Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault. The Unit’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the Police Services Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether an officer has committed a criminal offence in connection with the incident under investigation. If, after an investigation, there are reasonable grounds to believe that an offence was committed, the Director has the authority to lay a criminal charge against the officer. Alternatively, in all cases where no reasonable grounds exist, the Director does not lay criminal charges but files a report with the Attorney General communicating the results of an investigation.

Freedom of Information and Protection of Privacy Act (“FIPPA”)

Pursuant to section 14 of FIPPA (i.e., law enforcement), certain information may not be included in this report. This information may include, but is not limited to, the following:

• Confidential investigative techniques and procedures used by law enforcement agencies; and
• Information whose release could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding. 

Pursuant to section 21 of FIPPA (i.e., personal privacy), protected personal information is not included in this document. This information may include, but is not limited to, the following:

• Subject Officer name(s);
• Witness Officer name(s);
• Civilian Witness name(s);
• Location information; 
• Witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence; and 
• Other identifiers which are likely to reveal personal information about individuals involved in the investigation.

Personal Health Information Protection Act, 2004 (“PHIPA”)

Pursuant to PHIPA, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may have also been excluded from this report because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.

The Unit’s investigative jurisdiction is limited to those incidents where there is a serious injury (including sexual assault allegations) or death in cases involving the police.

“Serious injuries” shall include those that are likely to interfere with the health or comfort of the victim and are more than merely transient or trifling in nature and will include serious injury resulting from sexual assault. “Serious Injury” shall initially be presumed when the victim is admitted to hospital, suffers a fracture to a limb, rib or vertebrae or to the skull, suffers burns to a major portion of the body or loses any portion of the body or suffers loss of vision or hearing, or alleges sexual assault. Where a prolonged delay is likely before the seriousness of the injury can be assessed, the Unit should be notified so that it can monitor the situation and decide on the extent of its involvement.

This report relates to the SIU’s investigation into serious injuries sustained by a 23-year-old man (the “Complainant”).

Notification of the SIU

On November 23, 2020, at 2:19 a.m., the York Regional Police (YRP) reported the following.

At 12:35 a.m., a police officer attempted to conduct a traffic stop of a vehicle traveling west on Highway 7, west of Bathurst. A pursuit was not initiated, but the police officer broadcast over the radio his attempt to stop the fleeing vehicle. At about 12:42 a.m., a second police unit observed the vehicle. At 12:45 a.m., a third police unit observed the vehicle. Around this time, a man [now known to be the Complainant] exited the parked vehicle and started to move away from it, in the area of Creditstone Road and Highway 7, Vaughan.

At approximately 12:48 a.m., the Complainant ran from the police officers while shooting at them. The police officers exchanged gunfire and the Complainant was struck in the buttocks. He was transported to Sunnybrook Health Sciences.

The Team

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

Complainant:

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

Civilian Witnesses

CW #1 Interviewed
CW #2 Interviewed

Witness Officers

WO #1 Interviewed
WO #2 Interviewed

In addition, the notes of three other officers were received and reviewed.

Subject Officers

SO #1 Interviewed, and notes received and reviewed
SO #2 Declined interview and to provide notes, as is the subject officer’s legal right
SO #3 Interviewed, and notes received and reviewed
SO #4 Declined interview and to provide notes, as is the subject officer’s legal right
SO #5 Declined interview and to provide notes, as is the subject officer’s legal right

The Scene

Figure 1 - The scene.

• 5:43:04 a.m.

SO #1 was seen to be driving eastbound on Highway 7. He stopped for a red traffic light at Jane Street.

• 5:43:35 a.m.

The police vehicle’s emergency lights were activated and SO #1 proceeded east through the intersection against the red traffic light. A police officer could be heard transmitting, asking if he [known to be SO #5] had seen the plate on the car. SO #5 replied he had not but had seen the man [known to be the Complainant], who was wearing all black.

• 5:43:53 a.m.

SO #1 turned left onto Maplecrete Road and deactivated his emergency lights. As he approached and then made a right turn onto Maplecrete Road, a man dressed in black [believed to be the Complainant] could be seen walking south along the east sidewalk.

• 5:44:55 a.m.

SO #1 slowed as he pulled alongside the Complainant and broadcast a description of the Complainant - black vest, red hoodie, grey shorts. Two other police vehicles arrived from westbound Highway 7, one turning onto Maplecrete Road and stopping against the east curb, the other stopping against the north curb of Highway 7 at Maplecrete Road.

• 5:45:09 a.m.

SO #1 turned his police vehicle facing east with a view of the walkway in front of Niagara University. The Complainant was seen walking east along the walkway. His hands appeared to be in his jacket pockets.

• The walkway was seen to be well lit with artificial lighting, covered and lined along the south side by several concrete columns.

• The two police officers arriving from westbound Highway 7 exited their vehicles and the Complainant was seen to look over his right shoulder in their direction.

• The police officer that had stopped on Highway 7 was wearing a yellow police jacket while the other police officer wore the standard black jacket.

• The two police officers began running toward the Complainant and one of them was heard to yell, “Hey you.” The Complainant began running when the police officer called out to him. The same police officer yelled for the Complainant to stop moving.

• Neither police officer was seen to have drawn their firearm, nor was the Complainant seen with a gun.

• 5:45:15 a.m.

SO #1 was seen running from his police cruiser in the Complainant’s direction.

• 5:45:18 a.m.

The police officer wearing the black jacket was about two or three columns behind the Complainant when the Complainant turned his right arm back toward the police officer. Several gunshots were then heard over approximately two seconds.

• The police officer immediately behind the Complainant appeared to draw his gun and point it toward the Complainant. It was not possible to determine who fired their guns at what time.

• After the shots fired by the Complainant, the police officers took cover behind the concrete columns.

• 5:45:22 a.m.

Multiple gunshots were heard in rapid succession.

• 5:45:26 a.m.

The police officers came out from behind cover and continued to pursue the Complainant. Several more gunshots were heard.

• 5:45:42 a.m.

One faint gunshot was heard. The Complainant was no longer in the camera’s view. The police officers were at the extreme east end of the walkway and barely visible to the camera’s view.

• 5:45:51 a.m.

Faint gunshots were heard.

• Other police vehicles were seen responding eastbound on Highway 7.

• 12:33:01 a.m.

SO #3’s police vehicle was stopped in the westbound lanes of Highway 7 at a red traffic light. The intersection is not known as there were no signs visible. The roads were wet and partially snow covered. A vehicle was seen approaching eastbound in the middle of three eastbound lanes and it stopped for the red traffic light. The vehicle [now known to have been driven by the Complainant] proceeded forward before the light turned green but then stopped before entering the intersection.

• 12:33:18 a.m.

The traffic light changed to green and the Complainant’s vehicle proceeded through the intersection. SO #3 made a U-turn and followed behind. SO #3 maintained a constant distance behind the Complainant’s vehicle and reached a maximum speed of 100 km/h before they both slowed for a red traffic light at the next intersection. The name of the cross street was obscured by snow on the sign.

• 12:34:06 a.m.

SO #3 activated his police vehicle’s emergency lights just prior to the Complainant coming to a stop at the intersection. The Complainant accelerated and continued westbound through the red traffic light.

• SO #3 followed behind reaching a maximum speed of 102 km/h before slowing to under 90 km/h. The Complainant’s vehicle continued to accelerate and increase the distance between the two vehicles so that it was out of the camera’s view.

• 12:34:55 a.m.

SO #3 radioed the dispatcher. The first part of his transmission was inaudible. He was then heard to say he was westbound on Highway 7 and provided a licence plate number. He described the vehicle as a blue Buick. When asked by the dispatcher if he was in pursuit, he said he was not.

• 12:35:50 a.m.

The dispatcher broadcast that the RO [registered owner] had been queried and was negative on CNI [Criminal Name Index].

• 12:36:32 a.m.

The first video file concluded.

• 12:43:54 a.m.

The second video file commenced with SO #3 driving west on Highway 7 with the vehicle’s emergency lights activated. SO #3 stopped for red traffic lights but continued through the intersections when the way was clear.

• 12:44:28 a.m.

A police officer [known to be SO #1] was heard broadcasting the man [known to be the Complainant] was walking south toward Highway 7.

• A police officer broadcast that the Complainant was wearing a black vest, red hoody and grey shorts.

• 12:45:35 a.m.

A police officer was heard broadcasting that shots were fired.

• 12:45:55 a.m.

SO #3 arrived in front of an address on Highway 7 just as a police officer broadcast, “Northbound near convention centre.” SO #3 made a U-turn, heading east in the westbound lanes of Highway 7. Once his vehicle had turned, a police officer could be seen running east along the north boulevard.

• 12:46:14 a.m.

SO #3 stopped his police vehicle facing east along the north curb at Creditstone Road. A police officer was heard broadcasting they were west along the black building.

• 12:46:22 a.m.

A police officer was heard yelling, “Get on the ground. Get on the ground.”

• 12:46:42 a.m.

Two shots were heard to be fired. WO #2 was heard transmitting that shots were fired and he [the Complainant] kept firing. WO #2 further advised that the Complainant was running northbound and they were at the northwest corner.

• 12:47:15 a.m.

WO #2 broadcast that the Complainant was firing at police officers and warned the other police officers to be careful coming around the corner. She said the Complainant was on the northwest side of the building going towards the condos.

• 12:47:40 a.m.

Muffled gunshots could be heard and WO #2 advised the Complainant had been shot and was down.

• A police officer [known to be SO #5] confirmed that the Complainant had been shot and no police officers were injured. and

• The recording concluded at 1:03:28 a.m.

• 12:45:14 a.m.

WO #2’s police vehicle was northbound on Jane Street, turning east onto Highway 7. Police officers could be heard communicating over the police radio, but their words were indecipherable.

• 12:46:29 a.m.

WO #2 turned left onto Creditstone Road, proceeding slowly, northbound in the southbound lanes along the west curb.

• WO #2’s vehicle mounted the west curb and continued north through the parking lot of the Riviera Banquet Centre. As her vehicle crossed the grassy area before the parking lot, it brushed against the boughs of a spruce tree causing snow to fall onto the windshield. WO #2 did not activate the wipers and visibility was compromised.

• 12:46:40 a.m.

WO #2 broadcast, “We’ve got him surrounded here, we’re on the south, oh, shots fired.”

• Two shots were heard approximately 1.5 seconds apart (the shots sounded to be from the same gun).

• WO #2 broadcast, “He keeps firing. He’s got a gun in hand. He’s got a gun in the right hand. He’s running northbound. We’re on the northwest corner.”

• A dark figure [known to be the Complainant] could be seen from the far-left side of the vehicle’s windshield, moving northerly. Visibility through the windshield continued to be obscured by snow.

• WO #2 advised that the Complainant was running northbound and she still had eyes on him from her vehicle.

• 12:47:05 a.m.

WO #2 turned left, facing west, and the Complainant could be seen now running west along the north side of the Riviera Parque Convention Centre.

• 12:47:11 a.m.

A single gunshot was heard and WO #2 broadcast that the Complainant was still firing at police officers. She warned the other police officers to be careful coming around the corner (of the Riviera Parque Convention Centre). The Complainant was not in the camera’s view.

• 12:47:27 a.m.

WO #2 advised they were at the northwest side of the building in the back, and the Complainant was heading towards the condos. The Complainant could be seen running west near the northwest corner of the Riviera Banquet Hall. Visibility was still diminished because of snow on the windshield.

• Police officers yelled commands but again the words were indistinguishable.

• 12:47:29 a.m.

Four gunshots were heard in quick succession. The shots fired were louder than the previous shots heard and are believed to have been fired from a police C8 rifle or rifles. No police officers were in the camera’s view when the shots are fired.

• 12:47:38 a.m.

Additional shots were heard, and the Complainant fell to the ground.

• WO #2 radioed that the male was down on the ground and they had him at gunpoint. She moved her police vehicle closer to the Complainant but north of where he fell. The Complainant was no longer in the camera’s view.

• Police officers could be seen in and out of the camera’s view as they moved around where the Complainant had fallen. Police officers told the Complainant to drop the gun.

• Two male police officers could be seen with their C8 rifles in positions covering the Complainant. WO #2 positioned herself in front of a police SUV vehicle [known to be WO #1’s vehicle].

• 12:49:50 a.m.

A male police officer could be heard saying, “Hey stay with me. Stay with me buddy.”

• Another male police officer shouted, “Hey don’t move. Do not move, stay down on the ground.”

• 12:51:08 a.m.

A male police officer could be heard saying, “Do not move from here. Listen to me. Do not move from here.” The Complainant’s lower legs could now be seen at the far lower left of the camera’s view.

• 12:53:40 a.m.

The Complainant could be heard saying, “You shot me in the ass,” and, “I can’t feel my hands.”

• 12:57:03 a.m.

An ambulance entered the camera’s view arriving from the east and parked in front of WO #2’s police vehicle.

• 1:00:45 a.m.

The Complainant was put onto a stretcher and placed into the ambulance.

• 1:14:26 a.m.

The Complainant was removed from the scene by ambulance. Several police officers were in and out of the ambulance prior to its departure. It is believed that two police officers accompanied the Complainant in the ambulance.

• 1:16:21 a.m.

The ICCS footage concluded.

• 12:45:33 a.m.

SO #5’s vehicle travelled southbound on Maplecrete Road, along the west side of a condominium building at Highway 7. SO #5 brought the vehicle to a stop at Highway 7 where two other police vehicles were stopped at the southwest corner of the building. The two other police vehicles appeared to be unoccupied.

• 12:46:21 a.m.

SO #5 arrived at the intersection of Creditstone Road where he stopped against the north curb behind another police vehicle. As he pulled in behind the other police vehicle, a police officer exited the driver’s door with a C8 rifle pointed toward the north. At the same time, another police cruiser drove north on Creditstone Road, across the intersection of Highway 7 in the southbound lanes.

• 12:46:35 a.m.

The police officer who had driven north exited his police cruiser with a C8 rifle, and moved north out of the camera’s view. The police vehicle that drove north on Creditstone Road was also out of the camera’s view.

• 12:46:41 a.m.

SO #5 exited his police vehicle but did not enter the camera’s view.

• 12:46:44 a.m.

Two gunshots were heard. WO #2 broadcast that shots had been fired, saying, “He keeps firing, He keeps firing. He’s got a gun in his right hand.”

• WO #2 was heard to broadcast that he [known to be the Complainant] was running northbound and they were at the northwest corner [known to be the northeast corner]. She could still see him in her vehicle.

• 1:25:57 a.m.

The recording concluded.

• 12:48:15 a.m.

WO #1 arrived on scene from the north and stopped his police cruiser. WO #2 stood in front of WO #1’s police cruiser near the Complainant and the other police officers but not engaging the Complainant.

• Two or three police officers were seen kneeling around the Complainant who was not visible to the ICCS. Two other police officers were standing with their rifles pointed at the Complainant.

• 12:49:42 a.m.

A police officer pulled the Complainant by the legs along the pavement a short distance, into the camera’s view. The Complainant wore dark pants and a red sweatshirt. The Complainant was sat up very briefly and then laid back onto the ground. His arms appeared to be behind his back.

• 12:49:57 a.m.

The Complainant rolled onto his right side and a male police officer could be heard telling him not to move.

• 12:51:05 a.m.

A male police officer helped the Complainant to a seated position and appeared to conduct a search of his clothing. The Complainant was then laid down on his stomach while the police officer continued the search.

• 12:56:57 a.m.

An ambulance arrived at the scene.

• 1:00:15 a.m.

The Complainant was lifted to his feet and placed onto a stretcher. He was moved towards the ambulance and out of the camera’s view at 1:00:34 a.m.

• 1:25:57 a.m.

The ICCS recording ended.

• 11:59:54 p.m.

Start of video.

• 12:55:06 a.m.

A dark-coloured compact vehicle is driven at a normal speed from westbound Highway 7 to northbound Maplecrete Road, exiting the right side of the screen.

• 12:55:19 a.m.

A marked YRP SUV cruiser with no emergency lighting activated is driven at a normal speed from westbound Highway 7 to northbound Maplecrete Road and out of sight on the right side of the screen.

• 12:56:40 a.m.

A white-coloured YRP SUV cruiser is driven eastbound on Highway 7 at a slightly higher speed with emergency lighting active.

• 12:56:44 a.m.

The police cruiser is driven northbound on Maplecrete Road and the emergency lighting is turned off.

• 12:56:50 a.m.

The police cruiser exits the right side of the screen.

• 12:57:42 a.m.

A man [now known to be the Complainant] with short brown hair wearing a red shirt, black vest, grey pants, grey running shoes with both his hands in the pockets of the vest, is walking at a normal gait southbound on the east sidewalk.

• 12:57:52 a.m.

The Complainant takes his left hand out of his pocket and a marked YRP SUV is driven from westbound Highway 7 to northbound Maplecrete Road.

• 12:57:54 a.m.

The Complainant turns to the left or eastbound out of sight behind a pillar of 2900 Highway 7. A white-coloured YRP SUV cruiser is slowly driven southbound on Maplecrete Road.

• The remaining video footage captures varying YRP police cruisers entering and exiting the area.

• The remaining interactions between YRP and the Complainant are not captured from this angle.

• 6:15.34 a.m.

Video ends.

• 11:15:53 p.m.

Video starts.

• 12:58:05 a.m.

A marked YRP SUV is driven westbound on Highway 7 followed by a white YRP SUV. The white YRP SUV is stopped facing west in the curb westbound lane of Highway 7, just east of Maplecrete Road.

• 12:58:11 a.m.

The Complainant walks at a normal gait eastbound on the brick paved sidewalk, directly south of 2900 Highway 7 towards the camera.

• 12:58:20 a.m.

A uniformed police officer in a green fluorescent jacket runs northeast from the driver’s side of the stopped white YRP SUV, and he is concealed by pillars on the south side of 2900 Highway 7.

• 12:58:21 a.m.

The Complainant runs eastbound towards the camera.

• 12:58:22 a.m.

A uniformed police officer to the Complainant’s right rear is several metres behind, followed by another uniformed police officer on his left rear several more metres to the rear.

• 12:58:24 a.m.

The Complainant extends his right arm rearward.

• 12:58:25 a.m.

After returning his arm forward a black object is seen in his right hand.

• 12:58:27 a.m.

The lead police officer draws his firearm from his right side and points it at the Complainant using his right hand. The second police officer is behind but slightly to the south.

• 12:58:26 a.m.

The Complainant looks momentarily to his rear on his right side. The lead police officer is still pointing his firearm at the Complainant.

• 12:58:26 a.m.

Using his right hand and looking back at the lead police officer, the Complainant points his right arm at the lead police officer. The brick sidewalk is whitened in a circular patch, halfway between the Complainant and the police officer. The whitened patch may be a bullet ricochet from the Complainant’s gun.

• 12:58:57 a.m.

Both police officers stop and immediately take cover behind pillars on the south side of the sidewalk.

• 12:58:28 a.m.

The Complainant continues running eastbound and is no longer visible at the bottom of the screen. A third police officer wearing a fluorescent green jacket appears on the south side of a pillar, closer to the Complainant than the previous two uniformed police officers. He has both hands extended forward pointed at the Complainant and runs eastbound towards him before taking refuge behind a pillar.

• 12:58:32 a.m.

The lead police officer continues running eastbound behind the third police officer on the south side of the pillars, both with their firearms pointed in the direction of the Complainant.

• 12:58:33 a.m.

The second police officer exits the north side of a pillar and continues running eastbound towards the Complainant in the centre of the brick paved sidewalk, pointing his firearm in the direction of the Complainant.

• 12:58:35 a.m.

The lead police officer runs eastbound on the south side of the pillars, followed by the second and third police officer.

• 12:58:36 a.m.

The lead police officer is no longer visible at the bottom of the screen.

• 12:58 37 a.m.

The third and the second officer are no longer visible at the bottom of the screen.

• 1:08:00 a.m.

From this point forward numerous marked and unmarked police cruisers attend and leave the scene. Uniformed police officers walk through the scene in both directions periodically.

• 6:15.49 a.m.

Video ends.

• 12:58:42 a.m.

The Complainant runs eastbound on the brick paved sidewalk, directly south of 2900 Highway 7 away from the camera. A uniformed male police officer wearing a fluorescent green coat is on the right or south side of the Complainant keeping pace with him south of the pillars.

• 12:58:43 a.m.

The Complainant raises his right hand and points his firearm directly at the police officer wearing the fluorescent coat and fires. The muzzle flash from his firearm is evident. The police officer, dressed in the fluorescent coat, slows momentarily, draws his firearm, and points it at the Complainant. The police officer runs after the Complainant.

• 12:58:45 a.m.

The Complainant looks to his rear from his right side momentarily but keeps running.

• 12:58:46 a.m.

• The Complainant raises his right arm and points to his right but then puts it down.

• 12:58:47 a.m.

The fluorescent coated police officer is concealed behind a pillar. The Complainant flees to the right, concealed behind the last pillar on the right.

• 12:58:55 a.m.

All three police officers emerge on the brick paved sidewalk from the last two pillars and then conceal again behind them. They run eastbound into a parking lot in the background, exiting the top of the screen.

• 6:16:08 a.m.

Video ends.

• 12:58:12 a.m.

A marked YRP SUV travels westbound on Highway 7 followed by a white YRP SUV.

• 12:58:21 a.m.

The Complainant walks at a normal gait eastbound on the brick paved sidewalk directly south of 2900 Highway 7, away from the camera. He looks to his rear on his right side.

• 12:58:25 a.m.

The Complainant runs eastbound.

• 12:58:26 a.m.

A police officer wearing a fluorescent green coat is on the south side of the Complainant, keeping pace with him.

• 12:58:28 a.m.

A second police officer is eastbound, several metres behind from the bottom of the screen. The police officer in the fluorescent green coat is concealed behind pillars on the right.

• 12:58:30 a.m.

A third police officer runs eastbound behind the lead officer.

• 12:58:31 a.m.

The Complainant is no longer visible at the top of the screen.

• 12:58:33 a.m.

The lead police officer abruptly runs to the right behind a pillar and the third officer does likewise.

• 12:58:35 a.m.

The lead police officer continues eastbound out of sight at the top of the screen.

• 6:15:55 a.m.

Video ends.

• 12:54:57 a.m.

A flash [believed to be a muzzle flash] is observed coming from the parking area on the east side of the Riviera Parque Convention Centre.

• 12:55:40 a.m.

A police cruiser SUV with its emergency lights activated is observed moving north in the parking lot and following what appears to be the Complainant running around the northeast corner of the Riviera Parque Convention Centre.

Police officers appear to be running on foot around the northeast corner of the Riviera Parque Convention Centre, following the Complainant.

The police cruiser turns and moves in a southwest direction toward the Riviera Parque Convention Centre where the Complainant was later determined to be wounded.

• 12:56:29 a.m.

The police cruiser leaves the camera sight towards the northwest corner of the Riviera Parque Convention Centre.

• 12:56:39 a.m.

Another police officer appears from the northeast corner of the Riviera Parque Convention Centre and moves west along it.

• 12:57:34 a.m.

A marked police pickup truck travels north on Creditstone Road and enters the parking lot of the Riviera Parque Convention Centre, followed by what is believed to be an unmarked police vehicle.

• 12:58:59 a.m.

The marked police pickup truck reverses east along the north side of the Riviera Parque Convention Centre and blocks the entrance to the parking lot.

• 1:01:15 a.m.

A marked police SUV travels south on Creditstone Road and enters the driveway to the parking lot, stopping to speak to the police officer in the pickup truck.

• 1:05:24 a.m.

An ambulance arrives and enters the parking lot.

• The remainder of the footage shows more police officers arriving on scene and officers securing the scene.

• 12:00:28 a.m.

The Complainant ran east across the front of the condominium high-rise and into the parking lot, between the condos and the Riviera Parque Convention Centre.

• 12:00:36 a.m.

Two police officers ran east in front of the condominiums chasing the Complainant.

• 12:00:43 a.m.

The Complainant ran through the parking lot and out of camera view. The video did not show if the Complainant had a gun in his hands at the time.

• 12:01:10 a.m.

Police officers ran east through the parking lot with their firearms drawn.

• 12:02:53 a.m.

Two marked police cruiser SUVs entered the parking lot from Highway 7, with emergency lights activated.

• 12:03:13 a.m.

Police cruisers arrived with emergency equipment activated from the west and approached the northwest corner of the Riviera Parque Convention Centre. It is believed that the Complainant had already been shot at this time.

• 12:01:04 a.m.

The Complainant entered the camera view running west along the north side of the Riviera Parque Convention Centre. He ran out of camera view at 12:01:07 a.m.

• 12:01:23 a.m.

The first police officer on foot entered the camera view moving west behind the Complainant. The police officer appeared to discharge five shots from a firearm in the direction of the Complainant.

• 12:01:24 a.m.

A second and third police officer entered the camera view with their guns drawn but did not discharge them.

• The remaining video footage captured the area being secured and more police arriving.

• At 12:35:58 a.m., SO #3 broadcast, “Just had a vehicle take off on me, headed westbound on Highway 7, license plate [redacted].” He described it as a blue Buick and said he was not in pursuit.

• The vehicle was last seen westbound on Highway 7, just past Bathurst.

• SO #3 did not see any of the occupants in the vehicle.

• The dispatcher broadcast that the registered owner (of the Buick) was “clear” on the Canadian Police Information Center [CPIC] and the CNI.

• SO #5 advised he was at Highway 7 and Credit [it is believed he meant Creditstone Road] and would wait at that location to see if the vehicle went by there.

• At 12:43:22 a.m., SO #5 broadcast a blue Buick had just passed him, turning north and heading into a parking lot on Highway 7, just after Creditstone Road. He was following but trying to keep his distance.

• SO #3 and SO #1 advised they were en route.

• When asked by WO #1 the reason for the original stop, SO #3 advised he had been sitting at a red light and the vehicle had ‘blown’ the red light.

• At 12:43:46 a.m., SO #5 broadcast that the vehicle appeared to be parking just west of his location.

• At 12:44:09 a.m., SO #3 advised he was not able to see the vehicle’s licence plate. He described a man [now known to be the Complainant] as wearing all black clothing, moving quickly like he was trying to get away from the vehicle.

• At 12:44:35 a.m., SO #1 broadcast that the suspect [known to be the Complainant] was walking southbound toward Highway 7.

• At 12:45:17 a.m. SO #1 advised he had eyes on the Complainant. He provided a description of the Complainant’s clothing - a black vest, red hoodie and grey shorts.

• At 12:45:36 a.m., SO #4 advised they were in a foot pursuit.

• At 12:45:44 a.m., SO #1 broadcast, “Shots fired, shots fired.”

• An unknown police officer broadcast that the Complainant was westbound by the black building, going towards the front. [The police officers broadcasting were shouting with heightened voices, and some of the transmissions were therefore incoherent].

• An unknown police officer was heard shouting, “Get on the floor, get on the floor.”

• At 12:46:49 a.m. WO #2 broadcast, “We’ve got him surrounded here, we’re on the south, oh, shots fired. He keeps firing, he keeps firing. He’s got a gun in hand. He’s got a gun in the right hand. He’s running northbound. We’re in the northwest corner. He’s running northbound, I still have eyes on him in the vehicle.”

• At 12:47:27 a.m., WO #2 advised that the Complainant was firing at police officers. She warned the other police officers to be careful coming around the corner. WO #2 advised the Complainant was on the northwest side of the building.

• WO #2 broadcast, “Male’s shot, male’s down.”

• At 12:48:04 a.m., the dispatcher asked WO #2 to confirm the man had been shot. WO #2 replied that the Complainant was on his back and they had him at gun point.

• SO #5 requested EMS to attend.

• WO #2 broadcast they had the Complainant in custody and needed EMS.

• An unknown male officer broadcast for everyone to slow down, and that the male was in custody and they were helping him right now. He directed everyone to stay off the air and to get EMS rolling to the corner of Creditstone Road and Highway 7.

• Three were fired from SO #3’s C8 rifle;

• Six were fired from SO #5’s C8 rifle;

• Six were fired from SO #4’s Glock pistol;

• Two were fired from SO #1’s Glock pistol;

• Three were fired from SO #2’s Glock pistol; and

• Six were fired from the Complainant’s pistol.

• C8 Magazine Capacity;

• CAD Reports;

• Call Hardcopy;

• Chronology of Incident;

• Detailed call history;

• ICCS Footage;

• Initial Officer Report;

• Notes of SO #1, SO #3, WOs and three undesignated officers;

• YRP Forensics Exhibits List;

• YRP Communications Recordings;

• YRP Photographs;

• YRP Mobile Data Terminal Printouts; and

• YRP Training Records.

Materials obtained from Other Sources

• Medical records of the Complainant from Sunnybrook Health Sciences Centre;

• CCTV Footage of Riviera Parque Convention Centre;

• CCTV of Niagara University Campus;

• CCTV of Business; and

• Firearms Report from CFS dated June 25, 2021.

The following scenario emerges from the evidence collected by the SIU, which included interviews with the Complainant, two of the subject officers – SO #1 and SO #3 – and another officer who was present at the time. The investigation was also assisted by information provided by two civilian witnesses, forensic examination of the scene and items of evidence, and video recordings from the ICCSs of several police cruisers and security cameras in the area that captured the incident in parts. As was their legal right, SO #2, SO #4 and SO #5 chose not to interview with the SIU or authorize the release of their notes.

At about 12:45 a.m. of November 23, 2020, the Complainant was shot in the lower right pelvis. He was, at the time, running westward along the north side of the building located at 2800 Highway 7, Concord – the Riviera Event Centre – where he collapsed and was subsequently arrested by YRP officers.

The Complainant had arrived in the area minutes earlier in a Buick Verano, followed by YRP officers. Though the officers were unaware of it at the time, the Complainant had a handgun in his possession. He had first caught the attention of the police while traveling westbound on Highway 7 through a red light near Bathurst Street. SO #3, on patrol in his cruiser, had seen the infraction and maneuvered his vehicle in behind the Buick to signal it to pull over. The Complainant refused to stop, even as SO #3 activated his emergency lights, and picked up his speed. SO #3 promptly gave up the chase and broadcast what had just occurred.

SO #1 and SO #5, who were west of SO #3’s location, heard SO #3’s transmission and soon noticed the Buick traveling in their direction. They planned to stop the vehicle on Highway 7 around Jane Street, but their plan was foiled when the Complainant turned north on Maplecrete Road, just east of Jane Street, and brought his vehicle to a stop a block north in a parking lot off Barnes Court. SO #1 changed course and made his way north on Maplecrete Court. By this time, the Complainant had exited his vehicle and was walking south down the east sidewalk of Maplecrete Court. The officer changed course again to follow the Complainant south on Maplecrete Court. As SO #1 approached Highway 7, he brought his vehicle to a stop, exited, and called out to the Complainant indicating he wished to speak with him. The Complainant ignored the officer and instead turned left to travel east into a portico that lined the entire south end of the condominium towers at 2900 Highway 7, immediately east of Maplecrete Court. Joined now by SO #4 and SO #2, SO #1 followed the Complainant into the portico.

Still in the portico, with the officers following at a distance, the Complainant turned toward them and fired his handgun in their direction. The officers sought cover behind the concrete pillars supporting the portico and returned fire. The exchange of gunfire continued as the Complainant fired additional shots at the officers as he fled eastward across the portico. Once at the end of the portico, the Complainant continued his flight eastward across a parking lot toward the southside of the Riviera Event Centre, firing once more at the officers in the process. SO #1 and SO #4 followed the Complainant toward the Event Centre and watched as he turned around the southeast corner of the building to run northward.

By this time, SO #3 had arrived in his cruiser, which he parked at the intersection of Creditstone Road and Highway 7. The officer, who had heard on his radio that shots had been fired as he drove up to the scene, equipped himself with a C8 rifle and exited his vehicle. From his position, he observed the Complainant running north along the east side of the Riviera Event Centre. Midway to the far north end of the building, the Complainant discharged another round from his gun. At about the same time, SO #4 fired his weapon in the direction of the Complainant as SO #3 repeatedly shouted at the Complainant to stop and get to the ground. When he did not do so, SO #3 and SO #5, also armed with a C8 rifle, pursued the Complainant on foot.

The Complainant turned the northeast corner of the Riviera Event Centre and ran westward alongside the north side of the building discharging one final round at the officers as he did so. SO #5 and SO #3 returned fire discharging six and three rounds, [1] respectively, from their rifles, after which the Complainant collapsed to the ground.

Following the final shots, SO #1 and SO #4 were the first to reach the Complainant and placed him in handcuffs. A tourniquet was applied to his right arm and other first-aid rendered by the officers while they waited for the arrival of paramedics. The Complainant’s gun – a Colt .45 calibre Auto Mark IV pistol - was found on the ground where the Complainant had fallen.

The Complainant was transported to hospital and diagnosed with multiple gunshot wounds.

Section 34, Criminal Code -- Defence of person - Use of threat of force

(a) They believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person; 

(b) The act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

(c) The act committed is reasonable in the circumstances.

(a) the nature of the force or threat;

(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

(c) the person’s role in the incident;

(d) whether any party to the incident used or threatened to use a weapon; 

(e) the size, age, gender and physical capabilities of the parties to the incident;

(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

(f.1) any history of interaction or communication between the parties to the incident;

(g) the nature and proportionality of the person’s response to the use or threat of force; and 

(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

On November 23, 2020, the Complainant sustained three gunshot wounds just prior to his arrest by YRP officers. Five officers had discharged their firearms at the Complainant. As it could not be determined with certainty which discharge caused which wound, all five officers were identified as subject officers for purposes of the SIU investigation: SO #1, SO #2, SO #3, SO #4 and SO #5. On my assessment of the evidence, there are no reasonable grounds to believe that any of the subject officers committed a criminal offence in connection with the Complainant’s arrest and injuries.

Pursuant to section 34 of the Criminal Code, the use of force in the defence of oneself or another from a reasonably apprehended attack, actual or threatened, is legally justified provided the force in question was itself reasonable. In assessing the reasonableness of the force, regard must be had to the relevant circumstances, including such considerations as the nature of the force or threat; the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force; whether any party to the incident used or threatened to use a weapon; and, the nature and proportionality of the person’s response to the use or threat of force. There is insufficient evidence, in my view, to reasonably conclude that the force used by any of the subject officers fell afoul of the limits prescribed by section 34.

Starting from the very beginning, the officers who engaged the Complainant were in the lawful discharge of their duties. SO #3 had observed the Complainant traveling through a red light on Highway 7 in the area of Bathurst Street and was within his rights in seeking to stop him for a traffic infraction. That intervention was cut short by SO #3, properly in my view, when the Complainant accelerated away westward on Highway 7. By the time SO #3 again caught up with him at the scene of the shooting, the Complainant had fired his gun several times in the direction of officers and was clearly subject to arrest. He had done so knowing they were police officers and before any of them had drawn their own weapons, let alone fired them. In the circumstances, the officers had cause to pursue the Complainant in order to take him into custody for serious crimes.

I am also satisfied that the record falls short of reasonably establishing that any of the shots fired by the subject officers were unlawful. With respect to the bulk of that gunfire consisting of two, six and three shots [2] discharged by SO #1, SO #4 and SO #2, respectively, in the portico, these followed an initial volley of rounds fired at the officers by the Complainant. The officers were faced with an immediate threat to their lives and were entitled to meet that threat with a resort to lethal force of their own. This remained the case notwithstanding the fact that most if not all of the police gunfire occurred after the Complainant’s first several shots had come to an end given the nature of the threat the officers were confronting – a weapon capable of inflicting grievous bodily harm or death in an instant and at long range, and in the hands of an individual whom they had every reason to believe would use it again.

Indeed, the Complainant did use his gun again to fire in the direction of SO #1, SO #4 and SO #2 seconds after emerging from the east end of the portico running across a parking lot toward the front of the Riviera Event Centre. Once again, he was met by return gunfire from SO #4, who was himself nearing the end of the portico. As was the case mere seconds earlier, the officers’ lives hung in the balance and they responded, reasonably in my view, by attempting to neutralize the threat from a distance with the only weapons at their disposal capable of doing so – their firearms. The same, I am satisfied, may be said of the exchange of gunfire that occurred between the Complainant and SO #4 along the east side of the Riviera Event Centre. It appears that the officer fired a single round from his Glock at the Complainant in and around the same time that the Complainant, then running north toward the rear of the building, discharged his weapon once in the officer’s direction.

The pattern repeated itself one last time as the Complainant rounded the northeast corner of the event centre and ran westward alongside the building. While being chased by SO #3 and SO #5, the Complainant fired what would be the last round from his gun. The officers reacted by firing their C8 rifles at the Complainant. When they fired their weapons, the officers could not have known that the Complainant had emptied his firearm. The Complainant had shown a propensity to fire at the officers while trying to make good his escape, and the officers would have had reason to believe he would continue to do so. In the circumstances, I am again left to conclude that SO #3 and SO #5 would have reasonably feared for their lives and the lives of other in the vicinity, including other officers, when they fired their C8s at the Complainant, even as one, and possible more, of those shots struck the Complainant as he was running away from the officers. In arriving at this conclusion, it is telling to note that the Complainant, though he had emptied the magazine attached to his weapon, was subsequently found to be in the possession of an additional loaded magazine on his person.

The issue arises whether the officers had other means available to defend themselves from the threat posed by the Complainant. It may be, for example, that withdrawal or retreat from the scene would have sufficed to ensure their personal safety. Withdrawal or retreat, however, were not realistic options. The subject officers were police officers with a sworn duty to preserve and protect all life, not simply their own. The Complainant was in possession of a firearm which he had fired multiple times at the officers. The public safety imperatives of the moment dictated the need for his immediate apprehension, particularly in light of the condominium building in the vicinity and its many residents.

In the final analysis, as I am unable to reasonably conclude that any of the subject officers used force that was more than was necessary to defend against a real and present threat of grievous bodily harm or death at the hands of the Complainant, there is no basis to proceed with criminal charges in this case. Accordingly, the file is closed.


Date: September 8, 2021

Electronically approved by

Joseph Martino
Director
Special Investigations Unit