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: 10/13/2022 at 8:00 p.m.

Date and time SIU arrived on scene: 10/13/2022 at 9:40 p.m.

Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 2

Affected Person (aka “Complainant”):

32-year-old male, deceased

Civilian Witnesses

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

The civilian witnesses were interviewed between October 13, 2022, and November 7, 2022.

Subject Officials

SO Interviewed, but declined to submit notes, as is the subject official’s legal right

The subject official was interviewed on December 8, 2022.

Witness Officials

WO #1 Interviewed
WO #2 Interviewed
WO #3 Interviewed
WO #4 Not interviewed, but notes received and reviewed
WO #5 Not interviewed, but notes received and reviewed
WO #6 Not interviewed, but notes received and reviewed
WO #7 Not interviewed, but notes received and reviewed
WO #8 Not interviewed, but notes received and reviewed
WO #9 Not interviewed, but notes received and reviewed

The witness officials were interviewed between October 18, 2022, and October 21, 2022.

Service Employee Witnesses

SEW Interviewed

The service employee witness was interviewed on November 7, 2022.

The Complainant, deceased, was located near a chain-link fence. The fence ran in an easterly direction from the east wall of the building and was .84 metres south of the northeast corner. The Complainant was covered with an orange-coloured sheet. He was located lying on his back with his head towards the west and his feet towards the east. He was wearing a blue pattern T-shirt, multi-coloured shorts, blue socks, and a black knit glove on his right hand. EKG pads were on his torso and legs.

The top rail of the fence was bent, and it appeared that it had been struck during the Complainant’s descent.

Scene 2 was an apartment located on the 16th floor. The door to the apartment opened inward and had a key in the deadbolt lock. The apartment consisted of three bedrooms, living room/dining room combination, small kitchen area and bathroom. The living room was cluttered with items pushed into the centre. A futon frame without mattress pad was in this room. The door to the outdoor balcony was in the dining room and open.

The outdoor balcony had a metal railing around its perimeter and black mesh screening from the balcony railing to the ceiling.

The windows were open in each of the bedrooms.

On the floor of the hallway was a portable drill with a large circular hole-cutting bit. In the middle bedroom on the bed was a tactical extension pole mirror. The hall floor in front of the northeast bedroom was littered with door pieces and saw dust. The door to the bedroom opened inward and had four large circular holes in the upper middle of the door. There were breaks to the outer panel of the lower portion of the door consistent with strikes. The furniture items of the northeast bedroom were all piled in front of and against the south wall. The room window was on the east wall, and it measured about 1.3 metres x 1.5 metres. The lower portion of the window slide opened from the right (south) to the left (north). The opening was about 51 centimetres high x 55 centimetres wide. The mattress pad for the futon was inserted over the base of the window and was partially in and partially out of the window. The upper portion of the window was smashed with shards of glass still intact in the window frame.




Figure 2 – Window with mattress pad

The roof top of the apartment complex was accessed. Two police tactical lines were found anchored on the west side of the roof with the line packs on the east side. This area was photographed and released to the TPS.

The exterior surface of the apartment complex was covered in a metal siding with smaller vertical ridges. The construction of this material would have made it extremely difficult if not impossible to attempt an exterior descent or ascent.

Video/Audio/Photographic Evidence [2]

Communications Recordings

911 Calls

At 4:26 p.m., a man reported that someone [now known to be the Complainant] was throwing items out of the top floor window of an apartment building. He said there was an air conditioner and clothing, and added he feared someone was going to be injured or killed.

At 4:29 p.m., another man called and reported the Complainant was “launching shit” out of the window and he feared someone on the playground was going to be injured. It was apparent the man and the first caller were co-workers.

At 4:31 p.m., a woman called 911 and reported items were landing on the playground.

Police Radio Transmissions

At 4:29 p.m., the dispatcher asked for police officers to attend the call. There was no response. The dispatcher again asked for police officers to attend the call, and added that the items included a pillow with blood on it.

At 4:37 p.m., WO #4 offered to attend the call. A second police officer, WO #3, was also dispatched. The theft call he had been on was held.

At 4:38 p.m., WO #5 was dispatched.

At 4:42 p.m., WO #4 said a lot of items had been thrown out, and were still coming out, from what he estimated was the 15th or the highest floor. He said the police officers were going to need to go into the unit, and he requested more police officers be dispatched. The dispatcher said 23 Division had some police officers clear. WO #4 said a crowd had gathered. WO #4 said items that could “actually hurt people” were being thrown out of the window.

At 4:45 p.m., the dispatcher at 23 Division sent three police units to the call. WO #4 requested the police officers who were just arriving to do crowd control while he and WO #3 went up to the apartment. He said they were with the superintendent and going to go up to an apartment on the 16th floor to make access. He said they were about to enter an apartment where a husband and wife lived.

At 4:48 p.m., a dispatcher called the ETF and asked them to monitor the radio call.

At 4:50 p.m., WO #4 said the apartment was not the unit and they were going to attend a different apartment [Scene 2]. The dispatcher said there was an earlier ‘Emotionally Disturbed Person’ call to the apartment in which the caller was paranoid. WO #4 said the Complainant was inside in a bedroom, had told the police officers to “fuck off”, and was not complying with commands. WO #5 said he was at the scene and to get ETF “rolling”.

WO #4 said the Complainant was not responsive and refusing to come out, and they did not know if there were any weapons in the room. He asked if ETF was “rolling”.

At 4:57 p.m., while the dispatcher was trying to call the day care centre, an officer was heard in the background asking someone to call for an ambulance to be on standby. A call was placed to Toronto EMS.

There were transmissions regarding where the window and balcony were facing.

A police officer said the Complainant had been “poking his head” out of the window.

A communicator reached someone at the day care centre, and they talked about parents picking up the children.

A male voice described the layout of the apartment unit.

At 5:05 p.m., a male voice, possibly that of WO #5, asked for the address to be checked through records. The dispatcher described the call from the Complainant earlier that afternoon.

An unknown voice identified the Complainant by name and date of birth, and a first name that he went by. There was some back-and-forth conversation in which it was said there was not a mental health concern, but the Complainant had been involved in assault and threats. The Complainant was being aggressive in the room and was about to drop a chair.

At 5:12 p.m. (ETF radio channel), a male voice mentioned the address and where it was situated, and indicated that they were en route now. Various transmissions regarding response and equipment followed.

At 5:13 p.m. (31 Division channel), an unknown officer said they were on the way. Arrangements were made for police officers to meet ETF in the lobby and there were communications regarding tactical paramedics.

The Complainant was reported to be still throwing items out of the window and moving larger objects to possibly barricade the door.

A male voice, perhaps WO #5, noted that the Complainant wanted to hurt people.

There was a conversation between WO #5 and responding ETF regarding the window and the relationship to the balcony.

At 5:21 p.m., the Complainant was said to be requesting to be shot by police.

There were transmissions regarding a CPIC (Canadian Police Information Centre) entry - “firearms interest police” - by York Regional Police.

ETF was reported to be on scene. There followed transmissions on the ETF channel regarding equipment, a drone, and a drill.

At 5:38 p.m., there was confirmation that tactical paramedics were on scene.

At 5:41 p.m., a male voice said the Complainant’s mother was on scene.

At 5:45 p.m., the Complainant’s head was out of the window and ETF were talking to him.

At 6:00 p.m., there was a request to move citizens back because they were “chirping” at the Complainant.

There was a brief transmission on the ETF channel that sounded like, “Mom’s up here.”

The dispatcher called WO #3 on a telephone line and confirmed he and WO #4 had not made it to the original call.

At 6:41 p.m., the Complainant was reported to have half his body and one leg outside the window. WO #5 sounded angry at the citizens outside and stressed the need to move them back. He requested that police officers on the ground have their BWCs [body-worn cameras] on as the Complainant hung out the window.

A male voice said the Complainant was hanging by one arm, and then said the Complainant was asking for help.

It was noted that the Complainant had fallen.

At 7:03 p.m., tactical paramedics were said to be tending to the Complainant.

At 7:09 p.m., the Complainant was pronounced deceased.

ETF Negotiations Audio Recording

The audio recording, about an hour and 16 minutes long, did not have time-stamps. The following is a summary of the recording.

WO #2 stated, “We can figure this out, you didn’t do anything. The only reason we are here is a bunch of things got thrown out the window. Not in any trouble. Concerned about your behaviour and that’s why we can’t leave. There is an ambulance downstairs to get you checked as I don’t think you’re not acting normally.”
WO #1 then stated, “What’s going on man, you know there is a school (inaudible), nobody wants to trap you inside. We want to help you. Do you want to talk to a doctor? Do you want some water? Sorry, I can’t hear you, can you speak up a bit? What happened today? Help me understand.”

At two minutes and 48 seconds into the recording, WO #2 asked, “You want to talk to your mom?” An unknown faint voice stated that his mom was downstairs. WO #2 stated, “Can’t just leave. I’m concerned about your safety. You threw an air conditioner down, that’s not good. There is a school down there man.” WO #1 continued, “[The Complainant], do you want to come out and talk to us? There are school kids down there, you don’t want anybody to get hurt.” The officer then spoke about getting a drink. There were overlapping voices, and talk about Kool-Aid and what might be in the refrigerator.
At five minutes and 16 seconds, the Complainant asked, “Where is your badge?” WO #2 responded, “My badge, I can’t show it to you here, but if you come out to the hallway, I will show it to you.” An unknown voice then stated that the Complainant was speaking with WO #1.

