Jago was found dead a short time later near a pile of .223-calibre rifle casings. The officers fired a total 26 rounds in the first firefight
ASIRT assistant executive director Matthew Block concluded the officers who shot at Grey were justified under Sections 25 and 34 of the Criminal Code, which deals with police use of force and self-defence, respectively.
“There is no doubt that when (Grey) started shooting in the direction of the officers, he intended to kill or grievously harm them,” Block wrote, noting that by that point, Grey had already killed a police dog named Jago.
“Their response of gunfire was proportionate. It was also necessary since (Grey) first waited to ambush them and then attempted to sneak up on them. Any other response would have exposed them to a serious risk of death.”
The 2021 manhunt began after an RCMP officer tried to arrest Grey on outstanding warrants. Grey, who was from Gift Lake Metis Settlement, sped off in a red Cadillac. Four officers eventually found the vehicle beneath a tarp near a dense, swampy forest.
The officers began to track Grey with Jago, who found a bag on a road containing items marked with Grey’s name and three types of ammunition. After two hours of tracking through the woods, an officer heard a crashing sound. Jago charged forward, then hit the end of his line. The dog handler dropped the line and ordered Jago to find the person.
“(The officer) then heard rapid gunfire from a high-powered rifle, and a scream from the dog,” Block wrote. One officer saw Grey about 30 yards ahead with an assault rifle. He ordered him to drop the weapon. When Grey raised the rifle, the officer fired four to six shots. Grey fled.
The officers took cover, fearing they might be ambushed. Grey reappeared a short time later. Two other officers fired nearly 20 shots at Grey, who again ran off.
Jago was found dead a short time later near a pile of .223-calibre rifle casings. The officers fired a total of 26 rounds in the first firefight.
The next morning, RCMP tactical officers set out again on Grey’s trail. All officers were told to use lethal force unless Grey was in an act of surrender. After an hour in the woods, the officers spotted Grey less than 100 metres away. When Grey did not respond to commands to surrender, the officers opened fire. Grey disappeared, though it was unclear whether he was hit. Police fired at least eight rounds during the second encounter.
Later that morning, two Mounties on a shift change spotted Grey sitting in a ditch along Range Road 170. When they demanded Grey surrender, Grey ran into the trees carrying what one officer described as an AR-15-style rifle. The officers fired at him with a carbine and a handgun. Grey fell to the ground and cried out that he had been shot.
Paramedics eventually arrived and declared Grey dead at the scene. A loaded semi-automatic Mossberg .22-calibre rifle was found near his body. Police fired around 10 rounds during the final firefight.
An autopsy found Grey had been shot six times and had methamphetamine in his system at the time of death.
In his report, Block noted that Section 25 of the Criminal Code permits officers to use as much force as necessary in the execution of their duties.
“Where this force is intended or is likely to cause death or grievous bodily harm, the officer must believe on reasonable grounds that the force is necessary for the self-preservation of the officer or preservation of anyone under that officer’s protection,” he wrote.
Block said the officers’ met that criteria and were also likely entitled to defend themselves under Section 34.
“There are therefore no reasonable grounds to believe that the subject officers committed any offences,” he said.
Jago had been an RCMP dog for four years at the time of his death and was assigned to handler Cpl. Scott Macleod, RCMP said at the time.