News Release
Man’s Injury not Caused by Police Officers; SIU Terminates Toronto Police Investigation
Case Number: 20-TCI-164
The Director of the Special Investigations Unit, Joseph Martino, has terminated an investigation into the injury sustained last month by a 50-year-old man in Toronto.
On Monday, July 6, 2020, Toronto Police officers responded to the Jane-Finch Mall, after receiving a complaint of a man sleeping or unconscious. The man was agitated and non-compliant with TPS. He was arrested and during his arrest he resisted. A third-party man attempted to assist with the arrest and in doing so, was kicked in the left ankle. The third-party man was diagnosed with a left ankle fracture, which required surgery. The third-party man was interviewed and stated no TPS officer contributed to his injury.
Director Martino said, “Based on the SIU’s preliminary inquiries, including an interview of the injured man, it is evident there is patently nothing to investigate as far as the potential criminal liability of any police officer is concerned. The man candidly acknowledged that the police did not cause or contribute to his injury- a left ankle fracture. Rather, his injury was inflicted by a man who kicked him as he was intervening to assist a couple of police officers. In the circumstances, the investigation is hereby discontinued, and the file is 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