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 16-year-old youth (the “Complainant”).

Notification of the SIU[1]

On October 20, 2024, the Toronto Police Service (TPS) contacted the SIU with the following information.

On October 20, 2024, the TPS Hold-up Squad arrested a youth [the Complainant] at a bus shelter located in the area of Kingston Road and Lawrence Avenue East. The arrest was related to a carjacking incident. The Complainant was transported to TPS 43 Division and booked. At that time, there was no obvious injury and the Complainant had not reported an injury. During a cell check, TPS officers noticed the Complainant had a swollen right hand. TPS provided ice and transported him to hospital. He was diagnosed with a fracture of the fifth metacarpal on the right hand. The youth was placed in a hard cast and returned back to TPS 43 Division.

The Team

Date and time team dispatched: 2024/10/21 at 9:18 a.m.

Date and time SIU arrived on scene: 2024/10/21 at 9:58 a.m.

Number of SIU Investigators assigned: 5

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on October 21, 2024.

Subject Official (SO)

SO 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 between November 14 and 18, 2024.

The Scene

The events in question transpired inside a bus shelter located in the area of Kingston Road and Lawrence Avenue East.

Figure 1 - Photograph of the bus shelter

Video/Audio/Photographic Evidence[2]

Body-worn Camera (BWC) Videos

The SIU received videos from TPS for BWCs assigned to Officer #1 and Officer #2.

On October 20, 2024, at 12:22:23 p.m., Officer #1 and Officer #2 arrived at the incident location. The Complainant was on a sidewalk with his hands behind his back, facing a short waist-high fence. A bus shelter was nearby. The Complainant’s left arm was held by the SO. WO #3, WO #2 and WO #1 were in the vicinity. Officer #1 and Officer #2 approached the group. Officer #2 took control of the Complainant’s right arm. The Complainant argued he had done nothing wrong but was otherwise compliant. He did not complain of any injuries. He was placed in a marked police vehicle.

In-car Camera System (ICCS) Videos

On October 20, 2024, at 12:25:22 p.m., the Complainant was placed in the rear prisoner compartment of a police vehicle. The transport was uneventful. The Complainant did not complain of any injuries.

Radio Communications

On October 20, 2024, at 3:22:58 p.m., the Complainant was transported to Centenary Hospital.

At 5:09:01 p.m., the Complainant was transported from Centenary Hospital to TPS 43 Division.

Custody Videos

On October 20, 2024, at 12:53:07 p.m., the Complainant was lodged in a cell at TPS 43 Division.

At 1:17:35 p.m., the Complainant rubbed his right hand with his left hand. He held his hands side by side and looked at them. He rubbed his right hand again at the outer edge near his fifth finger. He flexed the fingers on his right hand.

At 2:17:58 p.m., the Complainant spoke with someone at the door of his cell.

At 2:21:10 p.m., a special constable brought him an ice pack. The Complainant applied it to his right hand.

At 2:25:39 p.m., the special constable returned with a staff sergeant, who inspected the Complainant’s right hand.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from TPS between October 25, 2024, and December 6, 2024:

• General Occurrence Report
• Computer-aided Dispatch Report
• Use of Force Policy
• Notes – WO #1, WO #3, WO #2 and Officer #3
• Cell phone data
• Search warrant
• Use of Force Training Records – the SO
• Communications recordings
• BWC footage
• ICCS footage
• Scene photographs
• Custody footage

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from the Scarborough Health Network – Centenary Hospital on November 11, 2024.

The evidence collected by the SIU, including interviews with the Complainant and police witnesses, gives rise to the following scenario. As was his legal right, the SO chose not to interview with the SIU or authorize the release of his notes.

In the early afternoon of October 20, 2024, while seated in a bus shelter in the area of Kingston Road and Lawrence Avenue East, the Complainant was approached by two plainclothes TPS officers – the SO and WO #1 – and told he was under arrest for robbery. The Complainant stood up and was placed against the north wall of the shelter where his arms were handcuffed behind the back.

The SO and WO #1 were part of a team of officers that day intending to execute a search warrant at the Complainant’s residence and take him into custody in relation to an attempted carjacking.

The Complainant was transported to the police station. While there, he complained of pain in his right hand. The Complainant was taken to hospital and diagnosed with a fractured right hand.

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.

On October 20, 2024, the TPS notified the SIU that the Complainant had been diagnosed with a serious injury following his arrest by TPS officers earlier that day. The SIU 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.

I am satisfied that the SO was within his rights in seeking to arrest the Complainant. He was the subject of a search warrant for robbery.

I am also satisfied that the SO used no more force than was reasonably necessary to take the Complainant into custody. The evidence establishes that the Complainant cooperated in his arrest and the officers, including the SO, responded in kind. Aside from taking hold of the Complainant and positioning him against a wall of the shelter before bringing his arms behind the back to be handcuffed, all of which appears to have been accomplished with minimal force, there is no indication of any real force having been brought to bear. There is a suggestion in the evidence that the Complainant’s hand was broken when it struck the glass entrance of the shelter as he was being turned around by the SO. That evidence falls short, however, of establishing that the SO intentionally forced the Complainant into the glass or that he was otherwise reckless in his treatment of a prisoner under his control.

It remains unclear when and how precisely the Complainant suffered his injury. Evidence turned up in the investigation suggests it might have been incurred in an incident at school some time before the Complainant’s arrest. In any event, as there are no reasonable grounds to believe that the SO comported himself other than within the limits of the criminal law in his dealings with the Complainant, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: February 13, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit