Alberta Crown won't prosecute three Calgary police officers despite ASIRT finding reasonable grounds

Three Calgary police officers will not face criminal charges following an investigation into their use of force during a 2018 arrest on 69 Avenue SE, despite the Alberta Serious Incident Response Team finding there were reasonable grounds to believe an offence was committed.

The incident occurred on June 8, 2018, when four members of the CPS Tactical Unit approached a man who was wanted on outstanding warrants and had a history of violence and weapons-related offences. Using unmarked vehicles, the officers exited, announced themselves as police, and directed the man to get on the ground. The man claimed the officers did not identify themselves as police and fled on foot, allegedly out of fear for his safety. He jumped over a nearby fence, landing badly from a fall of about seven feet.

After regaining his footing, the man continued running. Another officer approached him in an unmarked vehicle. While the man alleged he was struck by the vehicle, none of the officers or interviewed witnesses saw the vehicle make contact with him. Two officers then attempted to arrest him, and a struggle ensued. The first officer struck the man's lower left side and applied pressure to his head and eye area; the second officer delivered multiple strikes to the man's leg and abdomen before handcuffing him.

Tactical Emergency Medical Services attended the scene, and the man declined a medical assessment at that time. He was transported to the police detachment and formally arrested. After seeking legal counsel, he requested medical attention and was transported to Foothills Hospital, where a cast was applied to his right arm.

The man alleged he did not resist arrest but was still struck, and that officers directed racial and derogatory comments toward him. He also claimed he requested an ambulance but was denied. Witness statements were found to be more consistent with the officers' accounts of the incident.

ASIRT's investigation found reasonable grounds to believe an offence was committed. Per the Police Act, the matter was referred to the Alberta Crown Prosecution Service for a recommendation on whether charges should be laid. ACPS did not recommend charges. The two bodies apply different standards: ASIRT uses a Criminal Code standard determining whether reasonable grounds exist that an offence was committed; ACPS's standard is based on whether evidence presents a reasonable likelihood of conviction and whether prosecution is in the public interest.