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.

 

The Team

Date and time team dispatched: 2023/07/25 at 3:54 a.m.

Date and time SIU arrived on scene: 2023/07/25 at 5:30 a.m.

Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned (FIs): 1

 

Affected Person (aka “Complainant”):

42-year-old male; interviewed; medical records obtained and reviewed

The Complainant was interviewed on July 26, 2023.

Subject Officials (SO)

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

The subject official was interviewed on August 15, 2023.

Witness Officials (WO)

WO #1 Interviewed
WO #2 Interviewed
WO #3 Notes reviewed, and interview deemed not necessary
WO #4 Notes reviewed, and interview deemed not necessary
WO #5 Notes reviewed, and interview deemed not necessary

The witness officials were interviewed on July 26, 2023.

On July 25, 2023, at 8:02 a.m., a SIU FI attended the McDonald’s restaurant parking lot at Derry Road and Goreway Drive, Mississauga, where a confirmed CEW deployment had occurred. PRP police officers pointed-out where spent CEW cartridges were, as well as the Complainant’s footwear. Scene photographs were taken, and a scene drawing was completed. Collected were four CEW probes, two CEW cartridge cases and a pair of men’s flip-flop black sandals. The scene was measured for a planned drawing.



Figure 2 - CEW probe and wire

Scene Diagram

Physical Evidence

At 9:32 a.m., on July 25, 2023, the SIU FI attended PRP headquarters where photographs were taken of the knife that was in the Complainant’s possession.

Forensic Evidence

CEW Deployment Data – The SO

At 8:53:35 p.m., [2] July 24, 2023, the trigger was pulled, and Bay 1 was deployed. Electricity was discharged for 2.857 seconds.

At 8:53:38 p.m., the trigger was pulled, and Bay 2 was deployed. Electricity was discharged for 4.942 seconds.

Video/Audio/Photographic Evidence [3]

Body-worn Camera Footage

The SO

On July 24, 2023, at 8:53 p.m., the SO was captured on foot travelling north on Goreway Drive in the curb lane of traffic approaching the McDonald’s Restaurant entrance. The Complainant was walking north on the sidewalk in bare feet towards a police officer in uniform - WO #2 - who was on the northside of the entrance driveway. The SO raised his hands, with his CEW drawn and pointed it at the Complainant, who walked towards WO #2. The Complainant turned left towards the street and began to fall to the ground. At the same time, a male’s voice yelled, “Drop the knife now,” and wires could be seen by the SO’s BWC. The Complainant hit the ground on his back. WO #1 yelled, “Drop it,” and the SO yelled, “Drop it.” The Complainant had both his arms on top of his stomach, and he lay on his back. The SO yelled at the Complainant to drop the knife as he moved closer. The Complainant’s left arm was across his stomach, and his right hand was down his right side with a knife in his hand. A police officer reached down and removed the knife from the Complainant’s right hand, after which police officers moved it to put handcuffs on the Complainant. The SO moved back and called for an ambulance.

 

WO #5

On July 24, 2023, WO #5 had his BWC activated as he drove a PRP police vehicle. He arrived at the McDonald’s located at Derry Road East and Goreway Drive. The officer supplied two evidence bags, and a knife was placed in one. He was asked to return to the residence in the area of Derry Road and Goreway Drive to tape-off the scene and get particulars of civilian witnesses. He left the evidence bags and contents on top of a cruiser and proceeded to the residence.

 

WO #2

On July 24, 2023, at 8:33 p.m., WO #2 was captured exiting his police vehicle and walking up to a house where WO #1 was speaking to people in the driveway. WO #1 and WO #2 walked up the driveway to examine a car. WO #1 subsequently knocked on the side door. A female answered. WO #1 spoke to her, after which the female went into the basement.

The Complainant came out of the basement and spoke to WO #1 and WO #2. WO #2 asked the Complainant to tell him what happened, and the Complainant said, “Nothing.” WO #2 cautioned the Complainant for ‘impaired operation’. The Complainant said he did not know what happened. He stated he did not drive a car. WO #1 asked the Complainant if he had any medical conditions, and he requested a piece of identification. The Complainant gave verbal identification and his date of birth. The Complainant advised he was a suspended driver, and recently got out of jail. WO #1 asked the Complainant if he had been drinking, and the Complainant said, “No.” The Complainant lit a cigarette, and WO #1 told him to put it out, as he was going to be arrested.

At 8:50 p.m., WO #1 told the Complainant he was under arrest for ‘impaired operation’. The Complainant walked around and told WO #2 and WO #1 to stay away from him. The Complainant walked towards the backyard and into a neighbouring yard. As he walked, the Complainant pulled a knife from his right pocket with his right hand. He walked through the gate and turned right down a walkway. WO #1 and WO #2 followed the Complainant. WO #1 had her CEW out and both officers yelled at the Complainant to drop the knife. The Complainant ran and WO #1 and WO #2 followed behind him to Goreway Drive. The Complainant ran south through live traffic to get away and then west to a McDonald's, where he went south at Goreway Drive.

At 8:53 p.m., as WO #2 reached the entrance/exit to McDonald’s from Goreway Drive, a marked police vehicle with its emergency lights activated was captured stopped facing south on Goreway Drive in the northbound lanes. The police vehicle was operated by the SO. WO #2 continued south and yelled for the Complainant to drop the knife.

 
The SO exited the police vehicle, leaving the driver’s door open, and walked towards the sidewalk. WO #2 drew his pistol and yelled at the Complainant to drop the knife. The Complainant began to walk north towards WO #2 from the driveway south of the McDonald’s. The SO was to the south of the Complainant with both arms up. WO #2 retreated backwards and yelled at the Complainant to drop the knife, as did the SO and WO #1. As the Complainant reached the centre of the driveway, the sound of a CEW being deployed could be heard. The Complainant fell onto his back in the middle of the McDonald’s Restaurant entrance.

 
The Complainant still had the knife in his hand and all three police officers yelled at the Complainant to drop the knife as they moved closer. Someone said, “He is snoring.”

 
Police officers moved in, and the knife was taken away. The Complainant was rolled onto his front by WO #1, and his arms were put behind his back and handcuffed. The Complainant was monitored and held down on the ground while police called for an ambulance to attend. WO #1 removed CEW probes from the Complainant.

WO #4

On July 24, 2023, WO #4’S BWC was activated as he drove his police vehicle with the emergency lights acted. He stopped his police vehicle, exited, and ran across Derry Road East with his partner WO #3. He yelled commands to “stop” and “drop the knife”.

The Complainant lay in the McDonald’s driveway located at 3510 Derry Road East. The Complainant was on his back with a knife in his right hand. Multiple commands were yelled for the Complainant to drop the knife. The SO had his CEW drawn, and WO #1 had her pistol out and pointed towards the Complainant. WO #2 stood next to WO #1.

 
The SO holstered his CEW and stated that the Complainant was unconscious and snoring. The SO approached the Complainant and removed the knife from his hand.

 
The Complainant was placed into the recovery position, CEW prongs were removed, and the knife was placed inside an evidence bag provided by WO #4. EMS arrived on scene.

Video Footage - McDonald’s Restaurant

On July 24, 2023, at 8:51 p.m., the Complainant was captured running south on the west side parking lot towards the exit onto Goreway Drive. The Complainant ran to the exit and continued to run south on the east side of Goreway Drive. A uniformed police officer - WO #2 - ran after the Complainant.

 
At 8:51 p.m., WO #1 ran into the picture by the drive-through lanes with a CEW in her right hand.

 
At 8:52 p.m., WO #2 pulled out his CEW and pointed it. WO #1 walked in the parking lot towards WO #2. WO #2 walked backwards on the sidewalk towards the McDonald’s driveway, and towards WO #1. The Complainant walked on the sidewalk towards the McDonald’s Restaurant followed by a uniformed police officer - the SO. WO #1 backed up in the parking lot. The Complainant stood on the sidewalk in the middle of the exit when he suddenly fell to the ground. WO #1, WO #2, and the SO, walked towards the Complainant.

 
A marked police vehicle arrived south on Goreway Drive and two uniformed police officers – WO #4 and WO #3 - exited and ran over to assist. Three of the police officers knelt to administer first-aid and one removed something from the scene.

 
The Complainant remained on the ground until EMS arrived at 9:05 p.m. and took over care.

Communications Recordings

On July 24, 2023, at 8:20 p.m., a man called 911 advising that the Complainant was drunk and had performed stunt driving maneuvers in the area of Derry Road and Goreway Drive, striking a parked car. A description of the involved vehicles was provided.

At 8:32 p.m., police officers were on scene and the telephone line was disconnected.

WO #1 requested a computer check on a licence plate and the Complainant.

