Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.

Special Investigations Unit Act, 2019

Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following:

• 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 Personal 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.

Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.

A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.

In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.

This report relates to the SIU’s investigation into the serious injury sustained by a 41-year-old man (the “Complainant”).

Notification of the SIU[1]

On December 12, 2023, at 6:10 p.m., the Toronto Police Service (TPS) contacted the SIU with the following information.

On December 12, 2023, at 11:30 a.m., police officers with the Emergency Task Force (ETF) executed a search warrant at a residence near Wellesley Street East and Parliament Street, Toronto. The warrant was related to a firearm investigation and involved the Complainant. The Complainant was located hiding in the attic area of the residence. He was taken to the ground and handcuffed. After his arrest, the Complainant complained of a sore right foot and was transported to Toronto General Hospital (TGH) via ambulance, where X-rays confirmed a fracture to his right foot.

The Team

Date and time team dispatched: 2023/12/12 at 11:30 p.m.

Date and time SIU arrived on scene: 2023/12/13 at 8:46 a.m.

Number of SIU Investigators assigned: 2

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on December 13, 2023.

Subject Official

SO Declined interview and to provide notes, as is the subject official’s legal right

Witness Official

WO #1 Interviewed

WO #2 Interviewed

WO #3 Interviewed

The witness officials were interviewed on December 28, 2023.

The Scene

The events in question transpired on a balcony of a building situated near Wellesley Street East and Parliament Street in Toronto.

Physical Evidence

N/A

Video/Audio/Photographic Evidence[2]

TPS Communications

On December 12, 2023, at 3:00:01 a.m., a person called 911 and reported that the Complainant had pulled a knife on him and then retrieved a shotgun, racked it, and pointed it at him. The caller provided information about the residence’s occupants. The caller reported that the Complainant had a history of violence and a bad temper. He requested that officers meet with him so he could provide information about the Complainant and the house.

At about 3:07 a.m., an officer met and spoke with the 911 caller.

At about 3:10 a.m., it was noted that the shotgun and the Complainant could be located in the attic level of the residence.

At about 3:22 a.m., an officer requested ETF attendance.

At about 3:42 a.m., an officer reported they were positioned at the rear of the residence.

At about 3:43 a.m., an officer reported they were positioned at the front of the residence.

At about 12:14 p.m., Officer #1 informed the dispatcher that the Complainant was en route to the TGH via ambulance.

BWC Footage – WO #1

On December 12, 2023, at 11:31:46 a.m., the BWC footage opened with a view inside an ETF vehicle. Five ETF officers sat in full grey tactical uniforms with rifles.

Starting at about 11:32:43 a.m., the back door of the vehicle opened, and the ETF officers exited onto the street.

Starting at about 11:33:09 a.m., ETF officers entered the front door of a residence. They climbed a set of stairs directly in front of the door.

Starting at about 11:33:55 a.m., an ETF officer shouted, “Toronto Police. Search warrant. Get on the ground,” and the interior apartment door was forcefully opened.

Starting at about 11:34:17 a.m., an ETF officer said, “He’s on the roof,” and ETF officers climbed the stairs in the apartment.

Starting at about 11:34:25 a.m., an ETF officer said, “Do not move. Drop the gun,” and officers moved through a densely packed landing towards a door. They shouted, “Drop the gun. Do it now.”

Starting at about 11:34:37 a.m., the first two ETF officers [the SO and WO #1] ran down a staircase. The SO grabbed the Complainant and the two appeared to stumble onto a balcony. WO #1 pulled the Complainant’s arm and ordered him onto his stomach. The SO used his left foot to push the Complainant at his left hip, and WO #2 stepped on the Complainant’s left ankle with his left foot. The Complainant did not resist.

WO #1 walked away from the Complainant and looked for the firearm.

WO #1 and Officer #2 mounted the neighbouring roof where Officer #2 located a shotgun.

Starting at about 11:44:57 a.m., TPS investigators entered the residence and were directed upstairs by WO #1.

BWC Footage - WO #3

Starting at about 11:35:59 a.m., WO #3 handcuffed the Complainant’s hands behind his back. The Complainant rested on his stomach and WO #2 had his knee on the Complainant’s back while the SO held the Complainant’s hands behind his back.

Starting at about 11:38:41 a.m., WO #3 pulled the Complainant by his ankles, and he said, “I’m just pulling you away from the water.”

Starting at about 11:42:53 a.m., WO #3 informed the Complainant that TPS investigators were on their way up to the roof and they would take over.

BWC Footage - Officer #3

On December 12, 2023, at 11:32:17 a.m., the BWC footage opened with a street view from the interior of a TPS cruiser.

Starting at about 11:33:29 a.m., Officer #3 followed ETF officers and Officer #1 into the foyer of a residence. Officer #3 and Officer #1 knocked on the door to the lower-level apartment while the ETF officers ascended the staircase.

Starting at about 11:47:40 a.m., Officer #3 followed Officer #1 onto the roof stairs.

Starting at about 11:48:09 a.m., Officer #1 took the Complainant by his right arm and Officer #3 took the Complainant by his left arm. They assisted him to his feet. Upon standing, the Complainant hopped and said, “Oh, ahh, my foot, I think I might have twisted my ankle, sorry.” Officer #1 told the Complainant there were paramedics downstairs.

Starting at about 11:49:07 a.m., the Complainant said, “Yeah, I twisted my ankle for sure, I can’t put weight on it.” Officer #3 and Officer #1 assisted the Complainant to sit on the stairs and informed him that they would get him a change of clothes and treatment for his injury.

Starting at about 11:53:55 a.m., paramedics arrived on the stairs to evaluate the Complainant.

Starting at about 11:56:20 a.m., a paramedic told Officer #3 and Officer #1 that the Complainant required X-rays.

Starting at about 12:01:09 p.m., Officer #2 asked the Complainant how he hurt his ankle and he replied, “Coming out here.” Officer #2 clarified, “Was it prior to us arriving or during?” The Complainant said, “During, you guys are good, I did it to myself, okay?” Officer #2 said, “I’m asking if it happened while we were here?” and the Complainant said, “Yea, it actually did happen while you were here.”

Starting at about 12:11:43 p.m., the Complainant was put onto a stretcher and placed inside an ambulance.

Materials Obtained from Police Service

The SIU obtained the following records from the TPS between December 13 and 19, 2023:

• Communications recordings;
• Notes of witness officials;
• Event Chronology;
• General Occurrence and Supplementary Reports;
• Copy of search warrant authorizing entry into a residence near Wellesley Street East and Parliament Street, Toronto;
• BWC footage of all involved officers; and
• TPS Booking Desk [51 Division] video footage.

Materials Obtained from Other Sources

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

• The Complainant’s medical records from Toronto General Hospital, received December 23, 2023:

The evidence collected by the SIU, including interviews with the Complainant and police eyewitnesses, as well as video footage that captured the incident in parts, gives rise to the following scenario. As was his legal right, the SO did not agree an interview with the SIU or the release of his notes.

In the early morning of December 12, 2023, the TPS received a 911 call. The caller reported that the Complainant had threatened him with a shotgun during an argument at their residence near Wellesley Street East and Parliament Street, Toronto. Police officers were dispatched to the address.

Uniformed officers were the first on scene. They established a perimeter around the outside of the building. As the incident involved a firearm, the ETF was enlisted to enter the residence and take the Complainant into custody.

A team of ETF officers attended at 51 Division and were briefed on the 911 call by a detective at about 10:45 a.m. A search warrant had been secured for the residence.

The ETF officers, the SO among them, arrived at the address at about 11:30 a.m. They entered the building through the front door and were making their way up to the Complainant’s unit when they received word that the Complainant had been spotted with a shotgun on an upper-floor rear balcony. The SO continued up another stairway where they made their way across a small room and encountered the Complainant. The Complainant was by the doorway to a small exterior staircase that descended towards a balcony. The SO grabbed the Complainant near the bottom of the staircase and took him to the balcony floor. Additional officers arrived on the balcony and assisted in handcuffing the Complainant.

The Complainant was taken to hospital following his arrest and diagnosed with a fracture of the right foot.

Section 25(1), Criminal Code - Protection of Persons Acting under Authority

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

(a) as a private person,

(b) as a peace officer or public officer,

(c) in aid of a peace officer or public officer, or

(d) by virtue of his office,

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.

The Complainant was seriously injured in the course of his arrest by TPS officers on December 12, 2023. The SIU was notified of the incident and initiated an investigation naming the SO the subject official. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the Complainant’s arrest and injury.

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.

Given the briefing that ETF had about the nature of the 911 call and the search warrant in effect, naming the Complainant as the subject of the ‘threatening’ investigation, I am satisfied he was subject to lawful arrest by the SO.

I am also satisfied that the force brought to bear by the SO in aid of the Complainant’s arrest, namely, a takedown, was legally justified. The officer had good reason to believe that the Complainant might be in possession of a shotgun when he was initially confronted by officers. That being the case, it was imperative that the Complainant’s movements be immediately restricted to prevent him accessing a firearm. A takedown would accomplish that objective without the necessary infliction of serious injury. That the Complainant was injured is unfortunate, but had probably more to do with items scattered on the balcony floor than the grounding itself. In fact, the BWC footage establishes the takedown was not performed with undue force.

For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: April 10, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit