SIU Director’s Report - Case # 24-TCI-334

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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 37-year-old man (the “Complainant”).

The Investigation

Notification of the SIU[1]

On August 7, 2024, at 11:15 p.m., the Toronto Police Service (TPS) contacted the SIU with the following information.

On August 7, 2024, at 11:43 a.m., a woman [now known to be the Civilian Witness (CW)] attended an address in the area of Wilson Avenue and Dufferin Street, Toronto, to check on her family’s residence, as they were out of the country on vacation. The CW entered through the locked front door and, after checking the backyard, returned inside to find an unknown man [now known to be the Complainant]. The CW demanded the Complainant leave and police were called to the home. A description of the Complainant was provided to officers, who responded at 11:49 a.m. and located him in the area of the residence. Officers attempted to arrest the Complainant and a struggle ensued, in which he was taken to the ground. Once handcuffed and brought to his feet, the Complainant continued to struggle and kick at officers. He was grounded a second time and his legs were put in shackles. When the Complainant was brought to his feet again, a bump was observed on his head and Emergency Medical Services (EMS) were called to attend. At 12:22 p.m., the Complainant was transported to Sunnybrook Health Sciences Centre (SHSC), where, at 7:32 p.m., he was diagnosed with a fractured nasal bone.

The Team

Date and time team dispatched: 2024/08/08 at 8:26 a.m.

Date and time SIU arrived on scene: 2024/08/08 at 8:30 a.m.

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on August 10, 2024.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on August 12, 2024.

Subject Officials (SO)

SO #1 Declined interview and to provide notes, as is the subject official’s legal right

SO #2 Declined interview and to provide notes, as is the subject official’s legal right

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 August 20, 2024.

Evidence

The Scene

The events in question transpired at an intersection near Wilson Avenue and Dufferin Street, Toronto.

Video/Audio/Photographic Evidence[2]

TPS Communications Recordings – 911 Call

On August 7, 2024, at 11:43:57 a.m., the CW called 911 to report that a man [the Complainant] had broken into her parents’ home in the area of Wilson Avenue and Dufferin Street and was currently standing in front of her. The CW explained that this was not the first time he had broken into her parents’ house. According to the CW, “I was in the backyard, and this guy comes and breaks into my parents’ house.” She told the operator that the man entered through the open front door and went straight to a bedroom.

By 11:44:36 a.m., the CW reported that the male had left and was walking down the street.

The CW described the male and reported the direction in which he fled. The CW indicated that her parents were away on vacation, and she had been checking on their home when she heard a noise inside. Upon entering a sibling’s room, she confronted the male, saying, “What the hell are you doing here? Get out of here. I’m calling the cops.” She attempted to keep him there until police arrived, but he quickly took off.

TPS Communications Recordings – Radio Communications

On August 7, 2024, at 11:44:20 a.m., officers were dispatched to a break-and-enter in progress. The dispatcher indicated that the subject male [the Complainant] had run east from the residence, and provided a description of the male.

At 11:51:35 a.m., an officer at the residence in the area of Wilson Avenue and Dufferin Street confirmed that the Complainant had been last seen walking towards Wilson Street. WO #2 noted seeing a man.

At 11:52:57 a.m., WO #2 said he would approach the man. Shortly after, a broadcast was made, “Units have the male on the ground, trying to arrest him,” and, at 11:53:55 a.m., it was noted that the Complainant was in custody. The Complainant was said to be bleeding and a request was made for EMS at 11:54:06 a.m.

At 12:21:36 p.m., WO #2 reported that the Complainant would be transported to Sunnybrook Hospital, with the officer accompanying him in the ambulance.

TPS Body-worn Camera (BWC) Footage

On August 7, 2024, at 11:53 a.m., WO #2 was captured arriving at the scene of the arrest, exiting his cruiser, and confronting the Complainant, who was carrying items in both hands. As the Complainant walked away, WO #2 directed him to, "Put your hands behind your back." The Complainant responded, "I did not do anything." WO #2 and SO #2 quickly engaged the Complainant to arrest him, bringing him to the ground as he resisted.

SO #2 held the Complainant’s left arm while WO #2 worked to handcuff him, telling the Complainant he was under arrest for breaking and entering. The Complainant attempted to keep his hands on the ground, making it difficult for the officers to bring his arms behind the back. WO #3 and SO #1 joined in the struggle, with SO #2 applying pressure to the Complainant’s back and head to keep him down.

At 11:53:51 a.m., officers handcuffed the Complainant by linking two pairs of handcuffs.

Once restrained, the Complainant sat up with visible injuries, including blood on his forehead and a scrape over his nose. He continued to insist he had done nothing wrong. He was searched and an item was removed from his pocket. He was stood up and then seen to stomp his foot, after which he was grounded again by the officers. By 11:55 a.m., officers had secured the Complainant with leg restraints as well.

At 11:57 a.m., WO #2 informed the Complainant of his arrest and legal rights, which the Complainant acknowledged while continuing to deny involvement in any crime. He complained of the tightness of the handcuffs before officers adjusted them.

At 12:09 p.m., EMS arrived. The Complainant chose to be transported to hospital by ambulance, where he was further examined for injuries under guard of WO #2.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS between August 9, 2024, and August 15, 2024:

  • General Occurrence Report
  • Computer-assisted Dispatch Report
  • Involved Officer List
  • Duty notes – WO #3, WO #2 and WO #1
  • BWC footage – WO #3, WO #2, WO #1 and SO #1
  • Communications recordings

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between August 12, 2024, and September 5, 2024.

  • The Complainant’s medical records from SHSC; and
  • The Complainant’s medical records from North York General Hospital.

Incident Narrative

The evidence collected by the SIU, including interviews with the Complainant and police eyewitnesses to the events in question, and video footage that largely captured the incident, gives rise to the following scenario. As was their legal right, neither subject official agreed an interview with the SIU or authorized the release of their notes.

In the morning of August 7, 2024, TPS officers were dispatched to the area of Wilson Avenue and Dufferin Street, Toronto. A 911 call had been placed by a family member of a home’s residents reporting a break and enter. The caller – the CW – had been over to check on the home of her parents, away on vacation, when she encountered a strange male and called police. She provided a description of the male, who fled the residence.

Officers responded to the area within minutes and quickly located a male who matched the description of the break and enter suspect. WO #2 and SO #2 were the first to confront him, the officers arriving in separate cruisers from the south and north, respectively. The two officers immediately forced the male – the Complainant – to the ground as he protested his innocence. Following a period of struggle, the Complainant was handcuffed behind the back.

The Complainant was grounded a second time by officers when, upon being stood to his feet following the handcuffing, he made stomping motions with his left and right foot. On this occasion, a leg restraint was applied with the Complainant on the ground.

Following his arrest, the Complainant was transported to hospital and diagnosed with a broken nose.

Relevant Legislation

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.

Analysis and Director’s Decision

The Complainant was seriously injured in the course of his arrest by TPS officers on August 7, 2024. The SIU was notified of the incident and initiated an investigation naming SO #1 and SO #2 the subject officials. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that either subject official 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 Complainant matched the description of the break and enter suspect and was located in the vicinity of the reported crime only minutes after it was reported to police. In the circumstances, I am satisfied that he was subject to arrest for break and enter.

I am also satisfied that the officers who took part in the arrest, including the subject officials, used no more force than was reasonably necessary. The initial takedown might appear precipitous in isolation, but considered in context one can understand why the officers believed it necessary to quickly place the Complainant in a position of disadvantage. He had reportedly just committed a serious offence known for the use of tools that might be used as weapons. Grounding the Complainant would make his ability to access any such weapons less likely It is also worth noting that the takedown itself was executed in a controlled manner. The second takedown was a response to the Complainant’ stomps, which would reasonably have been interpreted by the officers, as indeed was by several of them, as an effort to destroy potential evidence on the ground or an attempt to lash out at the officers. In either or both cases, taking the Complainant to ground would quickly bring an end to those contingencies.

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

Date: December 3, 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.