VALLEYVIEW, ALTA. – Alberta’s police watchdog says there were reasonable grounds to believe an RCMP officer committed an offence during a 2023 arrest near Valleyview, but no charges will be laid after the Alberta Crown Prosecution Service concluded there was not a reasonable likelihood of conviction.
The decision, released August 19 by the Alberta Serious Incident Response Team (ASIRT), stems from an investigation into an arrest on Oct. 29, 2023.
It followed a high-speed pursuit involving a driver accused of dangerous driving and fleeing police.
According to ASIRT, an RCMP officer attempted to stop a vehicle reported to be travelling at high speed and involved in a road-rage incident in which rocks were allegedly thrown at another motorist’s windshield.
When the driver failed to stop, the officer initiated a pursuit that continued along rural roads near Valleyview.
Investigators reviewed dash-camera video that captured the entire incident. The footage showed the officer deploying pepper spray through the driver’s-side window while pointing a service pistol at the driver.
The video also showed the officer opening the vehicle door, attempting to remove the driver and later bringing him to the ground during a struggle.
Investigators said the officer appeared to strike the driver during the altercation before eventually gaining control and handcuffing him.
ASIRT found two aspects of the officer’s conduct particularly concerning. Investigators concluded the officer briefly pointed a service pistol at the back of the driver’s head while the man was prone on the ground and under a significant degree of control.
Investigators also found the officer later placed his foot on the man’s head or neck area while directing a passenger to exit the vehicle. At the time, the man was handcuffed and lying face down on the ground.
The affected person suffered a facial contusion and two scalp lacerations that required stitches, according to medical records reviewed by ASIRT.
In its analysis, ASIRT stated that pointing a firearm at a person’s head is “an inherently dangerous act” and found the action was neither reasonably necessary nor proportionate under the circumstances.
Investigators also noted that force applied to the head or neck area “will rarely be justified,” especially when a person is already restrained.
ASIRT further identified discrepancies between the officer’s account and the video evidence. The agency said the officer did not report pointing his firearm at the back of the man’s head or stepping on the man’s head or neck area, among other omissions.
As a result of its investigation, ASIRT concluded there were reasonable grounds to believe an offence had been committed and referred the matter to the Alberta Crown Prosecution Service on Oct. 24, 2024.
However, in an opinion delivered June 10, 2026, Crown prosecutors determined charges should not proceed.
ASIRT noted that investigators and prosecutors apply different legal standards, with prosecutors assessing whether there is a reasonable likelihood of conviction and whether a prosecution would be in the public interest.
“In this case, while ASIRT found reasonable grounds to believe an offence had been committed, for the reasons provided in their opinion, the ACPS did not recommend that charges be laid,” the decision states.
ASIRT Executive Director Matthew Block concluded that, in accordance with the Crown opinion, no charges will be laid against the officer.