News Release

Toronto Police Officer Facing Additional Charge: Breach of Trust by a Public Officer

Case Number: 16-TOD-029   

Mississauga (4 August, 2016) ---
In June 2016, the Director of the Special Investigations Unit (SIU) caused two charges to be laid against a Toronto Police Service constable in relation to the death of a man earlier this year.  An additional charge has now been laid against that officer.

An SIU investigation found the following:
At approximately 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, had reasonable grounds to believe that Constable Kyle Upjohn committed the criminal offences of criminal negligence causing death and failing to provide the necessaries of life.  Director Loparco has now caused the additional charge of breach of trust by a public officer, contrary to s. 122 of the Criminal Code of Canada, to be laid against the officer.

Constable Upjohn appeared before the Ontario Court of Justice at the Old City Hall Courthouse on August 4, 2016 to answer to all of the charges. 

The matter is properly before the courts.  In consideration of the fair trial interests of the accused, the SIU will make no further comment. 

If you or someone you know is an affected person in need of support, please call the Affected Persons Program General Referral Line at 1-877-641-1897 or click here for more information: siu.on.ca/en/apc.php

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