled a sawed-off rifle from his jacket, threatened to shoot him, and then drove off. Officers involved described the UTV surging and bouncing in deep snow with police within a few metres of the driver’s side.

Video shows seconds-long window for decisions

In-car video from WO1’s police vehicle captured the collision with the UTV, the push into the trees, and the officers closing in. ASIRT notes about 27 seconds elapsed from the UTV entering the trees to the SO appearing to fire, and roughly 10 seconds from a brief stop to the shots.

WO1 driving his police vehicle into the UTV

AP driving the UTV into the trees

Three officrs in the trees near the UTV

Location when UTV finally came to a stop

Why the shooting was justified

ASIRT applied sections 25 and 34 of the Criminal Code, which allow police to use necessary force in the execution of their duties and to act in defence of themselves or others. Investigators found:

• The officers were lawfully on the rural property after reports of a firearm threat and a stolen UTV

• The UTV’s aggressive, close-quarters movement in the trees created an immediate risk of grievous bodily harm or death to officers on foot

• Less-lethal options had been tried and did not stop the threat

• Firing at the driver’s door to stop the advance was within a range of reasonable responses

ASIRT concluded there are no grounds to believe an offence was committed by the subject officer.

Name of the person involved

ASIRT’s public report does not identify the affected person. No death occurred in this incident.