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 23-year-old man (the “Complainant”).

Notification of the SIU[1]

On May 1, 2024, at 5:49 p.m., the Toronto Police Service (TPS) notified the SIU of the death of the Complainant.

According to the TPS, on April 25, 2024, the Peel Regional Police (PRP) received a call for service concerning a male in distress and possibly on drugs, at or near a Tim Hortons in Brampton. PRP officers arrived and found the male - the Complainant - conscious and breathing. They performed a check of their records and discovered that the Complainant was wanted by the TPS on a warrant in relation to a shooting. Witness Officer (WO) #4 transported the Complainant to TPS 31 Division and paraded him in front WO #1. While at 31 Division, the Complainant was taken to the hospital, after which he suffered a cardiac arrest and was placed on life support. On May 1, 2024, the Complainant was determined to be clinically dead and, at 11:12 a.m., removed from life support. He died at 2:18 p.m.

The Team

Date and time team dispatched: 2024/05/01 at 8:00 p.m.

Date and time SIU arrived on scene: 2024/05/03 at 11:00 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

23-year-old male; deceased

Subject Official (SO)

SO Interviewed; notes received and reviewed

The subject official was interviewed on September 10, 2024.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Not interviewed; notes reviewed and interview deemed unnecessary

WO #3 Not interviewed; notes reviewed and interview deemed unnecessary

WO #4 Not interviewed; notes reviewed and interview deemed unnecessary

The witness official was interviewed on July 29, 2024.

Service Employee Witness (SEW)

SEW Interviewed; notes received and reviewed

The service employee witness was interviewed on July 21, 2024.

Investigative Delay

The Report of Postmortem Examination was received from the Coroner’s Office on April 14, 2025.

The Scene

The events in question transpired inside the Circle K / Esso gas station, 7970 Mavis Road, Brampton, and the booking and cells area of TPS 31 Division, 40 Norfinch Drive, Toronto.

Video/Audio/Photographic Evidence[2]

PRP Communications Recordings & Computer-assisted Dispatch (CAD) Report

On April 25, 2024, at about 8:10 a.m.,[3] a person called PRP from the Circle K / Esso gas station at 7970 Mavis Road in Brampton to report a customer - the Complainant - drunk or high on something. He had entered vehicles belonging to other customers, and vomited in the store. A woman had been pumping gas when the Complainant entered her vehicle and sat in it. They removed him from the woman’s vehicle, but he was still hanging around the store. The caller provided a description of the Complainant and indicated an ambulance might be required. The Complainant was sitting inside the store on the Tim Hortons’ side near the window passing out, and possibly falling asleep.

At about 8:12 a.m., the SO was dispatched to respond to a ‘priority two’ call for a suspicious person.

At about 8:13 a.m., WO #4 was assigned to the call.

At about 8:21 a.m., the SO broadcast he was with the Complainant, who was conscious and breathing.

At about 8:24 a.m., the SO asked the dispatcher to run a check on the Complainant, and subsequently learned that the Complainant was wanted by TPS for aggravated assault, unauthorized possession of a firearm, and uttering threats. There were also cautions associated with the Complainant for violence, family violence, and unauthorized possession of a registered firearm.

At about 8:25 a.m., the SO reported the Complainant was in custody. The officer asked for confirmation of a warrant for the Complainant held by TPS.

At about 8:56 a.m., WO #4 said he had the Complainant on board and was relocating him to TPS 31 Division.

At about 9:18 a.m., WO #4 arrived at TPS 31 Division.

TPS Custody Footage

On April 25, 2024, starting at about 9:25 a.m., WO #4 and WO #2 were captured in the booking hall with WO #1.

Starting at about 9:26 a.m., WO #4 escorted the Complainant from the sally port into the booking hall with his hands cuffed behind his back. The Complainant walked on his own but did not appear to be steady on his feet. He was whispering. The Complainant leaned against the wall and his eyes appeared to be closed as he continued whispering. He told the police officers he could not speak loudly. Also, he told WO #1 he took a medication used to treat the symptoms of a mental health condition. WO #1 suggested the Complainant be seated for the booking process.

Starting at about 9:28 a.m., the Complainant sat on the bench in the booking hall. WO #1 told the Complainant he was responsible for his health and safety, and wanted to know what was going on with him. WO #1 asked for a pen and paper for the Complainant to write as he (the officer) was still having trouble hearing his responses.

Starting at about 9:30 a.m., WO #4 removed the handcuffs. WO #1 asked the Complainant what he was experiencing. The Complainant began to write on a notepad provided to him. He handed the page to WO #1, who mentioned he did not know what he was looking at. The Complainant continued to whisper and leaned on the desk, periodically putting his head down. WO #1 asked what kind of medical conditions he suffered from. The Complainant provided details of his mental health condition. He continued to whisper with his head on the desk.

Starting at about 9:33 a.m., the Complainant placed his left hand on his chest and his facial expression looked as though he was in discomfort. He told the officers he wanted to sit down and was placed back on the bench. He continued whispering to the police officers. WO #4 asked him if he said he had extreme anxiety, and the Complainant nodded while continuing to whisper. The Complainant shook his head when asked if he had taken any drugs or consumed alcohol. He explained he was administered medication once per month by injection.

Starting at about 9:39 a.m., WO #4 and WO #2 helped the Complainant to his feet. The Complainant was walked over to the wall where he was searched by WO #2.

Starting at about 9:41 a.m., the Complainant’s knees appeared to buckle, and he began to fall to his right. WO #4 and WO #2 helped him back upright and the search continued. They told him he would be able to lie down after the search was completed. The Complainant stood facing the wall with his hands up and rested his head against his hands.

Starting at about 9:44 a.m., the search was completed, and the Complainant was escorted back to the bench where he sat. The Complainant leaned to his right and rested his head on a blue bin beside him as the officers logged his personal effects. He continued to whisper. Once WO #2 was done bagging his property, he was told to take the Complainant to the fingerprinting room.

Starting at about 9:53 a.m., WO #4 and WO #2 helped the Complainant to his feet, and escorted him out of the booking hall.

Starting at about 10:04 a.m., the Complainant appeared in the doorway. He was escorted to a cell by WO #2 and placed in the cell. He was seated on the bench and WO #2 immediately closed the cell door. The SEW entered the cell corridor with what appeared to be a key in his right hand. He locked the cell door. The SEW and WO #2 cleared the cell area.

Starting at about 10:08 a.m., the SEW re-entered the cell corridor. He approached the cell and appeared to have a conversation with the Complainant for about 25 seconds, before leaving.

Starting at about 10:11 a.m., the SEW returned to the cell corridor and appeared to speak with the Complainant for about ten seconds before leaving.

Starting at about 10:12 a.m., the SEW returned and spoke with the Complainant again. He left the cell area 43 seconds later.

Starting at about 10:18 a.m., the SEW returned to the cell with WO #1. They both appeared to speak with the Complainant, who remained in the cell, and then left the cell corridor.

Starting at about 10:25 a.m., the SEW returned with WO #2. He made a hand motion for the Complainant to get up as he unlocked the cell door. The SEW opened the door, and he and WO #2 motioned for the Complainant to come to them. They exited the cell with the Complainant. They began to walk down the corridor and stopped about halfway. As the constables tried to bring his wrists together, the Complainant stumbled backward. They continued to walk him out and escorted the Complainant into the booking hall where WO #1 was standing by. A voice was heard saying he was brought in there to be transported to hospital. The Complainant began to fall backward as they tried to let him stand on his own. WO #1 helped the SEW and WO #2 hold the Complainant up while WO #2 handcuffed his hands behind his back. The Complainant whispered the handcuffs were too tight. He was told he was being transported to the hospital to get checked out.

Starting at about 10:26 a.m., WO #2 walked him to a police cruiser waiting in the sally port.

PRP Body-worn Camera (BWC) Footage – The SO

On April 25, 2024, starting at about 8:20 a.m., the SO exited his cruiser at an Esso gas station and entered a Circle K store. A man [now known to be the 911 caller] immediately pointed towards the window. The SO approached a man – the Complainant – sitting on a stool near the window and asked him what he had taken. The Complainant whispered and gave a thumbs-up. His response could not be heard. The SO asked if he wanted an ambulance. The Complainant shook his head and gave a thumbs-up. He smiled and said he was good. The SO asked him for his identification and said he was being investigated for trespassing. The Complainant was cooperative and answered his questions.

Starting at about 8:22 a.m., WO #4 arrived and engaged with the Complainant. The SO went to WO #4’s police vehicle to use the computer.

Starting at about 8:23 a.m., the SO re-entered store and radioed dispatch to check the Complainant. He told WO #4 that the Complainant was wanted by the TPS. WO #4 asked the Complainant to stand up and put his hands behind the back. The Complainant cooperated. The SO told the Complainant he was wanted by TPS and under arrest. WO #4 handcuffed the Complainant hands behind his back. The dispatcher broadcast that the Complainant was wanted for aggravated assault, unauthorized possession of a firearm, uttering threats, and unauthorized possession of a registered firearm. He was also prohibited from driving. The SO broadcast there was one person in custody and asked for the TPS warrants to be confirmed. WO #4 searched the Complainant in the store. At one point, the Complainant attempted to reach into his pockets, and he was warned he would be grounded if he continued.

Starting at about 8:27 a.m., WO #4 exited the store and escorted the Complainant to his police cruiser. The SO took a statement from the 911 caller.

PRP BWC Footage - WO #4

The Complainant told WO #4 he had been released from jail the night before. He was whispering and said he had lost his voice.

Starting at about 8:28 a.m., the Complainant sat in the back seat of WO #4’s police cruise, entering without assistance. WO #4 read him his rights and cautioned him.

TPS BWC Footage - WO #3

On April 25, 2024, starting at about 10:45 a.m., WO #3 exited a police cruiser. The Complainant was in the rear seat and whispering. The Complainant asked for help getting out of the vehicle. He was able to walk as he was escorted by WO #3 and WO #2 into the ambulance bay and then inside a hospital.

TPS BWC Footage - WO #2

On April 25, 2024, starting at about 10:45 a.m., WO #2 was standing on the passenger side of police cruiser. The Complainant was taken out of the police cruiser and into the hospital.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the PRP and TPS between May 2, 2024, and September 18, 2024:

• PRP Occurrence Report;
• PRP Incident Details Report;
• PRP Incident History;
• PRP Communications recordings;
• PRP Roles of the Officers;
• PRP BWC footage - the SO and WO #4;
• PRP In-car camera (ICC) footage;
• PRP Directive - First Aid;
• PRP notes – the SO and WO #4;
• TPS General Occurrence Report;
• TPS custody footage;
• TPS Involved Officer List;
• TPS Booking Report – the Complainant;
• TPS Policy - Person In Custody;
• TPS ICC footage;
• TPS BWC footage - WO #3 and WO #2;
• TPS notes - WO #1, WO #2, WO #3 and the SEW;
• TPS Known File Impressions – the Complainant;
• TPS communications recordings; and
• TPS warrant – the Complainant.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between May 5, 2024, and April 14, 2025:

• Preliminary Autopsy Findings Report from the Ontario Forensic Pathology Service;
• The Complainant’s medical records from Humber River Hospital; and
• Report of Postmortem Examination from the Coroner’s Office.

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

In the morning of April 25, 2024, the SO, followed shortly by another PRP officer, WO #4, arrived at the Circle K / Esso gas station at 7970 Mavis Road, Brampton. A 911 call had been received reporting that a male – the Complainant – was harassing customers and appeared intoxicated by drugs or alcohol. The officers questioned the Complainant inside the store. He was cooperative and provided his name. Asked if he wanted medical attention, the Complainant refused. He denied the use of drugs or alcohol. Having checked his name and learned that there was a warrant in effect for his arrest by the TPS, the officers took the Complainant into custody without incident.

WO #4 drove the Complainant to TPS 31 Division and paraded him before WO #1 for booking at about 9:30 a.m. The Complainant was unsteady on his feet, spoke in a low voice, and spoke and breathed rapidly. He told WO #1 that he suffered from psychosis and took medication for the condition. He denied having consumed alcohol or drugs, and indicated he was not physically injured. WO #1 was having difficulty discerning the Complainant’s replies to his questions and asked him to write them out with pen and paper. The Complainant returned the paper with writing that made no sense. The Complainant was searched, fingerprinted, and lodged in a cell. Concerned with the Complainant’s wellbeing, WO #1 directed that the special constable assigned to monitor him - the SEW - keep him in close check. The time was about 10:04 a.m.

At about 10:18 a.m., WO #1 approached the cell in the company of the SEW, who had expressed concern with the Complainant’s health. The Complainant was laying on the cell bench still whispering and breathing rapidly, but he was no longer responsive to the officers’ questions. WO #1 arranged to have two officers – WO #2 and WO #3 – transport the Complainant to hospital.

The transporting officers and the Complainant arrived at hospital at about 10:45 a.m.

While in the care of hospital later that day, the Complainant collapsed and went unconscious. He was placed on life support and pronounced brain dead in the morning of May 1, 2024. In the afternoon of that day, with the removal of life support, the Complainant passed away. The time was 2:18 p.m.

Cause of Death

The pathologist at autopsy concluded that the cause of the Complainant’s death was “unascertained”. She did opine that “[c]omplications of taking a toxicologically significant substance is likely what led to this man’s demise”.

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 died in hospital while in the custody of the TPS on May 1, 2024. He had been arrested by PRP on April 25, 2024, and transferred to the TPS, on the strength of an arrest warrant taken out by the TPS. The SIU was notified of the incident and initiated an investigation naming one of the PRP arresting officers – 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 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 Complainant’s police custodians, including the SO, sufficiently serious to attract criminal sanction, that endangered the Complainant’s life or caused his death. In my view, there was not.

The Complainant was lawfully in police custody from the moment of his arrest by the SO and WO #4 of the PRP. Given the warrant in effect, the officers were within their rights in apprehending the Complainant and transporting him to TPS 31 Division.

With respect to the care afforded the Complainant through his period in custody, the evidence indicates that none of the officers who dealt with him fell short of the requirements of the criminal law. The Complainant certainly appeared off – breathing rapidly, whispering, unsteady and, at times, incoherent – but there was nothing to suggest he needed immediate medical attention. He was able to articulate that he suffered from mental illness, for which he took medication, but denied being injured or having consumed alcohol or drugs. To his credit, because of the Complainant’s behaviour, WO #1 directed that he be monitored closely. Within minutes of that instruction, asked to the cells by the special constable watching the Complainant, WO #1 arranged to have him sent to hospital.

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

Date: April 17, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit