Alberta watchdog taking over investigation of fatal New Year's Eve shooting by Winnipeg police

Manitoba's police watchdog is tapping its Alberta-based counterpart to take over the investigation into the fatal police shooting of a 19-year-old international student to avoid "any perceived conflict of interest."

The Independent Investigation Unit of Manitoba has asked the Alberta Serious Incident Response Team to assume responsibility for the investigation into the death of Afolabi Stephen Opaso, who was shot and killed by Winnipeg police responding to a well-being call on Dec. 31.

IIU civilian director Roxanne Gagné recommended an out-of-province agency take over to avoid any potential perceived conflict of interest, because a Manitoba Justice employee is a "close relative" of an officer involved in the shooting.

There are "no concerns over the professionalism and integrity of the work done by IIU investigators," the Manitoba police watchdog said in a Wednesday news release. 

But "considering the relationship of the persons involved, it was concluded that the appointment of an outside agency for this investigation is important to preserve the integrity of the investigative process," reads the statement from the IIU, which investigates all serious incidents involving police in Manitoba.

Manitoba's justice minister signed off on the move, the investigative unit said.

Opaso, a Nigerian studying at the University of Manitoba, was shot by police and rushed to hospital but died on the afternoon of Dec. 31.

Police had gone to an apartment suite on University Crescent after a report was made about a man who was behaving erratically and was possibly armed, the Winnipeg Police Service previously said.

When officers arrived, they found Opaso armed with two knives and shot him, Winnipeg police Chief Danny Smyth said at a Jan. 1 news conference. There were two other people in the suite at the time.

The case was forwarded to Manitoba's police watchdog agency.

In the immediate aftermath, a lawyer representing Opaso's family questioned whether the use of lethal force by police was necessary.

This week, the lawyer and the Red Coalition, a Montreal-based anti-racism lobby group that has spoken out in cases of alleged racial profiling, issued a public statement on behalf of Opaso's parents.

The Opasos called the shooting a "grave injustice" that underscores the need for changes to how police respond to calls involving people experiencing mental distress.

Alain Babineau, the director of racial profiling and public safety with the Red Coalition, welcomed the news that the IIU was handing the investigation off to an outside agency.

But it doesn't make a finding of wrongdoing against the officers involved any more likely, he said.

"We'll see what happens at the end of this investigation, but typically, very, very, very seldom are charges laid in similar cases," he said.

A former staff sergeant with the RCMP, Babineau said the Criminal Code's broad interpretation of when police can use lethal force leads to an "extremely high" threshold for oversight bodies and Crown prosecutors to lay charges with any reasonable likelihood of securing a conviction.

Whatever the outcome of the investigation into Opaso's death, Babineau said transparency is the key.

"I think the first stage of justice is getting a fair and transparent investigation," he said.

"And I think the release of … the final report, regardless of whether charges are laid or not, would also provide added solace, if you will, or at least added justice to the process."