Edmonton police acted reasonably in 2022 shooting that killed innocent man: police watchdog

James Hanna poses in this undated handout photo. Hanna, a 59-year-old Metis man from Athabasca, was killed after a stray bullet struck him in his apartment in north-central Edmonton while police were shooting at a suspect in an armed robbery. (Photo: Susan Bandola)

Alberta's police watchdog has cleared three Edmonton police officers in the death of James Hanna in his apartment in 2022.

Hanna was shot and killed by police during the attempted arrest of an armed robber.

According to the Alberta Serious Incident Response Team (ASIRT), officers were called to an armed robbery at a liquor store on 113 Street and 104 Avenue on the evening of Feb. 23.

The robber, who was carrying what looked like a shotgun, had fled the scene and was found near a bus shelter on 104 Street and 107 Avenue shortly after.

Police tried to arrest him, but a chase ensued. At one point, ASIRT said the robber pointed the gun at officers.

Three officers fired multiple rounds at the robber. He was hit 12 times and killed.

Seven bullets hit the building behind him, including multiple rounds into a ground-floor apartment. Inside that apartment, officers found Hanna slumped in a chair.

He had been shot once in the chest and he died in hospital shortly after.

ASIRT said it is unclear which officer shot Hanna, or if the bullet was errant or if it had passed through the robber.

• Download the CTV News App for breaking news alerts on all the top Edmonton stories 

While the robber's gun was later found to be a BB gun, ASIRT said officers were reasonable to believe it was a real firearm.

The agency found the use of force by all officers to be reasonable, proportionate and necessary.

At the time of the shooting, Hanna's sister called it "gross negligence."

Charges of criminal negligence causing death were considered as part of the investigation, ASIRT said, but it does not believe the officers' actions met the threshold.

"To commit this offence the Supreme Court of Canada has found that the conduct of the person must be a marked and substantial departure from what a reasonably prudent person would do under the circumstances," the report read.

"The officers were faced with (the robber), who had stopped running and turned and pointed the apparent firearm at them. In response, they made the decision to shoot at (him) to protect themselves.

"A police officer’s use of force, in law, is not to be assessed on a standard of perfection nor using the benefit of hindsight and the opportunity to consider alternatives with the luxury of time, recognizing the exigencies of the circumstances and the decisions and reactions that must occur in split seconds."

ASIRT said any questions over whether policy or training changes could have prevented the civilian man's death would have to be examined through a different inquiry.