At 8:51 p.m., WO #1 broadcast that she had tried to put the Complainant into custody, and he had fled with a switchblade. A radio silence was put in place. The Complainant ran down Derry Road and into traffic.

At 8:52 p.m., WO #1 was at the McDonald’s lot at Goreway Drive and Derry Road East.

At 8:53, WO #1 was southbound on Goreway Drive. WO #3 broadcast that the Complainant was in custody.

At 8:55 p.m., the SO requested an ambulance for the Complainant who had been, “Tased,” on the McDonald’s lot.

Materials Obtained from Police Service

The SIU obtained the following records from the PRP between July 25, 2023, and September 7, 2023:

• BWC footage;
• CEW deployment data;
• Communications recordings;
• Video footage – MacDonald’s;
• Incident Details Report;
• Incident History;
• Incident Response Policy;
• PRP Criminal Investigations Policy;
• Motor Vehicle Collision Report;
• Person Details Report – the Complainant;
• WO #1 - Notes;
• WO #3 - Notes;
• WO #5 - Notes;
• WO #2 - Notes;
• WO #4 - Notes; and
• Training Record - the SO.

Materials Obtained from Other Sources

The Complainant’s medical records were received from the Etobicoke General Hospital on July 31, 2023.

 
An Ambulance Call Report was received from the Peel Regional Paramedic Services on September 5, 2023.

 
In the evening of July 24, 2023, PRP officers were dispatched to a residence in the area of Derry Road and Goreway Drive, Mississauga. There had been a 911 call reporting that an inebriated Complainant had operated his vehicle on the roadway and struck a parked car.

WO #1 and WO #2 arrived at the residence to investigate. They spoke to the Complainant outside the house, concluded that he was intoxicated, and informed him that he was under arrest for driving while impaired. The Complainant objected to his arrest and asked to be left alone. He produced a switchblade and fled into the neighbour’s backyard, after which he exited onto a footpath through a backyard gate. The officers chased after him ordering him to stop and drop the knife.

The Complainant ran westward a short distance and then crossed Derry Road East, entering the parking lot of a McDonald’s at the southeast corner of its intersection with Goreway Drive. He continued south down the parking lot and then west towards the restaurant’s entrance/exit drive off of Goreway Drive, where he turned left to travel south.

The SO was in the area and had heard a radio transmission about the foot pursuit. He drove south on Goreway Drive and stopped his cruiser in the northbound curb lane south of the entrance/exit drive of the McDonald’s. The officer confronted the Complainant, who turned to walk away from him on the east sidewalk. WO #2 and WO #1 were on scene by this time, the former on the east sidewalk a short distance north of the Complainant, the latter east of the Complainant on the McDonald’s parking lot. The SO took several steps in the Complainant’s direction and fired his CEW. Only one of the two probes struck the Complainant, who flinched but remained standing. The officer fired his weapon again. This time, the Complainant’s body locked-up and he fell backwards, striking the back of his head on the pavement.

 
The blow rendered the Complainant unconscious. Officers moved in, removed the knife from the Complainant’s right hand, and placed him in a recovery position while waiting for the arrival of paramedics.

The Complainant was taken to hospital and diagnosed with a brain bleed.

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.

Pursuant to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law.

The Complainant was subject to arrest at the time the SO fired his CEW. The police had reason to believe that he had operated a motor vehicle while under the influence of alcohol. Moreover, he had brandished a knife at officers when they attempted to take him into custody.

With respect to the SO’s use of the CEW, I am satisfied that it was legally justified. As his flight from police suggested, the Complainant was determined to avoid apprehension. He was also in possession of a switchblade, a weapon capable of inflicting serious bodily harm and death. In the circumstances, it made sense to try to temporarily incapacitate the Complainant from a distance as a physical engagement at close quarters risked harm to the officers. Moreover, the Complainant had by that time been given reasonable opportunity to drop the knife, as directed by the police, and he was within several metres of the surrounding officers. While the use of a CEW always risks injury by way of an uncontrolled fall by the subject, it would appear that the SO’s decision to deploy the weapon represented a reasonable weighing of that risk with the countervailing dangers associated with not using the weapon when he did.

 
In the result, while it is most unfortunate that the Complainant struck his head and suffered a serious injury with the use of the CEW, I am satisfied that the SO comported himself within the limits of the criminal law throughout their engagement. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.


Date: November 21, 2023


Electronically approved by

Joseph Martino
Director
Special Investigations Unit