Director's Report Details

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person. 
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault. 
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person. 
• Information that discloses investigative techniques or procedures.  
• Information, the release of which is prohibited or restricted by law.  
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published. 

Freedom of Information and Protection of Privacy Act

Pursuant to section14 (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 that 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 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following: 

• The names of persons, including civilian witnesses, and subject and witness officials; 
• 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

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

Other proceedings, processes, and investigations

Information may also have 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 Team

Date and time team dispatched: 08/13/2022 at 4:05 p.m.

Date and time SIU arrived on scene: 08/13/2022 at 5:50 p.m.

Number of SIU Investigators assigned: 4
Number of SIU Forensic Investigators assigned: 3
 

Affected Person (aka “Complainant”):

42-year-old male; deceased

Civilian Witnesses (CW)

CW #1 Interviewed
CW #2 Interviewed
CW #3 Interviewed
CW #4 Interviewed

The civilian witnesses were interviewed between August 13 and 17, 2022.

 

Subject Officials (SO)

SO #1 Declined interview and to provide notes, as is the subject official’s legal right
SO #2 Declined interview and to provide notes, as is the subject official’s legal right
SO #3 Declined interview and to provide notes, as is the subject official’s legal right

Witness Officials (WO)

WO #1 Not interviewed; notes received and reviewed
WO #2 Interviewed
WO #3 Interviewed
WO #4 Not interviewed; notes received and reviewed

The witness officials were interviewed on August 13, 2022.

Forensic Evidence

Centre of Forensic Sciences (CFS)

Submitted to CFS for examination were three 22Gen4 40 calibre semi-automatic pistols with empty magazines from SO #3, SO #1 and SO #2, and 13 cartridge cases. These items were sent in for examination by the Firearms and Toolmarks Section to determine if the three pistols could be identified within the limits of practical certainty as having fired the 13 cartridge cases found at scene.

At the time of writing this report, the SIU has not received the Firearms Report from CFS documenting its findings.




Figure 2 - SO #1’s firearm and magazine




Figure 3 - SO #2’s firearm and magazine




Figure 4 - SO #3’s firearm and magazine

Report of Post-mortem Examination

At the time of writing this report, the SIU had not received the Report of Post-mortem Examination documenting its findings.

Video/Audio/Photographic Evidence [2]

Body-worn Camera (BWC) Footage – SO #3

The BWC footage was taken on August 13, 2022, beginning at 2:38:59 p.m. and ending at 3:06:43 p.m. The following is a summary of the footage.

At 2:40:30 p.m., SO #3 and SO #1 arrived at the address and exited their cruiser.

At 2:40:48 p.m., SO #1 and WO #4 walked towards the residence. Also present were two firefighters: CW #2 and CW #1.

At 2:40:59 p.m., SO #3 reported over the police radio, “The door just opened.” SO #3 was positioned at the corner of the front porch. There was a storm door in front of the front door.

At 2:41:29 p.m., an unknown police officer was heard over the police radio stating police officers on scene needed to ensure the child in the house was okay, and the Complainant was in custody. WO #4 responded using his police radio advising that the Complainant was in the house with the child and no contact had been made with the Complainant.

At 2:41:44 p.m., SO #3 went to the front door, opened the storm door, and knocked on the front door.

At 2:42:17 p.m., SO #3 tried to look in a window of the house.

At 2:42:31 p.m., an unknown police officer [believed to be a sergeant, Officer #1] came over the police radio asking if there was any other way into the residence to check on the child. SO #3 responded the front door was locked with no response to door knocks.

At 2:45:13 p.m., SO #1 was sent to the backyard to assist WO #4 and WO #1.

At 2:45:25 p.m., SO #3 asked SO #2 to ask the firefighters if they had a tool to breach the front door.

At 2:45:57 p.m., WO #4 told Officer #1 over the police radio they could not access the main floor from the basement.

At 2:46:23 p.m., SO #3 advised that the firefighters had tools to breach the front door. In response, Officer #1 stated the safety of the child was paramount and police needed to gain access to the main floor apartment.
At 2:46:45 p.m., SO #3 asked SO #2 to get the tools to breach the door.

At 2:46:58 p.m., SO #2 was on the porch with his pistol drawn. SO #1 came up onto the porch at the request of SO #3. SO #3 told the police officers on the porch he was going to breach the front door.

At 2:47:09 p.m., SO #3 opened the storm door. At that moment, CW #2 approached the front door with a Halligan bar. CW #2 moved in front of SO #3 to breach the door. SO #3 was to the left and behind CW #2. SO #2 was to the right of SO #3 and SO #1 was to the right of SO #2.

At 2:47:21 p.m., CW #2 asked for a sledgehammer. He stepped back from the front door and waited. CW #1 came up with a sledgehammer and moved into position to the right of CW #2. CW #1 was down on one knee with the sledgehammer in both hands.

At 2:47:24 p.m., CW #2 asked for a strike from the sledgehammer to the bar. Before CW #1 could respond, the front door opened. It opened towards the interior of the house. The Complainant stood on the right side of the door just inside the entrance.

At 2:47:25 p.m., a man’s voice was heard yelling, “Police,” “Hey,” “Put it down,” and, “Drop it … drop the damn…” At this point, CW #2 lowered his body and moved to his rear while CW #1 rolled to his right against the front wall of the house. SO #3 drew his pistol. He and SO #2 raised their pistols and aimed them in the direction of the Complainant. SO #1 moved around CW #1.

While the police officers yelled for the Complainant to “get down” and “drop it”, the Complainant motioned with his hands. He raised his right hand holding a knife over his head and said to the police, “Shoot me.” Within moments he stepped forward placing his left foot on the foot plate of the storm door. The police officers continued to yell at the Complainant. The Complainant came at the police officers with the knife raised above his head. At that moment, multiple gunshots were fired from SO #3’s pistol.

At 2:47:27 p.m., the Complainant made a sweeping stabbing motion with the knife as his right leg came forward and stepped out of the doorway. At this point, the Complainant was struck by one or more bullets and he retreated backwards into the home. The storm door closed partially behind the Complainant because SO #3 had lost his hold on it.

At 2:47:29 p.m., the storm door was closing. The Complainant was inside the house and not visible. SO #3 yelled, “Get on the ground,” while one of the other police officers yelled, “Get down.” Next, the Complainant moved towards the storm door again; he used his right foot to open the storm door. The Complainant’s right hand was extended forward from the waist holding the knife. SO #3 had his pistol aimed at the Complainant.

At 2:47:30 p.m., the Complainant pushed the storm door open with his right hip and right shoulder. At the same time, multiple gunshots were fired. SO #3’s pistol had its slide back and a hole was visible in the glass pane of the storm door in front of him. CW #2 and CW #1 remained just to the right of the front door.

At 2:47:31 p.m., the Complainant’s right foot stepped onto the porch. His right hand holding the knife was near his waist and the storm door was wide open. There were multiple gunshots.

At 2:47:32 p.m., the Complainant began to collapse. He fell outward onto the porch in the direction of SO #3. The Complainant’s back came in contact with the barrel of SO #3’s pistol. He collapsed and fell to the porch.

At 2:47:34 p.m., the Complainant lay motionless on the front porch. SO #2 used his police radio to report that shots had been fired and to rush the ambulance.

At 2:47:45 p.m., SO #3 grabbed the Complainant’s left wrist and placed a handcuff on it and then he cuffed the other wrist.

At 2:47:59 p.m., SO #3 asked for someone to enter the residence to look for the child. A paramedic was now on the porch and began to care for the Complainant.

At 2:48:26 p.m., WO #4 exited the residence and said the child was alright.

At 2:48:32 hrs, SO #1, WO #1 and SO #3 picked up the Complainant, and carried him off the porch and down the steps, and placed the Complainant on a stretcher.

At 2:56:56 p.m., SO #3 was told to have a seat in his cruiser.

At 2:57:20 p.m., SO #3 stated, “Unfortunately we, at least I had to use my firearm, so.”

BWC Footage – SO #2

The footage was taken on August 13, 2022. It began at 2:44:35 p.m. and concluded at 2:58:34 p.m. The following is a summary of the footage, with a focus on what was not otherwise captured by SO #3’s BWC.

At 2:45:46 p.m., CW #1 told SO #2 he had seen a man, the Complainant, open the front door to the residence, look out, and then close the door again.

At 2:47:09 p.m., SO #2 used his police radio to report police were preparing to breach the door.

At 2:47:24 p.m., the front door opened from within and the firefighters, CW #2 and CW #1, retreated from the door. SO #2 moved around CW #1 raising his pistol in front of him. The Complainant advanced onto the porch through the front door. As he did, the Complainant held a knife in his right hand raised at shoulder height.

At 2:47:27 p.m., the slide of SO #2’s pistol was in the rearward position, having just been fired. The sound of at least three gunshots was heard.

At 2:47:30 p.m., the Complainant exited the home for the second time and SO #2 fired his pistol. The slide of SO #2’s pistol was in the rearward position ejecting a spent casing.

At 2:47:30 p.m., SO #2 fired his pistol again. The slide of his pistol moved forward and then back, ejecting a casing.

At 2:48:09 p.m., SO #2 entered the home, went into the living room, and found the child unharmed.

At 2:52:43 p.m., SO #2 stated, “I shot the fucking guy, I shot the guy.”

BWC Footage – SO #1

The footage was taken on August 13, 2022. It began at 2:30:01 p.m. and concluded at 3:32:57 p.m. The following is a summary of the footage, with a focus on what was not otherwise captured by SO #3’s BWC.

At 2:45:14 p.m., SO #1 went to the back of the residence to assist WO #4. He helped search the basement unit.

At 2:46:55 p.m., SO #1 went back to the front of the house and onto the porch.

At 2:47:26 p.m., the Complainant began exiting the front door of the home. He came at the firefighters and police holding a knife in his right hand. SO #1 raised his pistol aiming it at the Complainant.

At 2:47:27 p.m., SO #1 fired his pistol at the Complainant and the Complainant retreated back into the house.

At 2:47:30 p.m., SO #1 fired at least two rounds at the Complainant, who came charging out through the front door. The Complainant swung the knife at the police and firefighters.

At 2:48:12 p.m., the Complainant was rolled onto his back.

BWC Footage – WO #2

The footage was taken on August 13, 2022. It began at 2:43:15 p.m. and concluded at 3:38:48 p.m. The following is a summary of the footage, with a focus on what was not otherwise captured by SO #3’s BWC.

At 2:43:15 p.m., WO #2 arrived on scene and exited his cruiser with a C-8 carbine rifle.

At 2:47:25 p.m., WO #2 went to the front porch of the residence as the front door opened.

At 2:47:26 p.m., SO #3 still had his pistol holstered. SO #2 had his pistol pointed towards the front door and SO #1 stood to the side of the front door. SO #3 drew his pistol and CW #2, a firefighter, ran from the front door towards the stairs leading down from the porch.

 

BWC Footage – WO #1

The footage was taken on August 13, 2022. It began at 2:42:58 p.m. and concluded at 3:01:03 p.m. The following is a summary of the footage, with a focus on what was not otherwise captured by SO #3’s BWC.

At 2:43:46 p.m., WO #1 helped WO #4 search the basement apartment.

At 2:49:04 p.m., WO #1 helped to remove the T-shirt off the Complainant. What appeared to be at least four gunshot wounds were visible in his abdomen.

BWC Footage – WO #4

The footage was taken on August 13, 2022. The footage began at 2:39:34 p.m. and concluded at 3:13:19 p.m. The following is a summary of the footage, with a focus on what was not otherwise captured by SO #3’s BWC.

At 2:43:56 p.m., WO #4 and WO #1 entered the basement unit of the residence checking for a way into the upstairs unit.

At 2:47:09 p.m., WO #4 and WO #1 took up positions in the backyard.

At 2:47:29 p.m., gunshots were heard. WO #4 notified the dispatcher that shots had been fired.

At 2:48:09 p.m., WO #4 and SO #2, and CW #1, entered the residence through the front door and located the young boy in the front living room.

TPS Communications Recordings

The recordings were made on August 13, 2022. The following is a summary of the recordings.

At 2:34:18 p.m., a TPS dispatcher received information by phone that a woman, the Complainant’s wife, had been stabbed by her husband in their residence.

At 2:35:58 p.m., Toronto Fire Service (TFS) advised they were on scene with paramedics when approached by the Complainant’s wife who was suffering from stab wounds. She was in the company of a child.

At 2:36:12 p.m., TFS advised there may still be a child in the residence. The party believed responsible for the stabbing of the Complainant’s wife, the Complainant, was trying to leave the area in a vehicle.

At 2:37:28 p.m., a description of the Complainant was provided.

At 2:40:09 p.m., a police radio broadcast was made by WO #4 advising that the Complainant and a child were inside the residence.

At 2:40:30 p.m., WO #4 asked for the next arriving officer to go with the ambulance to hospital with the Complainant’s wife.

At 2:41:29 p.m., a police officer [believed to be Officer #1] stated that the police needed to ensure the child was okay and the Complainant was in custody, and asked for a status report. WO #4 advised that the Complainant was locked up in the house with the child and contact had not been made yet.

At 2:41:49 p.m., an unknown police officer asked if the Emergency Task Force (ETF) was responding or monitoring, and was advised they were tied up in another division.

At 2:42:31 p.m., Officer #1 asked if there were any other ways into the residence to check on the child. WO #4 advised they would check, and SO #3 advised the front door was locked with no response to door knocks.

At 2:43:11 p.m., WO #4 advised the rear door was unlocked. Officer #1 inquired how many police officers were available to enter from the rear “to ensure the safety of the child”. WO #1 advised there were two and they were entering now.

At 2:45:57 p.m., WO #4 advised Officer #1 they could not gain access to the main floor from the basement.

At 2:46:42 p.m., ETF came over the police radio saying “ETF1 get in there.”

At 2:47:34 p.m., SO #2 stated over the police radio that shots had been fired, and asked for a rush on an ambulance.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS between August 15, 2022, and October 11, 2022:

• General Occurrence Report;
• Communications recordings;
• BWC footage – SO #3;
• BWC footage – SO #1;
• BWC footage – SO #2;
• BWC footage – WO #1;
• BWC footage – WO #4;
• Notes Excusal- SO #3;
• Notes Excusal- SO #2;
• Notes Excusal – SO #1;
• Notes – WO #2;
• Notes – WO #1;
• Notes – WO #4;
• Notes – WO #3;
• Sketch of house and porch – WO #2;
• Sketch of house and porch – WO #3;
• Computer-assisted Dispatch Report;
• Policy – Intimate Partner Violence;
• Policy – Use of Force; and
• Policy – Service Firearms.

Materials Obtained from Other Sources

The SIU obtained and reviewed the following records from other sources:

• Ambulance Call Reports – Toronto EMS;
• Incident Summary Report – Toronto EMS; and
• Paramedic Incident Reports – Toronto EMS.

Police officers, including SO #3, SO #1 and SO #2, arrived at the residence within minutes of the call. SO #3 knocked on the front door of the home but received no response. Some officers attended at the rear of the property for containment purposes. A basement apartment at the address was accessed, whereupon it was learned that it afforded no entry point to the Complainant’s residence on the main and second floor of the building. Feeling a growing urgency to enter the home to ensure the safety of the child, the decision was made to forcibly enter the residence. The time was about 2:47 p.m.

SO #3, SO #1 and SO #2 took up positions on the raised porch of the home around the front entrance. SO #3 opened, and kept open, the storm door, as Firefighter CW #2 placed himself directly in front of the interior door with a Halligan bar. Right of Firefighter CW #2, equipped with an axe, was CW #1. Behind the firefighters on the porch, and to SO #3’s right, were SO #2 and SO #1. Firefighter CW #2 tried to pry open the front interior door with his tool, and had just called on CW #1 to assist with the axe, when the door opened inward. The Complainant had opened the door and presented himself with a knife.

One or more of the officers on scene yelled at the Complainant to put down the knife as the firefighters recoiled from the door. The Complainant stepped out through the threshold of the door, the knife in his right hand held over his head, and was met by gunfire by each of SO #3, SO #1 and SO #2. He retreated back through the open storm door, but only for a brief time. Within a couple of seconds, the Complainant again approached the storm door, which had partially closed behind him, with the knife still in hand. He was told to “get on the ground” and was met by another barrage of shots by the subject officials as he continued to advance and pushed open the storm door onto the porch.

The Complainant collapsed onto the porch following the second volley of gunshots. An officer quickly started to apply CPR. Paramedics on scene took charge of the Complainant’s care and transported him to hospital where he was pronounced deceased.

It is unclear exactly how many shots each of the subject officials fired during the two bouts of gunfire. A count of the ammunition remaining in their weapons following the shooting indicates SO #3, SO #1 and SO #2 fired, respectively, three or four times, four or five times, and six or seven times. Thirteen spent cartridge cases were found at the scene.

Cause of Death

The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to ‘multiple gunshots to the torso’.

34 (1) A person is not guilty of an offence if

(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

(3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.