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: 2023/11/01 at 8:30 a.m.

Date and time SIU arrived on scene: 2023/11/01 at 12:09 p.m.

Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 0

 

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on November 1, 2023.

Subject Official

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

The subject official was interviewed on December 13, 2023.

Witness Official

WO #1 Interviewed
WO #2 Interviewed
WO #3 Interviewed
WO #4 Interviewed
WO #5 Interviewed

The witness officials were interviewed on December 8, 2023.

Body-worn Camera (BWC) Footage – The SO

The SO’s BWC footage started at 6:22 p.m. The SO and WO #2 were captured arriving at the address near Williams Parkway and Main Street North, Brampton. They met a group of men standing on the street in front of the residence. The men advised that the Complainant was alone inside the residence. He had threatened to burn the residence down with himself inside because of an argument over the non-payment of rent. They described his substance use, and that he was mad and aggressive. WO #2 updated the road sergeant of the situation. The SO and WO #2 approached the residence with their firearms drawn. They opened the front entrance door and the SO called-out to the Complainant to announce the presence of the police. He requested that the Complainant come downstairs with his hands raised above his head. The Complainant screamed down at them.

Starting at about 6:30 p.m., the Complainant threw an object down the stairs. The SO told WO #2 to transition to his CEW. Soon, the Complainant yelled, ‘‘Kill me man, kill me.’’ The officers announced on the radio that the Complainant was asking them to kill him. The Complainant said, ‘‘Okay, I leave.’’ The SO told him to raise up his hands and slowly come down. The Complainant yelled, ‘‘Come kill me then, I'm dying man, I'm already dead.’’ WO #3 and WO #4 arrived. They advised they would go around the side to the back of the residence. The SO advised the Complainant that everything would be okay, and he should just come down the stairs backward. Soon, the Complainant came into view as he descended backward with hands over his head. The SO told him to keep coming down, slowly.

At 6:33 p.m., the Complainant reached the main floor. The SO directed the Complainant to lay prone on the floor. The Complainant complied and laid flat on his stomach. His head and upper body were positioned in the kitchen area, and his lower body and legs were positioned in the hallway towards the front entrance door. The SO told the Complainant not to move as he began to holster his firearm. The Complainant began to move. He looked over his left shoulder and moved his hands to push himself up from the floor. The SO yelled, ‘‘Hey, don’t move.’’ He grabbed the Complainant by the back of his neck and shoulder area and straddled his back. A struggle ensued and the SO was bucked off the Complainant’s back, onto his right side, near the Complainant’s head. The Complainant got on his knees and attempted to stand. WO #2 bear-hugged him from behind and tried to get him back down on the floor. The SO delivered four quick strikes (punches) to the Complainant’s head and face area as he continued actively resisting and pushing up to get on his feet.

At 6:34 p.m., WO #3 entered the kitchen area and assisted in getting the Complainant under control. The Complainant's right arm was placed behind his back. There were droplets of blood on the kitchen floor. The Complainant continued to struggle and was told to stop resisting. Eventually, his left hand was placed behind his back and WO #4 handcuffed the hands. The dispatcher was advised the Complainant had been taken into custody.

Starting at about 6:35 p.m., the Complainant began to yell incoherently about not wanting to live. He was bleeding from the face. WO #2 began to search the Complainant on the floor. The Complainant began to apologize, stating that he missed his mother. WO #5 arrived and assisted with securing the Complainant. The SO soon advised that he had hurt his hand and the pain was killing him.

At 6:38 p.m., it was reported that no weapon had been found on the Complainant, but that the Complainant had tried to reach for something during the struggle with the officers.

At 6:39 p.m., the Complainant began to spit blood on the kitchen floor. WO #2 and WO #5 raised him to his feet and dragged him to a police vehicle where he was further searched. It was reported that no knife was seen on scene. The SO informed the officers, ‘‘He was fighting with us,’’ and, ‘‘Yah, I punched him, he was trying to reach for something on my belt.’’

At 6:43 p.m., WO #1 arrived. She asked the SO what happened. The SO explained that when they arrived the Complainant was upstairs. He yelled and threw something down the stairs. The Complainant kept saying ‘‘Come and shoot me, just kill me now.’’ The Complainant then came down and laid prone on the floor as he was told. As soon as officers got on top of the Complainant to handcuff him, he began to flail his hands and legs. The Complainant threw the SO off his back and WO #2 jumped on him to hold him down. The SO tried to get back up to control the Complainant, but he reached for and pulled the SO’s police vest apart and lunged at him. The SO then delivered several strikes with his closed hand to regain control of the Complainant.

At 6:45 p.m., WO #5, who had been listening with other officers, asked the SO, ‘‘Did he grab at your belt? Disarm police officer too?’’ The SO replied, ‘‘That would be an appropriate charge as well.’’ Shortly, an ambulance arrived. WO #1 got an ice pack from the ambulance for the SO and advised him he would likely require an X-ray.

 

BWC Footage - WO #2

Stating at about 6:34 p.m., WO #3 was seen with the SO and WO #2 in the residence. One of the officers, who could not be identified, yelled ‘‘I've got a hand.’’ The Complainant said, ‘‘Okay, okay.’’ The SO said, ‘‘Stop fucking fighting.’’ WO #3 said, ‘‘Stop resisting,’’ as the Complainant’s left arm was brought behind his back. WO #3 asked, ‘‘Who is bleeding?’’ The SO responded, ‘‘He is.’’

At 6:35 p.m., the Complainant’s hands were handcuffed behind his back by WO #4, who had also joined and assisted in controlling the Complainant. The Complainant continued to move his body, and WO #3 told him, ‘‘Stay where you are, don't move.’’ WO #4 advised on radio that the Complainant had been taken into custody. The Complainant laid prone on the floor. He was bleeding from the mouth and nose, and he kept crying and yelling, ‘‘Kill me now, I'm not a good guy.’’

At 6:36 p.m., WO #2 searched the Complainant while WO #3 and WO #4 went upstairs to clear the rooms. The SO advised that they did not find weapons, but the Complainant resisted and tried to “reach for something”.

At 6:47 p.m., an ambulance arrived. The Complainant was placed in the back of the ambulance. WO #5 accompanied the Complainant in the ambulance. He read the Complainant his rights. He cautioned the Complainant and informed him of the charge of ‘disarm an officer’.

At 7:04 p.m., the SO informed WO #1 that the Complainant had reached for the area of his duty belt, and he struck the Complainant. WO #1 stated they would have to see if the Complainant’s nose was possibly broken.

BWC Footage - WO #3

WO #3's BWC captured his approach towards a back patio sliding door with his firearm drawn.

Starting at about 6:34 p.m., the flailing legs of a police officer in the kitchen area [now known to have been the SO] came into view. WO #3 ran into the kitchen and saw the SO and WO #2 struggling with the Complainant on the floor. The Complainant was up on his knees and reaching around the SO’s duty belt area. WO #3 attempted to grab the Complainant’s right hand. The SO struck the Complainant on the head and face area. The Complainant pulled his right hand away from the SO’s duty belt area and continued to struggle with the officers. WO #3 grabbed the Complainant’s left upper arm to take hold of his hand again and called out to WO #4 to assist. The Complainant said, ‘‘Okay, okay.’’ The SO yelled, ‘‘Stop fucking fighting.’’ The Complainant’s left arm was placed behind his back, but he continued to resist. WO #3 said, ‘‘Stop resisting.’’ Momentarily, WO #3 asked, “Who is bleeding?” The SO replied that it was the Complainant. WO #4 assisted with placing the Complainant’s hands in handcuffs, and announced, ‘‘One in custody.’’ The Complainant remained visibly upset. He yelled, cried, and began to say he was sorry. WO #3 requested an ambulance stating the Complainant was bleeding from the face, mouth and nose.

Starting at about 6:37 p.m., WO #5 arrived on scene and took over control of the Complainant from the SO, who began to search the Complainant. WO #3 asked if the Complainant had a weapon on him. The SO said, ‘‘No, but he was reaching for something.’’ Shortly thereafter, WO #3 and WO #4 went upstairs.

At 6:39 p.m., WO #5 and WO #2 brought the Complainant to his feet and walked him out of the residence by the front entrance to a police vehicle. The Complainant was searched again and seated in the back of a police vehicle.

At 6:42 p.m., it was reported on the radio that the SO had injured his hand.

Materials Obtained from Police Service

The SIU obtained the following records from the PRP between November 2, 2023, and December 4, 2023:

• BWC footage;
• Photographs;
• Involved Officers List;
• Communications recordings;
• Communications reports;
• Computer-aided Dispatch Report;
• Person Details Report;
• Incident Details Report;
• Incident History;
• Officers’ Training Summary;
• Occurrence Report;
• Notes of witness officials;
• Incident Response Policy; and
• Criminal Investigations Policy.

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical record from the BCH on November 30, 2023.

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.