WO #1 asked the Complainant why he was so upset, and the Complainant responded by telling him to get out of his house. An unknown voice spoke of drilling a hole. WO #1 said, “You said you were thirsty. If we drill a hole in the door, we can give you a drink.” The Complainant replied that the hole should be drilled.

At six minutes and 47 seconds, WO #2 told the Complainant they were going to drill a hole, to stand back, and that there was a “bunch of stuff” that the Complainant would have to move to access the juice.

WO #1 told the Complainant, “No, don’t do that bud.” WO #2 told the Complainant that they were putting in the juice.

At seven minutes and 36 seconds, the Complainant asked why they were harassing him with a loud and agitated voice. WO #1 replied they were not trying to harass the Complainant. He noted that there was juice, but the Complainant would have to move the stuff to access it. WO #1 followed up with, “Nobody wants you to die.”

At eight minutes and 44 seconds, the Complainant asked where his brother was. WO #2 stated, “Nobody wants you to die man. We wanted to give you some juice.”

At nine minutes and ten seconds, WO #1 advised there were people on the ground “chirping” at the Complainant, and unknown voices said, “(inaudible) 31 down there.” WO #1 continued with reassuring statements: “I’m trying to help you, nobody wants to see you dead.”

At ten minutes and five seconds, the Complainant yelled, “Why are you guys doing this to me?” WO #2 stated, “Hey [the Complainant], we told you the reason we are here. We are just worried about all the stuff coming out the window. We want to get you down to the ambulance and make sure you are okay, but let’s start with some juice.” WO #1 followed with, “We just want to get you help,” and asked how they could help the Complainant.

At 13 minutes and two seconds, the Complainant asked for his mother. WO #1 replied that he would try and make that happen. The Complainant asked why they wanted to see him die, and WO #1 told him that nobody wanted that.

At 13 minutes and 40 seconds, an unknown voice asked if more information could be gleaned from the Complainant’s mother. There was a short conversation with the Complainant asking what they were doing in his house and telling them to get out. WO #1 replied that it was because “stuff” was thrown onto the ground.

At 14 minutes and five seconds, WO #1 asked the Complainant if the police had come to the home earlier.

At 15 minutes and 42 seconds, an unknown voice asked about the recorder being moved, after which WO #1’s voice was much clearer and louder. [3] WO #1 continued to speak with the Complainant and tried to get him to exit the bedroom, telling him that they were there to help.

At 17 minutes and 28 seconds, the Complainant asked for help. WO #1 asked how they could help, and repeated that they were trying to help. The conversation continued, and the Complainant asked why they were doing this to him. WO #1 replied they were only there to make sure he was okay.

At 18 minutes and 27 seconds, an unknown voice said the Complainant’s mother was on her way upstairs.

The Complainant stated, “You are forcing me to do this,” and followed up at 19 minutes and 33 seconds that he wanted to hear his mom’s voice. WO #1 confirmed that the Complainant wanted to hear her voice. The Complainant replied, “I just want to hear her voice, one time.”

WO #1 told the Complainant that his mother was very important to him and that she would not want to see anything happen to him.

At 22 minutes and 55 seconds, the Complainant made an inaudible statement about a helicopter.

At 23 minutes and 24 seconds, WO #1 stated, “Listen [the Complainant], if your mom was to come here and you come out, you can talk to her. We can bring her up once we find her.”

At 24 minutes and six seconds, the Complainant asked for the police to be called, and WO #1 told him that they were the police and were there to help.

At 24 minutes and 50 seconds, the Complainant made an inaudible statement, which ended with, “You’re forcing me to jump bro.” WO #1 replied that he did not want that to happen. A conversation continued about the Complainant’s mother with WO #1 assuring the Complainant that they had tried to contact her. During that conversation, WO #1 stated, “Oh don’t do that man, no. It’s really high here man, I don’t want you to slip. I don’t want you to fall.”

At 26 minutes and 58 seconds, the Complainant again asked what the police officers were doing there.

At 27 minutes and 45 seconds, and unknown voice advised he had spoken to the Complainant’s mother and provided information about his employer. She had indicated that they had never seen anything like this, but in the recent past there had been moments in the early morning in which the Complainant would smash things in his room. She explained there was no extensive use of alcohol or drugs that they knew of, and that the Complainant was not on medication. An unknown voice advised not to bring the Complainant’s mother up and to make sure she did not try and call the Complainant.

The Complainant made a statement, which was largely inaudible but contained, “You guys did it so well like (inaudible) like I kill myself.” WO #1 said he did not want that to happened and the Complainant said they were all part of the plan. WO #1 said there was no plan; they only wanted to make sure the Complainant was “good”. The Complainant said something inaudible that included the “phones so I can’t call for help”. Again, WO #1 explained that they were the police and that they were there to help. The conversation continued with the Complainant stating it was a set up and “like you rigged it, you fucked the internet so I couldn’t call for help, you guys are rigging the fucking internet”. WO #1 asked who the Complainant would like to call and the Complainant replied that was a good question. The Complainant then spoke about being trapped inside and WO #1 told him he was not trapped, and that the Complainant had put all the “stuff” against the door. The Complainant stated, “Well fuck, you have this shit rigged, you guys are doing something in my house, and I don’t know how the fuck you got in, you can say whatever you want I know, we all know the truth, who cares we all know the truth, you guys broke my computer.” WO #1 told the Complainant they did not do that, that he had thrown “stuff” out the window, and all they wanted was to make sure he was okay.

At 34 minutes and 15 seconds, the Complainant again asked where his mother and family was, after which he specifically asked for his brother. WO #1 asked what the Complainant’s brother’s name was, and the Complainant replied, “I can’t tell you that, you will go after him next. I’m getting blamed for shit I didn’t do. I’m at peace bro, I know what you’re doing, you are not admitting it, why today, why choose today.” WO #1 told the Complainant that some people thought he needed help and had called the police. The Complainant said, “You guys set me up so well,” and WO #1 explained that nobody had set the Complainant up and that they wanted to make sure he was okay and could see his family.

At 38 minutes and 17 seconds, and unknown voice asked about seeing the Complainant face-to-face. WO #1 asked the Complainant whether he could see him, and the Complainant replied he could not. The Complainant made a largely inaudible statement ending with, “If you give me a phone, I can call for help.” WO #1 asked who the Complainant would call as he said before that it would be the police and they were the police.

At 40 minutes and 50 seconds, WO #2 whispered about not wanting the Complainant to lean out the window as it was recessed and to use the mirror.

At 43 minutes and 23 seconds, the Complainant said, “I can’t believe this shit is happening in the world,” and then, “Let me see my mom so she can say (inaudible).”

At 44 minutes and 40 seconds, the Complainant stated, “(inaudible) it is so well played, it’s part of the big corporation, you are perfectly planning it,” and followed with, “You are all part of it.”

At 46 minutes and 25 seconds, WO #1 said in a low voice that the Complainant was talking about a plan and asked if the Complainant had a good relationship with his mother. An unknown voice replied, “It’s [redacted]’s call.” WO #1 then asked the Complainant what he wanted to say to his mother, and the Complainant responded, “I want to talk to her one last time.” WO #1 asked the Complainant, “One last time and what happens then man?” The Complainant responded by asking where his family was and then something about the crowd telling him to jump. He was told by WO #1 not to listen to them.

At 50 minutes and nine seconds, WO #1 stated, “[The Complainant], don’t do that man, don’t do that, that’s too far man, I don’t want you to slip, that’s not good man, that’s a long way to fall man, you don’t want to do that, don’t do that buddy, don’t do that, come on man, go back inside, that’s a long way to go man, go back inside it’s safer man, you don’t want to do that. [The Complainant], I’m afraid you are going to slip man.”

At 50 minutes and 40 seconds, the Complainant said, “Why are you guys doing this man?” WO #1 replied, “Go back inside man, I don’t want to see you slip. I don’t want to see that happen. [The Complainant], come on, go back inside.”

At 51 minutes and 27 seconds, WO #2 spoke with WO #1 in a hushed voice and said the Complainant was three-quarters of the way out.

WO #1 said, “[The Complainant], you know you are going to regret it if you do that man. It’s a long way down, there is no coming back from that man, there’s no coming back. You want to see your mom and tell her that you love her.” WO #2 said that the Complainant had spoken to people on the ground. WO #1 told the Complainant just to talk to him and “we are working on it, I don’t want to see you fall, I can’t live with that”.

At 52 minutes and 16 seconds, WO #2 said that the Complainant was “climbing back in”.

At 53 minutes and eight seconds, WO #1 stated, “You are making me nervous sitting like that man, I don’t want to see anything happen to you. That’s a long way down man.” The officer asked if the Complainant wanted to see a doctor.

At 56 minutes and 30 seconds, WO #1 asked the Complainant to go inside and talk at the door, and that this was not a safe situation.

At 59 minutes and 36 seconds, the Complainant asked how it was going to end and what was the plan. WO #1 said the only plan was to take the Complainant to the hospital to get checked, and that he was not going to jail.

At one hour and 14 seconds, WO #1 stated, “OK, don’t do that man, please, please don’t do that, okay, I’m afraid you are going to slip man. Don’t worry about anybody else down there, I’m talking to you.”

At one hour, two minutes, and 40 seconds, WO #1 asked the Complainant to come in and talk to his mother in the hallway where it was safe.

At one hour, three minutes, and 45 seconds, an unknown voice said that the Complainant’s mother was downstairs with police officers.

At one hour and 4 minutes, WO #1 said, “Don’t do that, go back inside. What I have been told is that your mom is in the lobby now, okay, your mom is in the lobby with the officers. If you come in, you can have a juice with your mom, okay, tell her face to face that you love her.” He further told the Complainant that his mother was upset and worried about him, that they would bring her up when he came inside, and that they could not let her see him like this. The Complainant was crying and yelling, and WO #1 promised him he could talk to his mom when he came inside.

At one hour, six minutes, and 44 seconds, the Complainant said, “Things are so dark man, I don’t know. No matter what there is no normal life for me.” WO #1 asked why that was and the Complainant replied, “You guys have the plan.”

At one hour, eight minutes, and 40 seconds, WO #1 told the Complainant not to do that, that he did not want to see him slip. The Complainant replied that they had been waiting for this.

At one hour, nine minutes, and 14 seconds, WO #1 stated, “When you sit like that it is a dangerous thing man, you could easily fall man. If you fall that’s it, if you fall you can never tell your mom how you feel.” WO #1 continued, “[The Complainant], come back inside man. It is a dangerous spot that you are in man, nobody here wants to see something bad happen to you. I don’t want you to get hurt, nobody here wants to see you get hurt. We want to see you talk to your mom, we want to see you tell her that you love her, tell her what’s going on. Come on, come on, don’t do that.”

At one hour, ten minutes, and 28 seconds, WO #1 stated, “Go back inside,” and the Complainant replied, “Oh my God, help.” WO #1 told the Complainant that they were trying to help.

At one hour, ten minutes, and 35 seconds, an unknown voice said, “I don’t think he can hang on very long, he’s slipping.” WO #1 told the Complainant they were trying to help.

At one hour, ten minutes, and 41 seconds, WO #1 said, “Fuck, oh fuck,” and WO #2 said that the Complainant had just fallen.

At one hour, 12 minutes, and 13 seconds, and unknown voice asked about opening the bedroom door. Unknown voices discussed whether anyone else was in the bedroom. It was decided to take a photograph of the door and then force it open and clear the room.

At one hour and 14 minutes, the SO had a conversation that included, “Right now they are checking to make sure there is nobody inside the apartment, they are trying to get through the door and then we will hand the scene over.” The conversation continued with the SO stating, “Hey [redacted], [redacted] at 7:00 p.m., the male fell out of the window. Yep, I took a picture of the door, and the team is going through to make sure nobody else is inside. Yep, he was hanging off the window ledge and slipped off.” The SO identified himself and then said, “[A]nd the time is now 7:06 on the 13th of October 2022. Male had jumped or slipped out of the window at 7:00 p.m.”

Video Recordings

In-car Camera System (ICCS) Recording - WO #3

The ICCS recording included audio from the in-car microphone and an external microphone affixed to the driver, WO #3. The recording commenced on October 13, 2022, at 4:40 p.m., and concluded at 6:44 p.m. The following is a summary of the recording.

Starting at 4:44 p.m., WO #3 arrived at the apartment building, parked in the rear parking lot, facing the south side of the apartment building, and exited the police vehicle and walked to the east.

Starting at 4:46 p.m., WO #3 and WO #4 walked west along the south side of the apartment building and spoke with a woman [now known to be CW #1] who provided the police officers with an inaccurate apartment number.

Starting at 4:47 p.m., WO #4 updated police dispatch. WO #3 and WO #4 spoke to a male [now known to be the Complainant]. Parts of the conversation were not audible, and no response could be heard from the Complainant. Both WO #3 and WO #4 attempted to establish communication with the Complainant. They introduced themselves by their first name, asked what was going on, said that they needed to speak with him, and asked him to come to the door.

Starting at 4:56 p.m., WO #4 told the Complainant that if he did not come out, the ETF would come and break the door down. WO #3 made a similar remark to the Complainant and told him that ETF would take down the door, so he should come out and talk to them.

Starting at 5:34 p.m., WO #2 of the ETF began to speak with the Complainant. He asked him what was going on, why he had thrown things out the window, and to come near the door so he could be heard. WO #2 told the Complainant he wanted to make sure they got him out safely, that there was an ambulance to look after him, and that they would get him to his doctor.

Starting at 5:43 p.m., WO #2 asked, “Why do you want to die?” He told the Complainant that he was not in any trouble, and that the reason the police were there was that stuff was thrown out the window.

From 5:45 p.m. until the recording concluded at 6:44 p.m., there was no audio. The video continued to show the south side of the apartment building from the parked police vehicle.

BWC and Cell Phone Footage – WO #4 [4]

The BWC video, starting at 4:42 p.m., was in colour with audio. The cell phone video was also in colour with audio but did not have any time-stamps to indicate start or finish. The cell phone video appeared to roughly pick-up from where the BWC footage ended. The following is a summary of the combined footage.

WO #4 was captured at the east side of the apartment building facing the day care playground, which had a large amount of debris on the ground.

At 4:44 p.m., WO #4 requested that more units attend, and clothing was observed to fall from the side of the building. WO #4 and WO #3 entered the main floor of the apartment and met CW #1 at the elevators. CW #1 provided the police officers with an apartment number.

At 4:49 p.m., WO #4 and WO #3 entered that apartment and began to search it. About a minute later, they were told by CW #1 what the actual apartment number was.

At 4:51 p.m., WO #4 knocked on the door to the apartment and announced, “Toronto Police,” and entered with WO #3 after no response. The first bedroom (most southern) door opened, and CW #2 exited and spoke with the police officers. CW #2 told them that his brother was in the bedroom, indicating the last room at the end of the hallway.

WO #4 and WO #3, at the southern end of the hallway facing the closed door to the bedroom at the end of the hall, began to speak with the Complainant. The police officers took turns speaking to the Complainant, who either did not respond or had an inaudible response for the most part.

At 4:53 p.m., WO #5 entered the apartment and, after a short assessment, requested that the ETF attend.

Both WO #4 and WO #3 had their conducted energy weapons (CEW) out. WO #3 subsequently transitioned to his firearm, both police officers still at the south end of the hallway. WO #4 and WO #3 continued to speak through the door to the Complainant. They asked him to exit the bedroom, what was wrong, to talk with them, and why he was throwing things out the window. No response was audible other than the Complainant telling the police officers to get out.

At 5:06 p.m., the Complainant asked about his mother and brother (CW #2). WO #4 told him his brother was in the hallway.

At 5:09 p.m. the BWC footage ended.

WO #4 placed a cell phone on the floor, facing down the hallway towards the closed bedroom door. Two minutes and 35 seconds into the video, WO #4 asked the Complainant a series of questions about his mother and whether she was in the bedroom. The Complainant did not respond.

At four minutes and 15 seconds into the video, WO #3 repeated a police radio transmission that more items were coming out of the window. Both WO #4 and WO #3 continued to speak through the door to the Complainant, asking him to stop throwing items out the window and attempting to engage the Complainant in conversation.

At nine minutes and 31 seconds, the Complainant made an inaudible utterance, and WO #5 repeated that the Complainant wanted to be shot by police. WO #3 asked the Complainant if he wanted any food, and the Complainant replied that he was fasting.

At 11 minutes and 52 seconds, WO #3 said he could hear stuff being dragged within the bedroom. WO #4 picked up the cell phone and placed it in his vest pocket. No further video – only audio – was captured.

At 21 minutes and 55 seconds, WO #3 and WO #4 spoke with WO #2 of the ETF and provided background information. WO #2 introduced himself to the Complainant and asked him what was going on. WO #2 indicated he could not leave as the Complainant was throwing items out the window. He asked the Complainant to come closer to the door so he could hear him. WO #2 told the Complainant that he wanted to get him out safely, after which the cell phone audio concluded.

BWC Footage – Officer #1 [5]

The following is a summary of the footage captured by Officer #1’s BWC in connection with the incident.

At 4:47 p.m., Officer #1 arrived in a nearby parking lot and walked to the northeast corner of the property.

At 5:27 p.m., Officer #1 met with the Complainant’s mother outside of the apartment building and had a conversation that was not audio-recorded.

At 5:28 p.m., Officer #1 and the Complainant’s mother continued their conversation at the front lobby in the presence of the building superintendents, with the audio now operational. He told the Complainant’s mother that she could not go upstairs at that time. The Complainant’s mother responded that she had received a text message from her son and showed Officer #1 the text message on her phone.

At 5:30 p.m., ETF police officers – WO #1 and WO #2 - arrived in the lobby and Officer #1 went with them to the 16th floor. All three police officers walked down the hallway, where CW #2 stood, and entered the apartment. Officer #1 returned to the hallway a short time later and spoke with CW #2. CW #2 told the Officer #1, “I heard loud banging and thought it was the wind. Then I was shocked when you guys knocked on the door. That’s pretty much it. I don’t know what is going on with him.” Officer #1 asked if the Complainant had any mental health issues, and CW #2 responded, “He’s private, very private.” WO #3 entered the hallway with a block knife set and asked CW #2 about a missing knife. He suggested it may have been in the wash. Officer #1 explained to CW #2 that the police were there to help his brother, that he had thrown things onto the day care playground, and that his mother was downstairs. He and a uniformed tactical paramedic asked CW #2 about any medications and the use of alcohol or drugs related to his brother, and were told that the Complainant kept to himself. CW #2 then entered an apartment next door to the scene.

At 6:12 p.m., on the 16th floor hallway, the Complainant’s mother was captured speaking with the SO and WO #2, who asked about the Complainant. Officer #1 walked away from the conversation towards the elevator. The Complainant’s mother was heard indicating that she did not know about any girlfriend and suggested that perhaps the issue was his work. WO #2 asked if the Complainant’s mother meant stress from work and she replied that she did.

At 6:14 p.m., Officer #1 took the elevator to the lobby and asked CW #1 to come and assist with access to the roof. Officer #1 and CW #1 took the elevator back to the 16th floor, where the Complainant’s mother was in the hallway with an unknown police officer. Officer #1 had a conversation with WO #5 in the hallway; however, the audio was muted. When the conversation ended, Officer #1 turned towards the elevator. The Complainant’s mother, CW #2, and CW #1 were all in the hallway. All of them went with Officer #1 into the elevator and down to the lobby. The audio started again and, at 6:21 p.m., they all entered the management office located off the main lobby. Officer #1 stated, “If you have any questions, feel free to let me know”.

At 6:23 p.m., WO #2 entered the office and spoke to the Complainant’s mother, telling her, if the Complainant called, not to answer and not to call him. He provided the same instruction to CW #2. At 6:27 p.m., CW #1 closed the management office door. The Complainant’s mother said she got a text message from the Complainant that included, “Someone’s trying to set the house on fire,” and she commented she thought it meant he had been cooking.

At 6:48 p.m., the Complainant’s mother walked out of the management office and met her daughter and her daughter’s husband, and they were all invited into the office by Officer #1. Officer #1 asked the Complainant’s sister if her brother, the Complainant, had any mental health issues. The Complainant’s sister looked at the Complainant’s mother, and then shook her head “no”.

At 6:53 p.m., Officer #1 opened the front entrance door and let in the Complainant’s father, his wife and another person, all of whom went into the management office. He explained that the police had received numerous calls about items thrown out of a window into the day care area below, and that it appeared the Complainant was in mental distress, but they did not know why. He explained that the police had been talking to him for hours, and they were trying to get a doctor to speak with him. At 6:57 p.m., the Complainant’s mother and CW #1 left the office to use the washroom. The Complainant’s father stated the Complainant smoked up all the time, and CW #2 added that one could not have a decent conversation with him at times.

At 7:03 p.m., the Complainant’s mother and CW #1 returned to the management office.

At 8:04 p.m., the Complainant’s mother, sister, and CW #1 again exited the office to use the washroom, and were followed into the lobby by Officer #1. At 8:07 p.m., the three women entered the elevator with another police officer and Officer #1 remained in the lobby.

BWC Footage – Officer #2

The following is a summary of the footage captured by Officer #2’s BWC in connection with the incident.

At 6:57 p.m., Officer #2 arrived and parked at the east parking lot entrance to the townhomes located nearby. He walked into the parking lot and then west along the north sidewalk, and had a short conversation with another police officer who was at the rear of the apartment.

At 7:01:20 p.m., Officer #2 returned to the entrance to the townhouses, and the video frame captured the east end of the apartment building. An audible police radio transmission said, “[Redacted], he’s hanging out.” Officer #2 turned away from the apartment building and completed a 360 degree turn to the right. A figure [now known to be the Complainant] was observed falling, about halfway down the height of the building. The video captured the fall to the ground and a metal crash was audible, like the striking of a chain-link fence.

Officer #2 made a police radio transmission, “[Redacted], the male just fell.”

The remainder of the video showed Officer #2 walking around the apartment complex, affixing yellow police tape, and providing instructions related to a perimeter for scene control.

The video concluded at 7:16:55 p.m.

BWC Footage – Officer #3 (TPS 23 Division on Perimeter Detail)

The following is a summary of the footage captured by Officer #3’s BWC in connection with the incident.

At 6:53:35 p.m., the angle of the BWC was moved upwards to include the top of the east end of the apartment building. The 16th floor windows were visible at the top of the apartment.

At 7:01:41 p.m., a dark vertical shape [now known to be the Complainant] was visible on the 16th floor window – the most northern window on the east side.

At 7:01:42 p.m., the Complainant began to fall downward and away from the apartment building.

At 7:02:09 p.m., two police officers and a tactical paramedic arrived at a chain-link fence that separated a day care centre playground from the apartment grass area. A paramedic knelt beside the Complainant and appeared to check for vital signs.

The Complainant was on the ground immediately south of the chain-link fence, inside the day care playground, with his head closest to the apartment. The top vertical metal support of the fence was down on the west side. Other police officers and paramedics attended around the Complainant with a stretcher brought to the area.

At 7:07:34 p.m., a blanket was placed overtop of the Complainant, and no further emergency medical attention was provided.

The following is a summary of a video recording of the event that was posted on YouTube.

The video began in the parking lot with views of parked TPS vehicles.

At one minute and five seconds into the recording, the vantage point changed to the walkway of an address with townhouses. The video frame was the east side of the apartment and the 16th floor windows located in the north corner of the building. Inside the northern window was a man [now known to be the Complainant] and in the southern window was a police officer [now known to be WO #1] holding a pole mirror extended out of the window. Both sliding windows were open, and the Complainant was leaning on a foam pad that was on the bottom of the windowsill.

The video moved to a uniformed TPS officer who was on the walkway near the townhouses. He asked for people to stay back as there was a person in crisis and the matter needed to be resolved.

The frame returned to the two 16th floor windows where the Complainant went back and forth from the window into the room, and appeared to be speaking with WO #1.

At eight minutes and 37 seconds, two TPS ETF officers were visible on the roof above the windows.

At 11 minutes and 39 seconds, the Complainant straddled the windowsill with one leg inside and one leg outside. The Complainant’s body was outside of the window, except for his left leg.

The video frame changed to the pathway where two uniformed TPS officers were placing yellow tape across the pathway and asking for people to stay back from the area.

The video frame returned to the apartment building but was obstructed by tree branches.

At 18 minutes and 19 seconds, a new vantage point, which appeared slightly more north, was obtained and a clear view of the windows returned. The Complainant was out of the window with his body facing the building and his right leg extended towards the ground. He then crawled back onto the windowsill and was mostly inside the room.

At 20 minutes and 30 seconds, the Complainant exited the window fully with his body facing the building, both feet at the top of the 15th floor window, and his underarms on the windowsill. He then pulled himself up, climbed with his feet back to the 16th floor window, and sat on the windowsill, half-in and half-out.

At 26 minutes and 25 seconds, the Complainant was back fully outside the window with his right foot on a small ledge just above the 15th floor window and holding onto the metal support that separated the windowpanes. At 26 minutes and 29 seconds, the Complainant started to reach down to the 15th floor window with his right hand, his left foot on the lower ledge, holding onto the window only with his left hand. The Complainant then scrambled up with his feet on the building momentarily while his left hand continued to hold the sliding window. The sliding window began to close about one-quarter shut while he was holding onto it.

At 26 minutes and 46 seconds, The Complainant lost his grip on the window and began to fall. The video frame showed him fall several floors down and did not capture the impact with the ground.

At 27 minutes and 13 seconds, the videographer ran towards Finch Avenue West, and stopped on the south sidewalk, just north of the east side of the building where several police officers were standing near a broken chain-link fence at the day care centre yard.

The video concluded at 30 minutes and five seconds.

The following is a summary of a CM Chat-Media video recording of the event that was posted on YouTube.

The person holding the cell phone from which the video was shot was situated to the east of the building, on a floor much lower than the 16th, or perhaps on the ground. The camera was pointed upwards to the east side of the building where there were windows but no balconies.

At the commencement of the video, the Complainant was hanging out of the window with his left foot about even with the top of the window of the 15th floor directly below the window he was hanging out of. There were police officers at the window to the left of the Complainant, which was open. The voices of men and women who were clearly close to the camera gasped. The Complainant hung further out of the window. He apparently grasped the window ledge with his hands and lowered his left leg to about even with the top of the 15th floor window. He let go of the 16th floor window ledge with his right hand and briefly held on to the window ledge with his left hand only. The voices said, “There he goes. There he goes.”

The Complainant grasped the window ledge for a few seconds and scrambled as if trying to use his legs to climb up the wall and back into the window. Someone said the Complainant was trying to climb back inside and someone said he was going to fall. The Complainant appeared to stand or hang briefly with both feet about even with the top of the window of the 15th floor. Someone said, “He can’t get back in.” He then hung briefly with just his left hand apparently hanging onto the 16th floor window ledge.

At the running time of 26 seconds, the Complainant appeared to have let go with his left hand and he fell. A woman screamed. The camera zoomed out. The Complainant was seen to fall three or four floors until he disappeared from view on the other side of a fence or building. The camera re-focused on the top few floors of the building. A person [now known to be a TPS ETF police officer] could be seen on the roof of the building.

Cell Phone Video

The video was uploaded to the SIU website. It was 24 seconds in length and was taken from Finch Avenue West facing the apartment building. The video showed the east side of the apartment building, including the windows of Scene 2, and clothing falling to the ground.

Materials Obtained from Police Service

The SIU obtained the following records from the TPS between October 14, 2022, and December 13, 2022:

• Policy - Persons in Crisis;
• Policy - Mobile Crisis Intervention Team;
• Policy - Emergency Task Force;
• Communications recordings;
• Event Details Reports;
• Occurrence Report;
• Supplementary Occurrence Report;
• Unit History Reports;
• ETF Crisis Negotiator Training Records;
• Notes of WOs;
• ETF negotiations audio;
• ICCS Footage;
• BWC footage (x4)
• Cell phone footage – WO #4
• Negotiating with Persons in Crisis – Training Program;
• Event Types and Priorities;
• Scene Photographs; and
• Involved Officers List.

Materials Obtained from Other Sources

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

• Preliminary Autopsy Report from Ontario Forensic Pathology Service;
• YouTube Video;
• Cell phone video; and
• CM Chat-Media video.

Cause of Death

The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to ‘Multiple Trauma’.

219 (1) Every one is criminally negligent who

shows wanton or reckless disregard for the lives or safety of other persons.

(2) For the purposes of this section, duty means a duty imposed by law.