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 discharge of a firearm by the police at a 62-year-old man (the “Complainant”).

Notification of the SIU

On August 1, 2021 at 12:18 a.m., the Toronto Police Service (TPS) reported that on July 31, 2021, at 11:15 p.m., officers from 11 Division received a call for service at an address on Wade Avenue. Upon their arrival, they were confronted by the Complainant armed with a knife. There was an interaction with the officers in which the Subject Official (SO) deployed a non-lethal shotgun (sock gun) and Witness Official (WO) #1 deployed a conducted energy weapon (CEW). The Complainant was taken into custody and transported to St. Joseph’s Hospital (SJH) for medical assessment. He had sustained welts to his body, but no serious injuries. The scene had been cleared. Both of the involved officers were equipped with body-worn cameras (BWCs).

The Team

Date and time team dispatched: 08/01/2021 at 7:40 a.m.

Date and time SIU arrived on scene: 08/01/2021 at 11:00 a.m.

Number of SIU Investigators assigned: 3

The Scene

The scene was the 8th floor hallway of a building on Wade Avenue, Toronto.

Physical Evidence

On August 1, 2021 at 11:00 a.m., an SIU Forensic Investigator attended TPS 11 Division. At 11:45 a.m., photographs were taken of a Remington 12 gauge shotgun, four sock projectiles, four shotshell cases, two kitchen knives, a Taser Model X2, two Taser cartridges, and a container with Taser probes and a bag with Taser wire.


Figure 1 – The SO’s less lethal shotgun


Figure 2 – The Complainant’s knife


Figure 3 – The Complainant’s knife

Forensic Evidence

CEW Download

Data downloaded from the CEW indicated that Cartridge One was deployed at 11:14:29 p.m., [1] for five seconds.

Video/Audio/Photographic Evidence [2]

BWC – the SO

The BWC footage of the SO was provided to the SIU by the TPS on August 1, 2021. The BWC footage was for July 31, 2021, and began at 11:09 p.m.

The SO arrived at the building on Wade Avenue and was met by a security guard, who told the SO that the man (the Complainant) was drunk. The SO and WO #1 looked for the Complainant and were directed to the eighth floor.

At 11:13 p.m., a TPS officer told the security guard to stay on the elevator. The SO and WO #1 walked to their left down a hallway. One of the TPS officers yelled at the Complainant, “Sir, let me see your hands, let me see your hands, put your hands up.” The Complainant was standing in the middle of the hallway. He had a can in his left hand and a knife in his right hand. The Complainant was yelling and waving the knife at shoulder height. The Complainant yelled, “Drop that gun.” One of the police officers said, “Put your hands up, drop it,” followed by four shotgun shots. The Complainant turned his back to the TPS officers and leaned against the hallway wall. He then turned towards the TPS officers.

The SO reloaded the shotgun and one of the TPS officers yelled, “Put the knife down, put the knife down, listen to me.” The Complainant said, “Listen to me.”

At 11:14 p.m., WO #1 shouted, “Tazer, tazer, tazer,” and the Complainant fell to the floor.

At 11:17 p.m., the Complainant was searched and handcuffed. Two knives were located on him.


[H4]BWC – WO #1
[/H4]
The BWC footage of WO #1 was provided to the SIU by the TPS on August 1, 2021.

The BWC footage was for July 31, 2021, and began at 11:08 p.m.

At 11:10 p.m., WO #1 was on the 8th floor and saw the Complainant in the hallway in a long dark coat. Commands were issued: “Sir, let me see your hands, let me see your hands.”

As WO #1 and the SO moved towards the Complainant, another command was issued: “Put your hands up.” The Complainant had a can in his left hand and a knife in his right hand. The Complainant yelled, “Drop that gun.” A TPS officer commanded, “Drop it, hands up.” There were people in the hallway behind the Complainant. The Complainant walked towards the police officers waving the knife and yelling. A TPS officer said, “I got tazer, too.” There were four shots from the less than lethal shotgun. The Complainant turned, faced the hallway wall, and leaned against it. A TPS officer yelled at the Complainant to drop the knife.

At 11:14 p.m., a TPS officer stated, “Put the knife down, put the knife down.” The Complainant reached with his right hand into his right coat pocket. A TPS officer deployed his CEW and yelled, “Tazer, tazer, tazer.” The Complainant fell to the floor.

The SO and WO #1 handcuffed the Complainant with his hands behind his back. One of the TPS officers told the Complainant to stop fighting, and that he was lucky he had not been shot. Dispatch was updated about the CEW and less than lethal deployment. The Complainant was searched and a knife with a black handle was located. A second knife was located in the Complainant’s right coat pocket.

Materials Obtained from Police Service

Upon request, the SIU received the following materials and documents from TPS between August 1 and 4, 2021:

• Event Details Report;
• General Occurrence;
• BWC footage – the SO;
• BWC footage – WO #1;
• Notes-WO #2; and
• Notes-WO #1.

Materials Obtained from Other Sources

The SIU received the following records from other sources on August 3, 2021:

• Medical Records – SJH.

The material events in question are clear thanks in large measure to police BWC footage that captured the incident.

At about 11:00 p.m. of July 31, 2021, the TPS received a 911 call from a security guard of a building on Wade Avenue. The guard reported that a man – the Complainant – had entered the building intoxicated and carrying a knife. Officers were dispatched to the address.

The SO and WO #1 arrived at the building at about 11:10 p.m. They set about trying to find the Complainant and eventually located him on the 8th floor. By that time, the TPS had received another call from a resident of an 8th floor unit indicating that the Complainant was at her door and heard saying, “I kill you, I kill you.”

The officers confronted the Complainant, who was holding a knife in his right hand. The Complainant was ordered to show his hands and drop the knife, but did not do so. The SO fired his less-lethal shotgun at the Complainant four times, striking him with “bean bag” rounds. The discharges failed to fell the Complainant or dispossess him of the knife. Soon after, WO #1 fired his CEW at the Complainant, causing the Complainant to lock up and fall to the floor.

With the Complainant on the hallway floor, the officers approached and handcuffed him without further incident. A subsequent search of his person disclosed the presence of a second knife inside a coat pocket.

The Complainant was taken to hospital after his arrest and treated for pain and bruising. He had not sustained any serious injuries.

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,

On July 31, 2021, the Complainant was shot at four times by less lethal rounds fired from the shotgun of a TPS officer. The officer – the SO – was identified as the 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 shooting.

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 entered a residential building inebriated while carrying a knife. He was clearly subject to lawful arrest at the time.

I am also satisfied that the force used by the SO, namely, four shots fired from his less lethal shotgun, amounted to legally justified force in aid of the Complainant’s arrest. The Complainant was armed with a knife, intoxicated, and had threatened various occupants of the building (prompting multiple 911 calls). In the circumstances, the SO acted reasonably when he attempted to disarm the Complainant from a distance with the use of his less lethal shotgun. Neither the SO nor his partner, WO #1, were free to disengage at the time given the presence of other persons in the vicinity potentially in harm’s way vis-à-vis the Complainant, nor was approaching the Complainant to physically overpower him an option given the presence of the knife in the Complainant’s hands. [3]

For the foregoing reasons, as I am satisfied that the SO comported himself lawfully throughout his engagement with the Complainant, there are no grounds for proceeding with criminal charges in this case, and the file is closed.


Date: November 29, 2021

Electronically approved by

Joseph Martino
Director
Special Investigations Unit