SIU Director’s Report - Case # 24-TCI-198
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Contents:
Mandate of the SIU
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.
Information Restrictions
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.
Mandate Engaged
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 of a 63-year-old man (the “Complainant”).
The Investigation
Notification of the SIU[1]
On May 8, 2024, at 1:24 a.m., the Toronto Police Service (TPS) notified the SIU of an injury to the Complainant.
According to the TPS, on May 7, 2024, at 7:00 p.m., TPS responded to a ‘Person in Crisis’ call for service [later learned to involve the Complainant] at a home in the area of Jane Street and St. Clair Avenue West. The Complainant’s estranged wife had called TPS to conduct a wellness check on her husband. She had left him the day before, ending the marriage, and he had made threats of suicide. TPS officers responded and, after two hours of negotiation, Emergency Task Force (ETF) officers breached the door into the residence and located the Complainant. He had cut his throat with a knife and was bleeding profusely. Emergency Medical Services (EMS) transported the Complainant to Sunnybrook Health Sciences Centre where he underwent surgery to stop the bleeding from a severed jugular vein.
The Team
Date and time team dispatched: 2024/05/08 at 2:19 a.m.
Date and time SIU arrived on scene: 2024/05/08 at 3:28 a.m.
Number of SIU Investigators assigned: 2
Number of SIU Forensic Investigators assigned: 1
Affected Person (aka “Complainant”):
63-year-old male; interviewed
The Complainant was interviewed on May 22, 2024.
Civilian Witnesses (CW)
CW #1 Interviewed
CW #2 Interviewed
The civilian witnesses were interviewed on May 8, 2024.
Witness Officials (WO)
WO #1 Not interviewed; notes reviewed and interview deemed unnecessary
WO #2 Not interviewed; notes reviewed and interview deemed unnecessary
WO #3 Interviewed; notes received and reviewed
WO #4 Interviewed; notes received and reviewed
WO #5 Not interviewed; notes reviewed and interview deemed unnecessary
The witness officials were interviewed between July 21 and 25, 2024.
Evidence
The Scene
The events in question transpired in and around a house situated in the area of Jane Street and St. Clair Avenue West, Toronto.
Physical Evidence
The house was a single-family dwelling. A knife was located in a bedroom of the house. It was 19.5 cm in length with an 8.5 cm blade. There was a small amount of red blood-like staining on the knife.
Video/Audio/Photographic Evidence[2]
Body-worn Camera (BWC) Footage
Starting at about 8:23 p.m., May 7, 2024, ETF officers were captured standing at the front of a residence. They had their firearms pointed towards the front door.
Starting at about 8:30 p.m., an ETF officer walked up the front of the house stairs and attempted to communicate with the Complainant, receiving no response. ETF officers attempted to enter the residence while communicating with the Complainant. No responses were forthcoming.
Starting at about 8:31 p.m., ETF officers gained access to the interior of the house utilizing a door ram to breach the front door. Once in the house, ETF officers called-out to the Complainant. They said they were concerned for his safety. A drone was sent into the house by ETF officers. WO #3 monitored the drone’s movements from outside the house.
Staring at around 8:41 p.m., ETF officers made verbal contact with the Complainant. He told WO #3 to tell the “motherfucker” to stop yelling, referring to a police officer yelling at him in the background. WO #3 asked what was going on. He replied that he was bleeding from his neck, and then stated he wished he had done the job correctly. The Complainant said he had cut his throat but that he was fine. WO #3 asked where the knife was. The Complainant replied he did not know but that it was not near him. WO #3 told him to lay down and that help was on the way. WO #3 approached the top of the stairs and repeated that help was on the way. He asked to see the Complainant’s hands. The officer then said that he had the knife, and that there was a lot of blood.
Starting at about 8:45 p.m., WO #3 said he was trying to help the Complainant. The Complainant stated he wanted to die. The officer replied that that would not happen that day.
ETF officers administered first-aid to stop the bleeding.
Starting at about 8:47 p.m., EMS arrived on scene. ETF officers continued to apply pressure to the neck wound.
Starting at about 8:49 p.m., the Complainant was moved from the house and carried by paramedics and ETF officers outside the residence onto a stretcher.
Communications Recordings
At 6:54:48 p.m., May 7, 2024, CW #2 contacted police and reported that she was communicating with a friend [later known to be the Complainant] on Facebook messenger and that he was suicidal.
At 7:00:44 p.m., a communicator dispatched police officers to a home in the area of Jane Street and St. Clair Avenue West for “a hot shot, threatening suicide”.
At 7:01:33 p.m., a communicator advised she was calling EMS to attend.
At 7:22:03 p.m., a police officer advised he had tried to contact the Complainant verbally, and that he had locked the doors.
At 7:37:34, a police officer said there had been attempts to contact the Complainant with no response. ETF was to be advised of the situation.
At 8:13:18 p.m., a police officer said the Complainant was not coming out.
At 8:13:29 p.m., ETF officers said they were going to push through.
At 8:47:12 p.m., a police officer advised of an emergency run to hospital.
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the TPS between May 8, 2024, and July 18, 2024:
- Computer-assisted Dispatch Report;
- Communications recording;
- BWC footage;
- Officer Involved List;
- General Occurrence Report;
- Notes – WO #1;
- Notes – WO #2;
- Notes – WO #4;
- Notes – WO #3;
- Notes – WO #5;
- Policy – Use of Force;
- Policy – Person in Crisis; and
- Policy – Arrest.
Incident Narrative
The evidence collected by the SIU, including an interview with the Complainant and video footage that captured the incident in parts, gives rise to the following scenario.
In the evening of May 7, 2024, TPS officers were dispatched to a house in the area of Jane Street and St. Clair Avenue West. CW #2 had contacted police to report that the Complainant was contemplating self-harm.
Uniformed officers arrived at the address after 7:00 p.m. From outside the residence, they attempted to communicate with the Complainant, largely without success. ETF officers and EMS were summoned to the scene, the former arriving at about 8:15 p.m.
ETF officers called-out to the Complainant from outside the residence without response. They came to learn that the Complainant had a knife in his possession. Growing increasingly concerned for the Complainant’s wellbeing, the ETF decided to breach the front door and enter. That was done shortly after 8:30 p.m. A drone was deployed inside the house to search for the Complainant.
At about 8:40 p.m., WO #3 made contact with the Complainant. The Complainant advised he had cut himself in the neck and was bleeding. Officers reached the Complainant in his bedroom minutes later and began to administer first-aid.
Paramedics arrived on scene at about 8:47 p.m. and took charge of the Complainant’s care.
Relevant Legislation
Sections 219 and 221, Criminal Code - Criminal Negligence Causing Bodily Harm
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.
221 Every person who by criminal negligence causes bodily harm to another person is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
Analysis and Director’s Decision
The Complainant suffered a self-inflicted knife wound to the neck in his home on May 7, 2024. As TPS officers were in the vicinity of the residence attempting to communicate with the Complainant at the time, 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 injury.
The offence that arises for consideration is criminal negligence causing bodily harm contrary to section 221 of the Criminal Code. The offence is reserved for serious cases of neglect that demonstrate a wanton or reckless disregard for the lives or safety of other persons. It is predicated, in part, on conduct that amounts to a marked and substantial departure from the level of care that a reasonable person would have exercised in the circumstances. In the instant case, the question is whether there was a want of care on the part of TPS officers, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s injury. In my view, there was not.
TPS officers, including WO #3 and the ETF team deployed, were lawfully placed and in the execution of their duties through their engagement with the Complainant. Having received word of the Complainant intending to do himself harm, the officers were duty bound to respond to the scene to do what they reasonably could to prevent the Complainant hurting himself.
As for the manner in which the police operation unfolded at the scene, I am satisfied that the officers comported themselves with due care and regard for the Complainant’s health and wellbeing. The ETF quickly ascertained that a forced entry was necessary after efforts to communicate with the Complainant from outside had proved futile. Once inside the house, the ETF moved quickly to locate the Complainant and render emergency care.
For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.
Date: September 5, 2024
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
Endnotes
- 1) Unless otherwise specified, the information in this section reflects the information received by the SIU at the time of notification and does not necessarily reflect the SIU’s findings of fact following its investigation. [Back to text]
- 2) The following records contain sensitive personal information and are not being released pursuant to section 34(2) of the Special Investigations Unit Act, 2019. The material portions of the records are summarized below. [Back to text]
Note:
The signed English original report is authoritative, and any discrepancy between that report and the French and English online versions should be resolved in favour of the original English report.