ASIRT clears police dog handler in Samson Cree Nation bite injury

ASIRT: Although subject suffered a 'significant injury' it was the 'unfortunate and unintended consequence of a lawful use of force'

The Alberta Serious Incident Response Team (ASIRT) has concluded that the use of a police service dog to locate a high risk offender in Samson Cree Nation two years ago was reasonable and the officer involved didn't commit an offence. 

The man who was bitten sustained a significant injury to his upper inner right thigh which required multiple surgeries to repair and close and spent nearly two weeks in hospital.

ASIRT Executive Director Michael Ewenson's decision was released on Nov. 28, 2024. 

"While the use of the (police service dog) did result in (the affected person) suffering a significant injury, this was an unfortunate and unintended consequence of a lawful use of force," said Ewenson in the report. 

"There is no evidence to support any belief that (the officer) engaged in any unlawful or unreasonable conduct that would give rise to a criminal offence."

On Sept. 11, 2022 at around 9 p.m., a home owner in Samson Cree Nation reported to police that there was an unwelcome person at their residence. 

The person had several outstanding warrants for violent offences including robbery with a firearm and was a person of interest in a recent homicide. He was also believed to be in possession of a shotgun. 

When a Maskwacis RCMP police officer arrived, they were told the man had left about 15 minutes ago and had headed east but may still be nearby. 

Because of the man's alleged violent offences, a police service dog was requested. 

The RCMP police service dog handler and his canine arrived at about 9:50 p.m,. and along with two other officers, began tracking the subject. 

The handler stated he used a 50-feet line to allow the a greater amount of security and to give the dog room to move. The dog immediately began to track the subject and located him quickly, about 150 metres away. 

It was dark and the brush was dense, so they didn't immediately spot the suspect. They could hear him speaking but couldn't make out his words. 

A flashlight was used and the officers moved towards the suspect. The police dog had initiated a bite without a command, and seeing a duffle bag within reach of the subject, the handler waited until the man was handcuffed until he had the dog release its bite on the man's leg.

A large hunting knife was later found inside the bag. 

When the subject was interviewed by ASIRT, he stated he'd decided to sleep in the brush and woke up to a dog biting him. He stated he immediately sat up saying, "I'm here, I'm here," with his hands up. According to the man, the dog had a grip on his leg for a minute or two before police arrived and handcuffed him.

The handler said due to a feeling of "anti-police sentiment" in the area, the suspect was driven to the Maskwacis RCMP detachment where they were met by EMS and the subject was taken to hospital. 

"After a thorough, independent and objective investigation into the conduct of subject officer, it is my opinion that he was lawfully placed and acting properly in the execution of his duties," Ewenson said.