No Charges Against Toronto Police Officer in Death of Man in Cell at 43 Division
(11 February, 2022) ---
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that a Toronto Police Service officer committed a criminal offence in connection with the death of a 48-year-old man while in custody at 43 Division last October.
On October 14, 2021, the man was arrested and lodged in a cell. He appeared unwell but said his symptoms were not anything new. The officer-in-charge did not feel he needed medical attention. Special constables periodically checked on the man throughout the night. The man was found deceased in his cell the following morning. Paramedics were called but it was apparent the man had been deceased for some time.
Although the cause of the man’s death remains undetermined at this time, Director Martino found no reason to believe that it was attributable to any unlawful conduct by the subject official (the officer in charge of the station with an overall responsibility for the care of prisoners in cells).
The nature and extent of supervision provided by the special constables, over whom the SIU has no jurisdiction, has been referred to the Toronto Police Service for investigation.
Full Director’s Report (with Incident Narrative, Evidence, and Analysis & Director’s Decision):
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
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Kristy Denette, email@example.com
SIU Communications/Service des communications, UES