Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.

Special Investigations Unit Act, 2019

Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following: 

Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.

A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.

In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.

This report relates to the SIU’s investigation into the serious injuries a 68-year-old man (the “Complainant”) reportedly suffered during an interaction with police.

Notification of the SIU

On March 19, 2021, at about 8:07 a.m., the Toronto Police Service (TPS) contacted the SIU and reported the following.

On March 18, 2021, TPS officers were dispatched to assist Toronto Community Housing Corporation (TCHC) staff and Emergency Medical Services (EMS) with the Complainant, who was acting strangely. TPS police officers attempted to arrest the Complainant, and he bit a TPS police officer. A struggle ensued before the Complainant was handcuffed. The Complainant was taken to St. Michael’s Hospital (SMH).

The Team

Date and time team dispatched: 03/19/2021 at 10:33 a.m.

Date and time SIU arrived on scene: 03/19/2021 at 1:25 p.m.

Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

68-year-old male interviewed, medical records obtained and reviewed

The Complainant was interviewed on March 19, 2021.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on March 25, 2021.

Subject Official (SO)

SO Declined interview and to provide notes, as is the subject official’s legal right

Witness Officials (WO)

WO #1 Interviewed
WO #2 Interviewed
WO #3 Interviewed

The witness officials were interviewed on March 29, 2021.

The Scene

The scene was the hallway of a TCHC apartment complex. There were numerous TCHC, TPS and private security personnel present, as well as paramedics.

Video/Audio/Photographic Evidence

TPS Communications Recordings

On April 7, 2021, TPS provided the SIU with a copy of the TPS communication recordings.

On March 18, 2021, at 10:46 p.m., the Complainant called 911 requesting EMS and reporting that his friend had cut his finger.

At 11:45 p.m., there was a TPS service call to assist EMS at an apartment in a TCHC apartment complex. Dispatch gave the call to WO #3 and other available units. EMS requested police attendance due to the behaviour of the Complainant in their previous contact.

At 11:51 p.m., WO #3 advised that all was in order and others could slow down. WO #3 advised that the SO had been bitten by the Complainant and both were being taken to SMH.

Materials Obtained from Police Service

Upon request, the SIU received the following materials and documents from the TPS between March 22, 2021 and April 7, 2021:

• TCHC notes;
• Communications Recordings;
• Scene Video Taken by the CW;
• Recorded Witness Interviews (x3);
• Notes-WO #1;
• Notes-WO #2;
• Notes-WO #3;
• TCHC Witnesses;
• Booking-Charge Document- the Complainant;
• General Occurrence;
• Witness Statement Summaries (x3); and
• Witness List.

Materials Obtained from Other Sources

The SIU obtained and reviewed the following records from other sources between March 30, 2021 and April 9, 2021:

• EMS Incident Summary Report;
• EMS Ambulance Call Report; and
• SMH Medical Records.

The following scenario emerges from the evidence collected by the SIU, which included interviews with the Complainant, several officers involved in his arrest, and a non-police eyewitness. As was his legal right, the SO chose not to interview with the SIU or authorize the release of his notes.

In the evening of March 18, 2021, the Complainant contacted the ambulance service twice, seeking assistance for a friend who had reportedly cut his finger. Dissatisfied with the service he believed the paramedics were providing, the Complainant grabbed one of them by the collar and told him he was under arrest. Two security guards present at the time intervened to assist the paramedics and the Complainant was taken to the ground. TPS officers were dispatched to the scene.

The SO, together with WO #1, WO #2 and WO #3, arrived at the scene – the hallway of a TCHC apartment building. Satisfied that he had assaulted a paramedic, the officers decided to arrest the Complainant.

The Complainant objected to his arrest and struggled against the officers’ efforts to take him into custody. At one point, his front side pressed up against a hallway wall by the SO, the Complainant kicked backwards at the officer. The SO took the Complainant to the floor where he continued to resist and bit into the officer’s hand. The officer reacted by punching the Complainant in the face. With the assistance of Toronto Community Housing special constables, the officers were able to handcuff the Complainant’s arms behind his back.

Following his arrest, the Complainant was taken in ambulance to hospital where he was diagnosed with a fractured nose and right ankle.

Section 25(1), Criminal Code -- Protection of persons acting under authority

(a) as a private person,

(b) as a peace officer or public officer,

(c) in aid of a peace officer or public officer, or

(d) by virtue of his office,

Following his arrest by TPS officers on March 18, 2021, the Complainant was taken to hospital and diagnosed with serious injuries. Among the arresting officers, the SO was identified as a subject official for purposes of the SIU investigation. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the Complainant’s arrest and injuries.

Pursuant to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law. The Complainant had clearly laid hands on a paramedic prior to the officers’ arrival and was subject to arrest.

The Complainant physically resisted his arrest and was met in return, in my view, by reasonable force. His takedown at the hands of the SO occurred shortly after the Complainant had kicked the officer. In the circumstances, it was reasonable to place him in a positional disadvantage on the floor to thwart any further strikes from the Complainant. Shortly after the grounding, the SO reacted again within reason when he punched the Complainant after he had bitten into the officer’s hand. The strike was not simply aimed at deterring any further aggression, but intended to force the Complainant to release his bite hold. The Complainant did release his bite after the strike and was soon handcuffed following a further period of struggle in the ground. [1]

In the result, while it may well be the one or both of the Complainant’s injuries were the result of the force used against him by the officers, [2] including the SO, there are no reasonable grounds to believe that the subject official comported himself unlawfully at any time. Accordingly, there is no basis for proceeding with criminal charges in this case.


Date: July 15, 2021