News Release
SIU Closes Investigation into Firearm Death in Scarborough
Case Number: 10-TFD-182
Other News Releases Related to Case 10-TFD-182
SIU Appeals for Witnesses to Scarborough Firearm Death
SIU Investigates Firearm Death of Man in Scarborough
The SIU assigned seven investigators and four forensic investigators to probe the circumstances of this incident. One subject officer and eight witness officers were designated and interviewed in relation to this investigation. The investigation found that the following events took place on August 29, 2010:
- In the middle of the afternoon on August 29, 2010, Mr. Jardine-Douglas boarded a TTC bus heading southbound on Victoria Park Avenue;
- At about the same time, TPS received reports that Mr. Jardine-Douglas was acting irrationally;
- Officers in two marked police cars located the bus and followed it for a few blocks;
- The subject officer pulled in front of the bus when it stopped at Victoria Park Avenue and Biscayne Boulevard;
- A witness officer in the other police car stopped his vehicle facing southbound on Victoria Park Avenue, behind the bus;
- The subject officer got on the bus and spoke with the bus driver. The officer then turned his attention to Mr. Jardine-Douglas, who was standing near the rear door;
- Mr. Jardine-Douglas reached into his bag and produced a knife;
- The subject officer issued numerous commands to drop the knife. Mr. Jardine-Douglas did not comply and walked towards the subject officer;
- The subject officer repeated his commands and began backing out of the bus, drawing his firearm in the process. Mr. Jardine-Douglas continued to advance upon him with the knife;
- Mr. Jardine-Douglas followed the officer off the bus;
- The subject officer continued to retreat southbound, continually instructing Mr. Jardine-Douglas to drop the knife. Mr. Jardine-Douglas did not comply and continued in the officer’s direction;
- The subject officer fired four shots at Mr. Jardine-Douglas, two of which struck him;
- He was taken to Sunnybrook Hospital for treatment, where he was pronounced dead at 4:07 p.m.
Director Scott said, “In my view, the subject officer was justified in using lethal force under s. 34(2) of the Criminal Code. For no apparent reason, other than the fact that in the days prior to the shooting he had grown paranoid of the police, Mr. Jardine-Douglas attacked the officer with a knife. The subject officer backed off the bus, issued numerous commands to drop the knife, and continued to retreat until he was backed up against a hedge. He fired three rounds at Mr. Jardine-Douglas, causing him to falter and fall down. The officer clearly had a reasonable belief that he was in imminent risk of grievous bodily harm or death at this point. The final fatal round was discharged when the decedent was attempting to rise at a time when he continued to represent an imminent threat because he either continued to hold the knife or it was not apparent that he had disarmed himself. Accordingly, in the moments preceding the fatal shot, I am of the opinion that the subject officer had a reasonable apprehension of imminent grievous bodily harm or death given the prior lead-up events, the short distance between them and his reasonable apprehension that the decedent was still armed with a knife that he intended to use. Finally, the subject officer could not extricate himself from the threat because he had been backed up against a hedge.”
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