News Release
Toronto Police Officer Charged with Criminal Negligence Causing Death and Failing to Provide the Necessaries of Life
Case Number: 16-TOD-029
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The Director of the Special Investigations Unit has caused two charges to be laid against a Toronto Police Service constable in relation to the death of a man earlier this year.
An SIU investigation found the following:
- Around 2:00 p.m., on February 2, 2016, a man sought the assistance of a police officer in regards to a suicide attempt by another man inside High Park in Toronto.
- The suicidal 19-year-old man was pronounced dead close to 3:30 p.m. that afternoon.
As a result of the SIU investigation, the Director of the Special Investigations Unit, Tony Loparco, has reasonable grounds to believe the police officer committed the criminal offences of criminal negligence causing death and failing to provide the necessaries of life.
Constable Kyle Upjohn is now facing a charge of criminal negligence causing death, contrary to s. 220(b) of the Criminal Code of Canada, and a charge of failing to provide the necessaries of life contrary to s. 215(2)(b) of the Criminal Code of Canada.
The police officer is required to appear before the Ontario Court of Justice at the Old City Hall Courthouse on August 4, 2016.
The matter is now properly before the courts. In consideration of the fair trial interests of the accused, the SIU will make no further comment.
The SIU is an independent government agency that investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must
- consider whether the official has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
- publicly report the results of its investigations