News Release
SIU Terminates Investigation into Arrest Of Man in Toronto Coffee Shop
Case Number: 19-TCI-269
The Interim Director of the Special Investigations Unit, Joseph Martino, has terminated an investigation into an interaction that occurred last month inside a Toronto coffee shop.
On the morning of November 13, 2019, Toronto Police Service officers responded to a Tim Hortons located at 1094 Bloor Street West for an assault call. Soon after arriving, an officer and a 44-year-old man engaged in a struggle. The man was arrested and taken to the police station. When he complained of pain to his right hand, he was transported to hospital for treatment.
Interim Director Martino said, “SIU investigators spoke with the man briefly the day of the incident, at which time he made it clear that he was not interested in being interviewed by the SIU. In the absence of a fulsome statement from the man, I am satisfied that there is presently an insufficient foundation from which to continue with an investigation of this matter. Indeed, given the man’s refusal to cooperate with investigators, the SIU is also unable to gather his medical records to confirm whether it even has a “serious injury” for purposes of its jurisdiction. A video recording, while depicting a struggle between the officer and the man, is not in itself helpful in assessing whether the man was the subject of excessive police force. In the circumstances, the investigation is hereby discontinued, and the file, closed.”
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