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 death of a 40-year-old man (the “Complainant”).

Notification of the SIU[1]

On February 26, 2024, at 12:33 p.m., the Toronto Police Service (TPS) notified the SIU of the death of the Complainant.

According to the TPS, the Complainant was arrested for trespassing on February 24, 2024, at 1:11 p.m., at the Metro Toronto Convention Centre (MTCC) by security officers and turned over to TPS officers. The Witness Official (WO) and another officer [TPS Officer #1[2]] took custody of the Complainant from security, and empty-hand force was used. The Complainant was handcuffed and placed in an ambulance as he appeared to be under the influence of drugs. Two additional TPS officers assisted at the scene. The Complainant was transported to Mount Sinai Hospital and released unconditionally into the care of the hospital. On February 26, 2024, at 4:20 a.m., the coroner notified the TPS that a hospital physician had pronounced the Complainant deceased at 2:20 a.m.

The Team

Date and time team dispatched: 2024/02/27 at 6:41 a.m.

Date and time SIU arrived on scene: 2024/02/27 at 8:50 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

40-year-old male; deceased

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

The civilian witnesses were interviewed between March 6 and 19, 2024.

Witness Official (WO)

WO Interviewed

The witness official was interviewed on March 20, 2024.

The Scene

The events in question transpired in the MTCC.

Video/Audio/Photographic Evidence[3]

Police Communications Recordings

Starting at 1:10:52 p.m., February 24, 2024, TPS Officer #1 requested an ambulance attend for the Complainant, who had been arrested for trespassing. He advised dispatch that the Complainant was sweating profusely. Indecipherable yelling (believed to be from the Complainant) could be heard in the background. TPS Officer #1 advised dispatch that the Complainant was on some type of drugs.

At 1:12:30 p.m., dispatch advised TPS Officer #1 that an ambulance was on the way.

Starting at 1:17:12 p.m., dispatch requested an update regarding the Complainant. TPS Officer #1 advised dispatch that TPS officers were still struggling with the Complainant, and that the Complainant had been placed in restraints. TPS Officer #1 advised that TPS officers were still in the building and waiting for a wheelchair for the Complainant, as the Complainant had been kicking at TPS officers. TPS Officer #1 requested that the ambulance bring a stretcher into the building on arrival. The Complainant could be heard yelling in the background (indecipherable). TPS Officer #1 advised that it was impossible to walk with the Complainant without carrying him, and that TPS officers would await the arrival of an ambulance with a stretcher.

Video Footage – MTCC

The footage was not date or time-stamped, nor did it contain an audio track.

The Complainant was captured entering the admission area of the Toronto International Auto Show (TIAS) by ducking under a crowd control barrier. He by-passed a security check point and ran to a double-set of upbound escalators. He jumped the rail on the left most upbound escalator and ran up the moving escalator. After approximately 16 seconds, he ran down the same upbound escalator. He ran through the security, under the same crowd control barrier and through a gate which read “Exit Only”. The Complainant ran through a security checkpoint at the base of two upbound escalators. He stopped at the base of the left upbound escalator and appeared to have a brief conversation with a security guard. He ran up the left escalator, jumped the centre divider to the right upbound escalator, and continued upbound out of camera view. The Complainant ran into a display area at the TIAS, slowed and walked in a circle. He then walked behind a display of automobile wheels.

After approximately 16 seconds, the Complainant burst through the rear curtain display, and knocked several automotive wheels to the floor. Several viewers stepped back or attempted to support the display. The Complainant ran into an auto display area and was pursued by security. The security guards grabbed the Complainant, and the Complainant appeared to struggle with them. A man attempted to assist security.[4] Four TPS officers arrived. One of them [now known to be TPS Officer #2[5]] placed leg restraints on the Complainant. The Complainant was assisted to his feet by police officers. TPS Officer #1, with the assistance of the WO, handcuffed the Complainant with his hands behind his back. The Complainant was led away by police officers.

The Complainant initially appeared cooperative, then began to push back against the police officers. He was physically carried by the police officers with one holding each arm and one holding each leg.

The Complainant was carried off an elevator by the four police officers and laid on the floor on his left side in a foyer near an exterior door. There was no struggle or altercation between police officers and the Complainant.

Approximately 20 minutes later, two paramedics entered the foyer with a stretcher. The police officers lifted the Complainant to his feet, and he was placed onto the stretcher in a seated position. He was taken out of the foyer and through an exterior door by paramedics.

BWC Footage - TPS Officer #1

At 1:10:09 p.m., February 24, 2024, TPS Officer #1 was captured walking through the MTCC while the car show was on. He approached the WO and two men[6] holding down the Complainant on the floor. The WO told the Complainant to put his hands behind his back.

At 1:10:33 p.m., TPS Officer #1 handcuffed the Complainant and requested an ambulance.

At 1:13:11 p.m., TPS Officer #1 told the Complainant they were standing him up and walked him out of the MTCC.

At 1:14:56 p.m., TPS Officer #1 asked the Complainant what he took that day.

At 1:17:45 p.m., TPS Officer #1 updated a dispatcher over the police radio. He said they needed a wheelchair to bring the Complainant to the ambulance.

At 1:21:20 p.m., TPS Officer #1 asked the Complainant what substances he had taken.

At 1:36:35 p.m., an officer searched the Complainant’s pockets and found his identification, identifying him as the Complainant.

At 1:38:08 p.m., the Complainant was put on a stretcher.

BWC Footage – The WO

At 1:09:58 p.m., the WO approached the Complainant being held down by civilian males on a carpeted area. The WO announced the Complainant was under arrest for trespassing and directed him to put his hands behind his back.

Between 1:10:12 p.m. and 1:10:33 p.m., TPS Officer #1 arrived to assist. Police officers told the Complainant to “stop resisting”. TPS Officer #1 handcuffed the Complainant with his hands behind his back.

At 1:13:41 p.m., the police officers sat the Complainant up and then lifted him to a standing position. The police were attempting to walk him out. The Complainant did not walk so the police officers carried him out. The police officers told him to stop kicking and took him into an elevator. He was seen being carried by the police officers out of the elevator in a lobby area by glass doors.

Between 1:26:41 p.m. and 1:29:11 p.m., the Complainant said repeatedly, “Let me go, guys!” and, “Somebody help me!” TPS Officer #2 asked the Complainant what substances he had taken.

At 1:36:34 p.m., an officer found a wallet in the Complainant’s jacket and obtained his identification.

Between about 1:37:44 p.m. and 1:38:20 p.m., police officers stood the Complainant up and placed him on a stretcher.

At 1:42:01 p.m., the Complainant was wheeled out of the building by paramedics.

BWC Footage - TPS Officer

At 1:22:21 p.m., the Complainant was captured on the carpeted floor, handcuffed behind his back, lying on his side in the recovery position with police officers holding him down with their hands. The officers told him to relax, that the ambulance was coming, and to keep breathing.

At 1:26:21 p.m., the Complainant yelled, “Let me go,” several times.

Between 1:37:44 p.m. and 1:38:10 p.m., the police officers stood the Complainant up and placed him on the stretcher.

At 1:42:01 p.m., the Complainant was wheeled out by paramedics.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS and Hamilton Police Service (HPS) between February 27, 2024, and March 6, 2024:

• Communications recordings (TPS);
• BWC and MTCC video footage (TPS);
• Policies: Arrest; Incident Response; and, Person in Crisis (TPS);
• General Occurrence Report (Trespassing) (TPS);
• General Occurrence Report (Sudden Death) (TPS);
• Computer-assisted dispatch reports (TPS);
• Contact with person in crisis (HPS);
• Occurrence Details Reports (HPS);
• Notes – the WO (TPS);
• Paid-duty Officer List (TPS); and
• Scenes of Crime Officer (SOCO) photographs (TPS).

Materials Obtained from Other Sources

The SIU obtained the following records from other sources on February 27, 2024:

• Ambulance Call and Incident Summary Reports from Toronto Emergency Medical Services;
• Occurrence Report from Target;
• Incident Report from MTCC;
• Photographs from CW #1; and
• Preliminary Cause of Death Report from Ontario Forensic Pathology Service.

The evidence collected by the SIU, including interviews with police and non-police witnesses, and video footage that captured the events in question, gives rise to the following scenario.

The Complainant was in the area of the MTCC in the afternoon of February 24, 2024. While outside the building, he entered an out-of-service shuttle bus and was asked to exit by paid-duty TPS officers. While inside the building, the Complainant behaved erratically, caused a disturbance, and was asked to leave by security staff. When he did not do so, security personnel took hold of the Complainant and held him on the floor.

The WO, a paid-duty officer working outside the MTCC, was approached by a security guard and asked for assistance with the Complainant. The officer and another paid-duty officer, TPS Officer #1, accompanied the guard up an escalator to a display area where the Complainant was being held in a prone position. The Complainant was arrested for trespassing, handcuffed behind the back and restrained by the legs, and placed in a recovery position. He was sweating, foaming at the mouth, and seemingly under the influence of drugs or alcohol.

The Complainant was helped to his feet and escorted to the elevator to be taken to the ground floor. An ambulance was requested by police. En route to the elevator, the Complainant became unable to support himself and had to be carried the rest of the way by the police.

On the ground floor, the Complainant was again placed in a recovery position while officers waited for the arrival of paramedics. He remained in that position for about 20 minutes before the ambulance arrived.

The Complainant was placed in the ambulance and taken to hospital where he was released unconditionally by the police.

On February 26, 2024, while still in hospital, the Complainant was pronounced deceased.

Cause of Death

The pathologist at autopsy was unable to discern a preliminary cause of death, which remains pending at this time. There were no signs of trauma to the body.

Section 215, Criminal Code - Failure to Provide Necessaries

215 (1) Every one is under a legal duty

(c) to provide necessaries of life to a person under his charge if that person

(i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and

(ii) is unable to provide himself with necessaries of life.

(2) Every person commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse to perform that duty, if

(b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.

Sections 219 and 220, Criminal Code - Criminal Negligence Causing Death

219 (1) Every one is criminally negligent who

(a) in doing anything, or

(b) in omitting to do anything that it is his duty to do,

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.

220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

The Complainant passed away in hospital on February 26, 2024. As he had been released into the care of hospital following his arrest by TPS officers on February 24, 2024, the SIU was notified of the incident and initiated an investigation. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that any TPS officer committed a criminal offence in connection with the Complainant’s arrest and death.

The offences that arise for consideration are failure to provide the necessaries of life and criminal negligence causing death contrary to sections 215 and 220 of the Criminal Code, respectively. Both require something more than a simple want of care to give rise to liability. The former is predicated, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have exercised in the circumstances. The latter is premised on even more egregious conduct that demonstrates a wanton or reckless disregard for the lives or safety of other persons. It is not made out unless the neglect constitutes a marked and substantial departure from a reasonable standard of care. In the instant case, the question is whether there was any want of care on the part of the officers who dealt with the Complainant, sufficiently serious to attract criminal sanction, that endangered the Complainant’s life or caused his death. In my view, there was not.

There is no evidence of any officer failing to comport themselves with due care and regard for the Complainant’s health and well-being. The WO and TPS Officer #1 quickly ascertained that the Complainant was in distress and required medical attention. They called for an ambulance and ensured the Complainant was placed in a recovery position while they waited for paramedics. At no point was any significant force brought to bear by officers in their dealings with the Complainant – they did have to employ some muscular power to wrestle his arms behind the back at the point of handcuffing and to keep him propped up in a recovery position.

For the foregoing reasons, while the cause of the Complainant’s unfortunate death remains undetermined, it is apparent that the conduct of the officers neither caused nor contributed to his demise in any fashion that could attract criminal sanction. The file is closed.

Date: June 25, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit