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 section 14 (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.

 
Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

15-year-old youth; interviewed

The Complainant was interviewed on February 14, 2023.

Civilian Witnesses (CW)

CW #1 Not interviewed; statement captured on police body-worn camera (BWC) footage was obtained and reviewed
CW #2 Not interviewed; statement captured on police BWC footage was obtained and reviewed
CW #3 Not interviewed; statement captured on police BWC footage was obtained and reviewed
CW #4 Not interviewed; statement captured on police BWC footage was obtained and reviewed

Subject Official (SO)

SO Interviewed; notes received and reviewed

The subject official was interviewed on March 29, 2023.

Witness Officials (WO)

WO #1 Interviewed
WO #2 Interviewed
WO #3 Interviewed
WO #4 Interviewed
WO #5 Not interviewed; notes received and reviewed
WO #6 Not interviewed; notes received and reviewed

The witness officials were interviewed between February 14 and February 28, 2023.

Further north, on the west sidewalk of Bay Street near the entrance to a bank, was located a CEW probe.

In the area of 302 Bay Street, several exhibits, including CEW blast doors, a CEW probe and anti-felon identification disks, were located.

At 320 Bay Street, which had an alcove entrance, was located a police vehicle. The vehicle was a fully marked, 2020 Ford Explorer. It was orientated southwest onto the sidewalk. A Remington 870 12-gauge pump-action less-lethal shotgun was on the back seat of the vehicle. The less-lethal shotgun was painted orange and clearly marked as a less-lethal weapon. The breech and the magazine of the weapon were empty. There were two live Super Sock shot shells in the saddle mounted on the receiver.


Figure 2 - Remington 870 12-gauge pump-action less-lethal shotgun

The alcove area was examined and evidence of various CEW deployments was noted, including two CEW probes (Taser Model X2), two CEW probes (Taser Model 7), four CEW blast doors (Taser Model X2) and anti-felon identification disks.

Physical Evidence

Physical evidence collected included three shot shells, two less-lethal projectiles, three CEW blast doors, six Taser X2 probes, two Taser 7 probes, three anti-felon identification disks, three Taser X2 cartridges and one Taser 7 cartridge.


Figure 3 - CEW

Forensic Evidence

At the police station, the TPS provided the SIU the following police equipment to be examined.

CEW - WO #1

The data downloaded from this weapon indicated that it was fired, and cartridge one deployed, at about 11:30 p.m. [2] Two seconds later, the ‘Arc’ button was depressed. Nineteen seconds later, the weapon was returned to safe. [3]

 

CEW - WO #4

The data downloaded from this weapon indicated that it was fired at 11:41:00 p.m. for a charge duration of four seconds. [4]

CEW - WO #2

The data downloaded from this weapon indicated that Cartridge 1 was fired at 11:34:15 p.m. for a charge duration of five seconds, and Cartridge 2 was fired at 11:34:30 p.m. for a charge duration of five seconds. [5]

 

CEW - WO #3

The data downloaded from this weapon indicated that it was fired at 11:32:52 p.m. for a charge duration of nine seconds. [6]

Video/Audio/Photographic Evidence [7]

The SIU obtained seven BWC videos, four in-car camera system (ICCS) videos, and four BWC civilian statements related to the events prior to police arrival.

The communications audio was also obtained.

A video recording was obtained from the building at the northeast corner of Bay and Adelaide Streets, which captured the arrest.

BWC Footage

The SO

On February 13, 2023, starting at about 11:32 p.m., the SO was captured driving a marked police vehicle. Emergency lights could be seen in the foreground. He stopped facing westbound on the north side of King Street, west of Bay Street, beside a TTC bus. The officer exited the driver’s door at 11:32:31 p.m. holding a less-lethal shotgun. He turned to his left to face the back of his police vehicle. The Complainant was seen at the back driver’s side corner of the police vehicle. The view was obstructed by the butt of the less-lethal shotgun. The SO raised the less-lethal shotgun in a fashion to fire it; however, as the sound on the footage had not yet activated, one could not tell if it was fired.

The Complainant ran from the side of the bus back across the rear of the police vehicle and onto the north curb of King Street West. A police officer [now known to be WO #4] was captured on the sidewalk. The Complainant ran in a northeast direction across the northwest corner of King Street West and Bay Street, and then north on the west sidewalk of Bay Street. The SO chased him on foot.

Starting at about 11:33:03 p.m., a fully marked police vehicle was captured stopped and facing a building at 320 Bay Street - the west side of Bay Street just south of the southwest corner of Adelaide and Bay Streets. The SO placed his less-lethal shotgun on the hood of the cruiser and assisted with the arrest.

WO #4

WO #4 was a passenger in a police vehicle operated by the SO. The officer exited the front passenger door at 11:32:04 p.m., appearing to be low to the ground. A TTC bus was captured facing eastbound on King Street West and a fully marked police SUV was stopped in front of the SO’s vehicle, on an angle, at the rear of the driver’s side of the TTC bus.

The SO drove forward a very short distance with WO #4 out of the police vehicle. The officer caught up to the front right fender of the vehicle, which the SO had stopped. WO #4 turned counterclockwise to face the back of the police vehicle and the Complainant was captured running east on the north sidewalk beside the police vehicle. WO #4 turned and faced the Complainant with his CEW pointed at him. It appeared that WO #4 deployed his CEW. The Complainant ran off the sidewalk southward onto the street, and around the back of the police vehicle. The sound of three shots from a shotgun could be heard.

The Complainant ran from the rear of the police vehicle back onto the north curb and then in a diagonal northeast direction across the corner of King Street West and Bay Street. He continued to run north on the west sidewalk of Bay Street. A tall, uniformed police officer - WO #2 - ran in front of WO #4, both running towards the southwest corner of Adelaide and Bay Streets.

A fully marked police vehicle was captured stopped and facing the front of the building at 320 Bay Street. A police officer - WO #3 - ran into the alcove of the building and two other police officers came from the opposite side of the police vehicle. Shouting and the sound of the deployment of a CEW was heard.

WO #1

On February 13, 2023, at 11:27 p.m., WO #1 drove a fully marked police vehicle, which he stopped on Bay Street, south of King Street West. The Complainant was captured standing outside the driver’s door and then ducking. A voice shouted, “Drop the knife, get away,” from inside the police vehicle. WO #1 had his CEW in his right hand and, in conversation with WO #2, agreed they would not exit the vehicle. WO #1 broadcast that a young man was running around their police vehicle with a knife in his hand.

The Complainant appeared at the front of the vehicle, and WO #1 opened the driver’s door. Someone shouted, “Drop the knife.” The Complainant approached the door and WO #1 closed the door. The police officers, again, broadcast that the Complainant was running around their vehicle with a knife in his hand. The police vehicle then moved forward and made a 360-degree turn on the street.

Starting at about 11:31:44 p.m., emergency lights could be seen and the sound of sirens approaching could be heard. The Complainant ran off in a northwest direction towards Bay Street and King Street West. WO #1 broadcast that the Complainant had run west on King Street West from Bay Street.

Starting at about 11:32:07 p.m., WO #1 stopped the police vehicle at the rear driver’s side of a TTC bus facing eastbound on King Street West. The officer shouted, “Put the knife down,” and pointed his CEW out the driver’s window of his police vehicle. Someone was seen to pass the driver’s side of the police vehicle from front to back. WO #1 exited his police vehicle. As he moved to the back of the police vehicle, WO #2 was observed to run across the corner of King Street West and Bay Street in a northeast direction. WO #1 ran past a police officer [now known to be the SO] holding a less-lethal shotgun. The officer ran north on the west curb sidewalk of Bay Street; the SO ran past him.

Starting at about 11:33:11 p.m., WO #1 went into the alcove of the building at 320 Bay Street. The Complainant stood at a doorway on the east side of the alcove. A police officer to his right - WO #3 - deployed his CEW, after which WO #1 fired his CEW. The Complainant fell to the ground, and was handcuffed and arrested.

WO #2

On February 13, 2023, at 11:29 p.m., WO #2 was a passenger in a police vehicle operated by WO #1. The police vehicle stopped facing north on Bay Street, south of King Street West. The Complainant was seen in the rear view passenger side mirror at the back passenger side of the police vehicle.

Starting at about 11:30 p.m., the Complainant was captured standing at the passenger side of the police vehicle with his hands up, indicating he had nothing in his hands. The Complainant bent down, out of camera view, and WO #2 said, “Drop the knife.” The Complainant then stood up with a large knife in his left hand.


Figure 4 - Knife held by Complainant

The Complainant disappeared from the screen and a police officer broadcast, “The male is running around the police car with a knife in his hand, and he is trying to get in.”

Starting at about 11:31 p.m., WO #1 drove forward and made a 360-degree turn on Bay Street. The Complainant was momentarily seen at the passenger side of the police vehicle. The police vehicle started to travel north on Bay Street.

Starting at about 11:31:44 p.m., a police officer broadcast that the Complainant was running west on King Street West from Bay Street. The police vehicle stopped and faced west in the north curb lane. A TTC bus was seen stopped facing eastbound on King Street West. The Complainant walked from the back of the police vehicle down the passenger side to the front, and then back down the passenger side to the rear of the police vehicle. WO #2 shouted for the Complainant to drop the knife. The officer exited and ran northeast across the northwest corner of King Street West and Bay Street, and then northbound on Bay Street.

Starting at about 11:32:43 p.m., WO #2 shouted, “Taser, Taser,Taser,” and deployed his CEW. The Complainant, on the roadway, ran back onto the west sidewalk of Bay Street and continued to run north. WO #2 reached the corner of the building at the southwest corner of Adelaide Street and Bay Street - 320 Bay Street. Two other police officers - WO #1 and WO #3 - entered the building alcove and deployed their CEWs. The Complainant was arrested.

WO #5 and WO #6

On February 13, 2023, at 11:32:52 p.m., WO #5 was captured driving a police cruiser and making a left turn to face the front alcove of the building at 320 Bay Street. The Complainant was in front of the hood of the police vehicle. He moved into the alcove and both WO #5 and WO #6 exited the police vehicle. WO #6 was in possession of a less-lethal shotgun, which obstructed the view from his BWC. A number of police officers approached and apprehended the Complainant.

 

ICCS Footage

Cruiser Occupied by WO #1 and WO #2

On February 13, 2023, at 11:29:16 p.m., WO #1 broadcast the description of a suspect with a knife [now known to be the Complainant]. The Complainant was observed on the east sidewalk of Bay Street, north of King Street. Both WO #1 and WO #2 intermittently broadcast that the Complainant had a knife, that he was striking the windows of the police vehicle, and that they were not getting out of the vehicle. This went on for some time and commands were given to drop the knife.

WO #1 moved the police vehicle forward and made a 360-degree turn on Bay Street. The Complainant was given further commands when the police vehicle stopped. Emergency lights were seen, and the sound of sirens were heard as three police vehicles approached. The Complainant ran across Bay Street in a northwest direction and WO #1 broadcast that the Complainant was running west on King Street West.

WO #1 turned left onto King Street West. A TTC bus was captured facing east and stopped in the eastbound through lane. WO #1 drove towards a second TTC bus, stopped behind the first bus.

Starting at about 11:32:13 p.m., the Complainant appeared at the right side of the front windshield of the cruiser, near the north sidewalk, after which he left the camera view. The police vehicle remained stationary.

Cruiser Occupied by the SO and WO #4

On February 13, 2023, at 11:31:44 p.m., the SO was captured travelling southbound on Bay Street, from King Street West, with the emergency lights activated. A police vehicle was seen, stopped and facing northbound, in the east curb lane of Bay Street. The Complainant ran from the sidewalk behind the stopped police vehicle in a northwest direction across Bay Street, passing the driver’s side of the SO.

The SO made a U-turn and drove north on Bay Street, making a left turn onto King Street West. A TTC bus was stopped in the eastbound through lane of King Street. The SO drove slowly. As he passed the bus, the SO’s partner, WO #4, was heard to say that the Complainant was on the other side of the bus. There was a second TTC bus stopped behind the first TTC bus. The SO stopped behind WO #1’s police vehicle. The Complainant walked from the back of the first bus across the back of WO #1’s police vehicle and then towards the front of WO #1’s police vehicle on the passenger side. He then turned and ran eastbound on the north sidewalk of King Street West, out of camera view. WO #2 exited the passenger side of the police vehicle in front, followed by WO #1 from the driver’s side. The sounds of three shots were heard at 11:32:30 p.m. The SO’s police vehicle remained stationary.

Cruiser Occupied by WO #5 and WO #6

On February 13, 2023, at 11:32:20 p.m., WO #5 stopped at the northwest corner of Bay Street and King Street West. A TTC bus was stopped in the eastbound lanes of King Street West. Three seconds later, the Complainant was seen running from the rear driver’s side of a TPS SUV, which was stopped facing westbound by the driver’s side of the TTC bus. The Complainant ran north across King Street West to the north sidewalk, and out of camera view.

The SO appeared from the rear driver’s side of a police vehicle next to the bus. The officer pointed a less-lethal shotgun in the direction of the Complainant. There was no movement or sound to indicate whether the SO had fired the less-lethal shotgun, which he quickly lowered. Another police officer - WO #4 - was on the sidewalk. A third police officer - WO #2 - ran from further west on the north sidewalk and passed WO #4. The SO appeared to stop and make a broadcast on his radio.

WO #5 reversed his police vehicle. As the officer travelled north on Bay Street, he passed several police officers. WO #5 approached Adelaide Street and made a wide left turn, stopping to face the entrance and alcove of the building at 320 Bay Street.

Starting at about 11:32:50 p.m., WO #5 stopped his police vehicle as the Complainant ran into the front of the police vehicle. The Complainant placed his hands on the front hood of the police vehicle and was pushed back, but not off his feet. The Complainant ran into a doorway at the left side of the alcove, after which he faced the door and appeared to run on the spot. A police officer - WO #3 - entered the alcove from the left side of the screen and went across the front of the police vehicle and off the screen. A second police officer - WO #1 - entered the screen from the left side and, with his back to the camera, pointed and deployed his CEW at 11:33:09 p.m. The SO followed into the picture, and placed his less-lethal shotgun on the hood of the police vehicle. The Complainant was arrested.

Video Footage from of 320 Bay Street

The camera was mounted high on a building at the northeast corner of Bay Street and Adelaide Street, affording a view of the intersection, including the alcove at 320 Bay Street at the southwest corner of the intersection.

Starting at about 26 seconds into the video, the Complainant was seen to run north on the west sidewalk of Bay Street. As he approached the alcove of 320 Bay Street, a fully marked TPS police vehicle approached with its emergency lights activated north on Bay Street from King Street West. The cruiser made a wide left turn and stopped facing in a southwest direction towards the alcove. The Complainant appeared to slow the speed of his run and then run into the front hood of the police vehicle. The Complainant was pushed backwards by the police vehicle, but remained on his feet, after which he ran into the alcove and tried to open a door on the south side of the alcove. The Complainant appeared to run on the spot, as if he was frantic. A uniformed police officer - WO #3 - entered the alcove from the left side, went across the front of the police vehicle, and appeared to deploy his CEW at the Complainant. The deployment was unsuccessful, and the Complainant remained on his feet. A second police officer - WO #1 - entered the alcove from the left side and successfully deployed his CEW. The Complainant went to the ground and about six police officers converged on him.

Communications Recordings

On February 13, 2023, at 11:26 p.m., the TPS received numerous calls regarding a young man with a knife on the sidewalk, outside Union Station, on Front Street. A description of the Complainant was broadcast. Further information was received that the Complainant was chasing people on Front Street and Bay Street with the knife in his hand. It was unknown if there were any injuries. Officers were dispatched. Numerous other callers reported this incident, and someone from the TTC called and reported that the Complainant had held the knife up in his left hand.

Starting at about 11:31:16 p.m., WO #2 reported that the Complainant had hit the windows of their police vehicle with the knife in his hand. The police vehicle was stopped on Bay Street, and the officers were not getting out. WO #1 advised that officers should exercise caution as the Complainant was running around their vehicle with the knife in his hand.

Starting at about 11:31:57 p.m., WO #1 advised that the Complainant was running west on King Street West from Bay Street.

Starting at about 11:32:54 p.m., WO #4 advised that the Complainant was running north on Bay Street from King Street West.

Starting at about 11:33:41 p.m., a sergeant advised that the Complainant was in custody. The sergeant also advised that a CEW had been deployed, then corrected himself and advised that a less-lethal shotgun had been deployed. WO #2 requested an ambulance for CEW probe removal.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS between February 14 and March 21, 2023:

• Event Details Reports;
• Entity List;
• Involved Officer List and Roles;
• Notes - WO #1;
• Notes - WO #3;
• Notes - WO #2;
• Notes - WO #4;
• Notes - WO #6;
• Notes - WO #5;
• Notes - SO;
• The SO - Use of Force Qualifications;
• Prosecution Summary;
• Booking video;
• BWC footage;
• Communications recordings;
• ICCS footage;
• Interactions with the Complainant;
• Procedure - Arrest;
• Procedure - Incident Response (Use of Force - De-escalation); and
• Procedure - Bodily Worn Camera.

Materials Obtained from Other Sources

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

• Ambulance Report and Incident Report from the Toronto Paramedic Services; and
• Video footage from 320 Bay Street.

25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.