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 of a 36-year-old man (the “Complainant”).

Notification of the SIU[1]

On May 22, 2024, at 10:33 a.m., the Toronto Police Service (TPS) contacted the SIU with the following information.

On May 21, 2024, at 6:57 p.m., TPS officers stopped the Complainant because he was riding his bicycle the wrong way at 21 St. Joseph Street. A query revealed the Complainant had an outstanding warrant. The Complainant resisted arrest and bit one of the police officers. The Complainant was taken to hospital. On May 22, 2024, at 10:16 a.m., the Complainant was diagnosed with a fractured orbital bone.

The Team

Date and time team dispatched: 2024/05/22 at 10:54 a.m.

Date and time SIU arrived on scene: 2024/05/22 at 1:22 p.m.

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on May 22, 2024.

Subject Official (SO)

SO Interviewed; notes received and reviewed

The subject official was interviewed on June 28, 2024.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

The witness officials were interviewed on June 1, 2024.

The Scene

The events in question transpired on St. Joseph Street near 20 St. Joseph Street, Toronto.

Video/Audio/Photographic Evidence[2]

Police Body-worn Camera (BWC) Footage - The SO, and WO #1, WO #2 and WO #3

On May 21, 2024, starting at about 6:38:26 p.m., the SO and WO #1 were captured riding their bicycles westbound on St. Joseph Street.

Starting at about 6:38:38 p.m., the SO and WO #1 stopped their bicycles to speak with two men on bicycles. The SO told the men they were riding their bicycles the wrong way on a one-way street. WO #1 spoke with a man who identified himself as [Civilian #1]. The SO spoke with a man who identified himself with a false name [the Complainant]. The Complainant wore a hood over his head and looked away from the SO. He appeared to be in pain. The SO asked the Complainant if he was all right. The Complainant said he broke his leg a while ago. The SO conducted queries on his cell phone. The SO told the Complainant he was being detained until his identity was confirmed. The SO told the Complainant to take off his hood. The Complainant complied. The SO appeared to recognize the Complainant and said they had known each other for a while. The Complainant groaned in pain.

Starting at about 6:46:17 p.m., the SO said he would handcuff the Complainant. The SO dismounted his bicycle. The Complainant yelled, “Why? What did I do?” The Complainant dismounted his bicycle. He yelled about his pain. He yelled he did not lie about his name.

Starting at about 6:47:40 p.m., the Complainant provided a false name. The SO queried the name on his cell phone. He asked the Complainant questions to confirm his identity.

Starting at about 6:49:49 p.m., the SO said the Complainant had lied about his name. The Complainant denied the allegation.

Starting at about 6:51:31 p.m., the SO told Civilian #1 he could leave. Civilian #1 left.

Starting at about 6:52:42 p.m., the SO asked if the false identity was the Complainant’s brother. The Complainant denied it was. The SO asked why the Complainant lied and said he knew who he was.

Starting at about 6:53:05 p.m., the SO said, “[The Complainant’s first name], you’re going to be placed under arrest.” The SO moved to the Complainant’s right side and WO #1 moved to the Complainant’s left side. The SO grabbed the Complainant’s right wrist. WO #1 grabbed the Complainant’s left wrist. The SO tried to place the Complainant’s right hand behind his back, but the Complainant pulled it forwards in front of his body. The Complainant yelled, “Why?” repeatedly. The SO and WO #1 each held a pair of handcuffs. They brought the Complainant to the ground. He landed in a kneeling position. The SO and WO #1 pushed him forwards until he was in a prone position. The Complainant’s hands were underneath his chest.

Starting at about 6:53:40 p.m., the SO broadcast a request for assistance. The Complainant screamed incoherently. The SO used his left hand to pin the Complainant’s left shoulder to the ground. The SO told the Complainant to place his hands behind his back. WO #1 knelt on the Complainant’s lower back. WO #1 pulled at the Complainant’s left arm with both of his hands. The SO used his right hand to pin the Complainant’s head to the ground. As the police officers brought the Complainant’s left arm behind his back, the Complainant rolled onto his right side. The SO punched the Complainant on the left side of his face seven times. The Complainant’s right arm was curled upwards near his head in a protective fashion. The SO grabbed the Complainant’s right wrist.

Starting at about 6:54:48 p.m., the SO used the palm of his right hand and struck the Complainant on the left side of his face. The SO said, “Don’t bite me.” He pinned the Complainant’s head to the ground with his right hand. He grabbed the Complainant’s right wrist. The Complainant curled in the fetal position.

Starting at about 6:55:10 p.m., the police officers rolled the Complainant into a prone position. WO #1 handcuffed the Complainant’s left wrist. The Complainant had his right hand underneath his chest. The SO grabbed for the Complainant’s right hand under the chest.

Starting at about 6:55:15 p.m., the SO used his left hand to pin the Complainant’s head to the ground. The SO said, “Don’t bite me.” There was blood on the Complainant’s forehead. The SO used his right hand to punch the Complainant on the right side of his face five times. WO #1 and the SO said, “Give us your hand.”

Starting at about 6:55:35 p.m., the SO grabbed the Complainant’s right arm by the wrist and the bicep, and tried to bring the arm behind the Complainant’s back. The SO punched the Complainant in the face once with his right hand.

Starting at about 6:55:46 p.m., the SO extended his baton. He placed the baton inside the inner portion of the Complainant right elbow joint. He pressed the handle of the baton downwards towards the Complainant’s right shoulder as the tip of the baton acted as a fulcrum to bring the Complainant’s right hand behind his back. WO #1 handcuffed the right hand.

Starting at about 6:55:57 p.m., additional police officers [WO #2 and WO #3] arrived and knelt on the Complainant. The Complainant was successfully handcuffed with his hands behind his back. The SO walked away from the Complainant and collapsed his baton. WO #2 and WO #3 took custody of the Complainant.

Starting at about 6:56:49 p.m., the SO explained to the other police officers how the Complainant had lied about his name and bit him. The SO said there was a warrant for the Complainant’s arrest. He told the police officers the Complainant was under arrest for an endorsed bench warrant and assault with attempt to resist arrest. The Complainant was escorted into a police vehicle.

Radio Communications

On May 21, 2024, starting at about 6:53:37 p.m., the SO broadcast a request for assistance at 21 St. Joseph Street. A man [the Complainant] screamed incoherently in the background.

At 6:55:25 p.m., the SO advised they required an additional unit to arrest the Complainant. He advised there was no rush.

At 6:56:11 p.m., the SO advised the Complainant was in custody.

At 7:01:02 p.m., WO #3 advised the Complainant would be transported to Toronto General Hospital (TGH).

At 7:06:48 p.m., the SO advised he wanted the Complainant transported to the hospital as a precaution because he was a drug user.

At 7:23:17 p.m., the Complainant in an ambulance.

Video Footage – St. Joseph Street

On June 4, 2024, the SIU received videos from Civilian #2 at St. Joseph Street. The videos did not capture the events in question.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS between May 27, 2024, and June 21, 2024:

• General Occurrence Report;
• Injury Report;
• Use of Force Policy;
• BWC footage;
• In-car camera system footage;
• Communications recordings;
• Notes – the SO;
• Notes – WO #1;
• Notes – WO #2;
• Notes – WO #3; and
• Bench Warrant.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between May 29, 2024, and June 4, 2024:

• The Complainant’s medical records from TGH; and
• Video footage - St. Joseph Street.

The evidence collected by the SIU, including interviews with the Complainant and the SO, and video footage that largely captured the incident, gives rise to the following scenario.

In the evening of May 21, 2024, the Complainant was riding a bicycle westbound on St. Joseph Street. The road was designated for eastbound traffic only. He and a companion, also riding a bicycle, were stopped by police officers on St. Joseph a distance east of Bay Street.

The SO and his partner, WO #1, were on bicycle patrol in the area when they observed the Complainant and his friend cycling the wrong way on St. Joseph Street. They stopped the pair, indicated they were investigating a traffic infraction, and attempted to ascertain their names. The Complainant provided false names. In time, the SO figured out his true identity and learned that the Complainant was subject to an arrest warrant. The SO and WO #1 moved to take the Complainant into custody.

The officers took hold of the Complainant and forced him to the ground after a short period when he refused to release his arms. The Complainant struggled against the officers’ efforts to control his arms behind the back. He was met with a series of right-handed punches to the left side of the head by the SO. The struggle continued on the ground and the Complainant bit one of the SO’s hands. The officer reacted by punching him once to the head and delivering a knee strike to the back. The Complainant attempted to bite the SO’s hand again, prompting the officer to punch him about five times to the right side of the head. The Complainant screamed and continued to hold his arms against his chest, resisting the officers’ efforts. The SO delivered an additional punch to the face after which, using his baton, he was able to pry free the Complainant’s right arm. The Complainant’s right hand was handcuffed and, shortly thereafter, the left arm brought behind the back and cuffed as well.

Following his arrest, the Complainant was taken to hospital and diagnosed with a broken right cheekbone.

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 May 21, 2024. 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.

The SO and WO #1 had cause to seek the Complainant’s arrest. They had lawfully stopped him for investigation of a traffic infraction, in the course of which they realized that the Complainant was subject to an outstanding arrest warrant.

The force used by the SO in aid of the Complainant’s arrest fell within the ambit of what was reasonable in the circumstances. The Complainant strenuously resisted arrest. When, after a period of attempting to wrestle control of his arms was to no avail, the SO was entitled to escalate his use of force and did so with a series of punches. The punches were several (about eight), short but sharp, and ultimately ineffective; the Complainant continued to refuse to release his arms. Instead, the Complainant bit the SO’s hand. At this point, the Complainant had assaulted the officer, and the SO was within his rights in applying force to stop the aggression. He did so, in my view, in a proportionate way by delivering a single punch and knee strike. Still, the Complainant remained undeterred. He continued to struggle and attempted to bite the SO again. The SO escalated his force again, as I believe he was entitled to do in light of the Complainant’s repeated assaults – he struck him about five times. These too were short but sharp blows, and also not immediately successful in subduing the Complainant though they appeared to take some of the fight out of him. With one last punch and the use of his baton as a pry bar, the SO was finally able to free the Complainant’s right arm and bring it behind the back. The Complainant was shortly handcuffed, after which no further force was brought to bear.

For the foregoing reasons, while I accept that one or more of the SO’s punches were responsible for the Complainant's facial fracture, there are no reasonable grounds to believe the injury is attributable to unlawful conduct on the part of the officer. The file is closed.

Date: September 17, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit