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 injury of a 46-year-old man (the “Complainant”).

Notification of the SIU

On September 1, 2022, at 7:06 a.m., the Toronto Police Service (TPS) notified the SIU of an injury to the Complainant.

The TPS reported that on August 31, 2022, at 2:27 p.m., TPS police officers arrested the Complainant for an assault. He was subsequently taken to the Toronto General Hospital (TGH) and diagnosed with a fractured nasal bone.

The Scene

The interaction between the Complainant and the police officers occurred in the hallway outside the Complainant’s apartment. The scene was not examined.

Video/Audio/Photographic Evidence [1]

The SIU searched for and obtained video records of relevance, as set out below:

• Video footage from the building manager’s office.

Video Footage from Manager’s Office During Meeting with the Complainant

The following is a summary of the pertinent footage.

On August 31, 2022, CW #1 was sitting behind a desk in the property manager’s office. To his left was the property manager. Sitting directly in front of CW #1 was the Complainant. It appeared there was a conversation between the Complainant and CW #1.

At 2:33:13 p.m., CW #1 stood up from his seat, and stepped to his left, left of the desk, while extending his left arm and pointing his left finger at the Complainant who stood up from the chair. CW #1 blocked the Complainant from going around the desk towards the property manager. CW #1 and the Complainant were standing facing each other on the left side of the desk.

The Complainant attempted to grab hold of CW #1’s right arm with his right arm. He pushed the Complainant in the chest, and the property manager stood up from behind the desk. CW #1 pushed the Complainant towards the entry way, and a struggle took place. The Complainant grabbed CW #1 by the neck and pushed him backwards; CW #1 fell. The property manager appeared to have a telephone in her hands. As CW #1 attempted to stand up, the Complainant punched CW #1 four times with his right fist, hitting CW #1 on the right side of the face.

CW #1 attempted to grab hold of the Complainant’s neck, and the property manager went around the desk and attempted to help CW #1 by grabbing the Complainant’s left elbow. CW #1 had a black flashlight in his right hand, and attempted to hit the Complainant with it. The Complainant pushed CW #1 into the chairs that were next to the desk. CW #1 fell to the ground. CW #1 got up from the ground, and the Complainant left the manager’s office. The property manager picked up the telephone and made a telephone call.

911 Call to TPS

At 2:25:10 p.m., the property manager called 911 to request that police and EMS attend the property. She was connected to an EMS dispatcher and asked for them to attend the property - a residence for people suffering from mental health issues. She explained there was a physical assault in the office and EMS was needed as soon as possible. She advised that the patient was in the office.

The property manager said CW #1, the owner of the property, was in the office and was very seriously assaulted by one of the residents [now known to be the Complainant]. The dispatcher tried to ask questions, but the property manager kept talking over her. The dispatcher sounded frustrated and asked the property manager to please listen to the questions she was asking.

A man [believed to be CW #1] was heard speaking in the background and said, “Hey, what’s wrong with her? We need the police and an ambulance now.” The property manager said she was with CW #1 and provided his age. She advised he was awake and breathing. The resident who assaulted CW #1 was the Complainant and she believed he had returned to his unit but was not sure. The property manager told the dispatcher they needed police ‘ASAP’. She was asked about possible weapons and said the Complainant had a flashlight. She confirmed there was no serious bleeding.

The police dispatcher asked where the Complainant had gone. The property manager said she was not certain where he went but believed he had returned to his unit. She provided his name and age.

The property manager stated she did not believe the Complainant was under the influence of drugs or alcohol.

Body-worn Camera (BWC) Footage – the SO and the WO

The following is a summary of the footage in its totality.

At 3:28 p.m., the footage began when a man entered a doorway. He had black hair and wore a white T-shirt and dark blue pants. The man showed the SO and the WO to a hallway leading outside to a rooftop patio; the door to the patio was open. The SO went outside onto the patio and looked around. The WO turned around and did not go out onto the patio.

At 3:29 p.m., the audio portion of the SO’s BWC came on. She looked through a glass patio door into a small bedroom, and was heard saying, “He’s not in there.” The WO’s image could be seen on the glass sliding door - he was outside next to the SO. The WO was heard saying that he would knock on the door.

Knocking could be heard on a door and the SO was heard saying, “Yup he’s in there.” A man [now known to be the Complainant] appeared. He looked through the glass patio door at the SO as he approached the door to his unit. The SO said, “He’s got nothing in his hands.”

The WO could be heard saying, “Hello, Toronto Police, sir, alright. I will be placing you under arrest for assault of the management there. Please turn around and put your hands behind your back, alright.” The SO was entering the hallway when the WO was speaking to the Complainant. The WO pushed the door open with his left hand, and the Complainant turned around and placed his hands behind his back. The SO was heard asking the Complainant which name he preferred to identify himself.

The WO had his handcuffs in his right hand and took hold of the Complainant’s left hand with his left hand. As the WO attempted to apply the handcuffs, the Complainant pulled away and turned around facing the WO. The WO was heard saying, “Hey, what are you doing? Put your hands behind your back.” The Complainant responded, “No man, give up the act,” with his arm and finger extended towards the WO. The WO was seen putting his cuffs away. The Complainant screamed, “Get out of here.” The SO said the Complainant’s name in a calm voice. The Complainant screamed, “Shut Up! Fuck you.”

The Complainant attempted to close the door but was prevented from doing so by the WO. The Complainant pushed the WO in the chest. The WO grabbed the Complainant’s wrists. The WO was just inside the threshold of the door; the SO was in the hallway. The SO again said the Complainant’s name. The Complainant was heard saying to the WO that he was a freak and a fraud. As the struggle continued, the Complainant was heard swearing at the WO and the SO. He called the WO a goof, a Halloween piece of shit, and a clown.

At about 3:30 p.m., the SO’s black glove was seen grabbing the Complainant’s left forearm. Shortly thereafter, the Complainant was taken to the ground by the officers onto his stomach. The SO had both of her gloved hands on the Complainant’s left wrist. The Complainant’s head was turned towards the SO. He was heard saying, “You wait, you wait.” The SO calmly said, “Okay…” The WO took out his handcuffs with his right hand and controlled the Complainant’s right wrist with his left hand. The Complainant was heard saying, “You’ll see who’s boss, you fucking [racial slur]. You fucking [racial slur], you fucking [racial slur].” The WO affixed one handcuff onto the Complainant’s right wrist behind his back. The SO was heard telling the Complainant to relax. The Complainant then said, “Who paid for your uniform, who paid for your uniform?” The SO struggled to get the Complainant’s left arm behind his back. The WO was heard saying, “Give us your hand dude,” and the Complainant replied, “Fuck you.” The WO repeated the command and the Complainant kept saying, “Fuck you, fuck you, fuck you.” The WO dropped his right knee four times onto the back of the Complainant’s upper legs. The SO was still struggling with the Complainant’s left arm, which was tucked under his chest. The WO still had control of the Complainant’s right wrist with his left hand. The WO and the SO repeated commands to no avail.

At about 3:32 p.m., the SO’s right leg was across the Complainant’s left side with her right knee bent into the Complainant’s lower head and neck area. She was still trying to control the Complainant’s left hand. The WO yelled, “Give us your hands.” The Complainant replied, “Hey rookie, give up, give up, get off me. Hey rookie, tap out. I’ll kill your family.” The SO expanded her baton and tried to pry the Complainant’s left hand out from under his chest. He yelled, “Rookie, you can’t handcuff me! Get off! Get off! Call the military, they’re all under arrest! Kill every one of them.” The SO, still struggling, dropped her right knee onto the Complainant’s head and her left knee in the middle of his back. She attempted to get control of the Complainant’s left hand with her baton. She took her left knee off his back and placed her foot to the right of the Complainant’s shoulder. The officer moved her left knee to the Complainant’s left shoulder; she attempted to lift it and then kneed the Complainant near the right shoulder and said, “Stop, give me your arm, give me your arm.” The Complainant yelled, “They kneed me in the face! They kneed me in the face! She kneed me in the face.” The SO was still struggling and kept requesting that the Complainant give his left arm. The Complainant was yelling, “You’re on camera, look up, look up, you’re on camera, you’re on camera, you’re on camera.”

At 3:35 p.m., the SO had control of the Complainant’s left arm; she brought his left wrist over and it was handcuffed by the WO. The WO held the Complainant down with his right wrist and left elbow, and said, “Your nose is fucked up, eh. Fucking idiot.” A small amount of blood could be seen on the floor. The SO was heard saying, “We’ll get you an ambulance.”

The Complainant started screaming, “Kill them,” and continued screaming and yelling. Blood could be seen in the Complainant’s left nostril.

The SO went out onto the rooftop patio looking for the safest way to take the Complainant down the stairs. Once outside, the SO was heard over the radio requesting an ambulance and an extra unit. The Complainant was still heard screaming in the hallway. The WO appeared to have his right knee on the Complainant’s right thigh and his right hand in the middle of the Complainant’s back. A pool of blood could be seen on the floor left of the Complainant’s head.

The SO was heard on the radio advising what floor they were on. Moments later, two additional TPS police officers arrived. She advised the two police officers that it was a struggle to get the handcuffs on and that they needed help in carrying the Complainant down the stairs.

The WO asked the Complainant if he would walk, and the reply was, “No, fuck you.” The WO started to tie his legs together.

The Complainant subsequently decided to walk down the stairs, all the while swearing at the police officers. The SO followed behind.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS between September 1, 2022, and October 5, 2022:

• BWC footage – the SO;
• BWC camera footage – the WO;
• Procedure - Arrest;
• Procedure - Use of Force.
• Notes- the SO;
• Notes- the WO; and
• Occurrence Report.

Materials Obtained from Other Sources

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

• The Complainant’s medical records from TGH.

The material events in question are clear on the evidence collected by the SIU, including video footage that captured the incident.

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,

The Complainant was seriously injured in the course of his arrest by TPS officers on August 31, 2022. One of the arresting officers – the SO – was identified as the subject official in the ensuing SIU investigation. The investigation is now concluded. 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 injury.