RCMP cleared of shooting on Cold Lake First Nation

The third of three investigations of RCMP-involved shootings of Indigenous men in August 2013 has concluded in the same manner as the first two: no wrong-doing on the part of the RCMP.

The Alberta Serious Incident Response Team has determined that the RCMP officer, who shot and killed Daniel Charland, 52, in a residence on the Cold Lake First Nation, had used force “reasonable in the circumstances.” The incident occurred Aug. 15, 2013.

ASIRT executive director Susan Hughson released the findings on May 22 in Cold Lake.

Hughson said that over a number of years, Charland “had made it clear (to family members and residents) that he would not allow himself to be arrested, that he would not and could not go back to prison, and that he would either kill himself or provoke a situation that would result in his being killed.”

The ASIRT investigation determined that Charland continued to hold that point of view even on the morning of the shooting, as he told a witness “that something was going to happen that day and that he wasn’t sure when but he was going to ‘die today.’ He further stated that this might be the last day he was alive.”

In what Hughson referred to as a “comprehensive, independent and objective investigation,” she outlined the RCMP’s previous attempts to arrest Charland, which began in 2011. At that time, Charland was a fugitive with arrest warrants outstanding for “serious personal injury offences” from British Columbia in 2011 and Cold Lake in 2012 and 2013. Just prior to the Aug. 15, 2013 incident, RCMP had received information alleging that Charland had been involved in a new serious personal injury offence.

Given Charland’s prior record, which included serving a full 10-year sentence for sexual assault, he would have been facing further imprisonment and the possibility of dangerous offender status, which would have resulted into an indeterminate prison term.

The ASIRT investigation determined that when Charland was confronted on Aug. 15, 2013, by RCMP in a family member’s residence he brandished a large knife. He refused to drop it when instructed by an RCMP officer to do so. That officer fired two shots, striking Charland in the chest.

“The entire confrontation took seconds,” stated the ASIRT news release.

An ambulance was immediately called. Charland was transported to hospital but declared dead upon arrival.

“At the time of the execution of the warrant, the officer was lawfully placed and the force used was reasonable in light of the circumstances presented, notwithstanding the tragic consequences of the loss of a life,” said Hughson.

Treaty 6 Grand Chief Bernice Martial, who is also Chief of Cold Lake First Nation, is Charland’s aunt.

“At this time in point because of the confidentiality thing, I will not comment on (ASIRT’s finding),” said Martial. “The decision was made by the family not to comment.”

Charland’s shooting followed two other incidents in which RCMP discharged weapons at Aboriginal men. An ASIRT investigation cleared two Grande Cache RCMP officers, who shot Curtis Hallock in the arm and leg following an incident in the Victor Lake Métis Co-op residential area on Aug. 1, 2013. ASIRT also ruled that the RCMP officer who shot and killed Lance Cutarm and shot and injured Larron Cutarm following a traffic stop near Ma-Me-O Beach on Aug. 3, 2013, “was acting properly in the execution of his duties.”

ASIRT is tasked with effectively, independently, and objectively investigating incidents involving Alberta’s police which have resulted in serious injury or death, as well as serious or sensitive allegations of police misconduct.