Mandate of the SIU

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault. The Unit’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the Police Services Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether an officer has committed a criminal offence in connection with the incident under investigation. If, after an investigation, there are reasonable grounds to believe that an offence was committed, the Director has the authority to lay a criminal charge against the officer. Alternatively, in all cases where no reasonable grounds exist, the Director does not lay criminal charges but files a report with the Attorney General communicating the results of an investigation.

Information restrictions

Freedom of Information and Protection of Personal Privacy Act (“FIPPA”)

Pursuant to section 14 of FIPPA (i.e., law enforcement), certain information may not be included in this report. This information may include, but is not limited to, the following:

  • Confidential investigative techniques and procedures used by law enforcement agencies; and
  • Information whose release could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding.

Pursuant to section 21 of FIPPA (i.e., personal privacy), protected personal information is not included in this document. This information may include, but is not limited to, the following:

  • subject officer name(s)
  • witness officer name(s)
  • civilian witness name(s)
  • location information
  • witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence and
  • other identifiers which are likely to reveal personal information about individuals involved in the investigation

Personal Health Information Protection Act, 2004 (“PHIPA”)

Pursuant to PHIPA, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may have also been excluded from this report because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.

Mandate engaged

The Unit’s investigative jurisdiction is limited to those incidents where there is a serious injury (including sexual assault allegations) or death in cases involving the police.

“Serious injuries” shall include those that are likely to interfere with the health or comfort of the victim and are more than merely transient or trifling in nature and will include serious injury resulting from sexual assault. “Serious Injury” shall initially be presumed when the victim is admitted to hospital, suffers a fracture to a limb, rib or vertebrae or to the skull, suffers burns to a major portion of the body or loses any portion of the body or suffers loss of vision or hearing, or alleges sexual assault. Where a prolonged delay is likely before the seriousness of the injury can be assessed, the Unit should be notified so that it can monitor the situation and decide on the extent of its involvement.

This report relates to the SIU’s investigation into the serious injury reportedly sustained by a 52-year-old man during his arrest on August 26, 2017.

The investigation

Notification of the SIU

At approximately 12:07 p.m. on September 26, 2017, the Toronto Police Service (TPS) notified the SIU of the serious injury sustained by the Complainant.

The TPS reported that the Complainant had been arrested on two occasions by the TPS. On Saturday, August 26, 2017, the Complainant stumbled and fell on the ground while exiting the Lululemon store located inside the Yorkdale Mall. Police officers attended the Yorkdale Mall and arrested the Complainant for public intoxication. He was released the next day.

On Sunday, August 27, 2017, the Complainant was arrested for theft and threatening with a knife. He was transported to a police station and lodged in a cell. After his release, the Complainant received treatment from his family doctor. He then attended a police station and complained to a police officer that he had sustained a fracture to his ribs as a result of his interaction with police officers on Saturday, August 26, 2017.

The Team

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 0

Complainant:

52-year-old male interviewed, medical records obtained and reviewed

Civilian Witnesses

CW #1 Interviewed

CW #2 Interviewed

Witness Officers

There were no witness officers designated for this incident.

Subject Officers

There were no subject officers designated for this incident.

Incident narrative

On Saturday, August 26, 2017, the Complainant was at the Lululemon store inside the Yorkdale Mall in the City of Toronto. The Complainant was intoxicated and was asked to leave by one of the employees inside the store.

The Complainant refused to leave and was subsequently pushed by an unknown customer in the store, landing forcefully on his stomach outside the store. The Complainant was then escorted by the mall security officers and a police officer inside the mall to the security office.

Two TPS officers then escorted the Complainant out of the security office to a police vehicle. The Complainant was then transported to the police station and lodged in a cell. He was released the next day.

On Sunday, August 27, 2017, the Complainant attended hospital in an ambulance from the police station. He was diagnosed with a fracture to his rib and released. He then went to a Canadian Tire store and began to threaten the employees inside the store. Police officers arrived and arrested the Complainant outside the Canadian Tire store. He was transported to the police station and later attended court, where he was sentenced to serve a short custodial sentence.

After the Complainant was released from custody, he attended a police station to enquire about his property. While at the police station, the Complainant reported that he had been struck by a police officer multiple times during his arrest on August 26, 2017, and had sustained a fracture to his rib.

Nature of Injuries / Treatment

The Complainant’s medical records revealed that the Complainant had sustained a mildly displaced fracture of the lateral ninth right rib.

Evidence

The Scene

The scene was located inside the Lululemon store in the Yorkdale Mall. Due to the passage of time prior to the notification of the SIU, the scene was no longer capable of yielding any evidence of value to this investigation.

Forensic Evidence

No submissions were made to the Centre of Forensic Sciences.

Video/Audio/Photographic Evidence

Lululemon Store - Closed Circuit Television (CCTV) Recordings, Saturday, August 26, 2017

The SIU requested and received CCTV recordings located inside the Lululemon store. The CCTV recordings depicted the following:

  • At 1806:18 hrs A man [later identified as the Complainant] entered the Lululemon store located inside the Yorkdale Mall. He appeared to be walking in a manner that would suggest he was intoxicated;
  • At 1809:15 hrs The Complainant picked up a dumbbell and threw it towards a woman [later identified as CW #1];
  • At 1810:13 hrs An unknown male then grabbed the Complainant from behind and forcefully pushed him towards the front entrance of the store. The Complainant landed on his stomach on the floor outside of the store, knocking over a mannequin as he fell;
  • At 1810:50 hrs The unknown man exited the store and walked toward the hallway of the mall;
  • At 1813:28 hrs The Complainant rolled over on his back. Security officers arrived outside the store;
  • At 1816:20 hrs The Complainant was escorted by the security officers away from the store.

Yorkdale Mall Hallway - CCTV Recordings, Saturday, August 26, 2017

The SIU requested and received various CCTV recordings from the Yorkdale Mall. The CCTV recordings did not have any time stamp and depicted the following:

  • The Complainant entered the Lululemon store
  • The Complainant landed on the floor outside the store on his stomach
  • Four security officers attended and spoke with the Complainant
  • The Complainant was escorted by the security officers towards the security office
  • Two police officers arrived on the way to the security office and met with the Complainant, and
  • The Complainant was escorted by the security officers and a police officer towards the security office

Yorkdale Mall Security Office - CCTV Recordings, Saturday, August 26, 2017

  • The Complainant, two police officers, and several security officers entered the Yorkdale Mall security office
  • The Complainant entered a cell located inside the security office
  • A police officer searched the Complainant and exited the cell
  • The Complainant kicked, causing banging sounds from inside the cell
  • The Complainant urinated on the cell floor
  • Two police officers entered the cell and handcuffed the Complainant
  • The police officers left the cell
  • A paramedic entered the cell and assessed the Complainant
  • The Complainant was escorted out of the cell and placed in a different cell by two police officers, and
  • Two police officers escorted the Complainant out of the cell

Yorkdale Mall Security Office Parking Lot – CCTV Recordings, Saturday, August 26, 2017

  • The Complainant was escorted by two police officers and a security officer to the parking lot, and
  • The Complainant was placed inside the rear seat of the police vehicle

TPS Vehicle - In-Car Camera System (ICCS) Recordings, Saturday, August 26, 2017

The SIU received and reviewed the ICCS from the involved TPS vehicle. The recordings depicted the following:

  • At 2032:27 hrs The Complainant was escorted from the Yorkdale Mall security office parking lot towards the police vehicle
  • At 2032:50 hrs The Complainant was placed in the rear seat of the

police vehicle;

  • At 2042:00 hrs The police vehicle exited the parking lot, and
  • At 2055:00 hrs The police vehicle arrived at the police station

TPS Booking Hall and Cell Area – CCTV Recordings

The SIU received and reviewed the booking hall CCTV recordings. The recordings from Saturday, August 26, 2017 until Sunday, August 27, 2017 depicted the following:

  • At 2057:08 hrs The Complainant was escorted into the booking hall by two police officers. The Complainant appeared intoxicated and was belligerent toward the police officers;
  • At 2104:57 hrs The Complainant was escorted and lodged inside cell number eight;
  • At 0924:14 hrs The Complainant was escorted out of the cell into the booking hall. He told a special constable that he may have fractured his ribs as a result of onerous physical exercise;
  • At 0926:15 hrs The Complainant told the booking hall area sergeant that he had sore ribs and wanted to go to the hospital;
  • At 0948:34 hrs The Complainant was escorted out of the booking hall area on a stretcher by the paramedics.

Materials obtained from Police Service

Upon request, the SIU obtained and reviewed the following materials and documents from the TPS

  • In Car Camera Video Recording from involved police vehicle
  • Video from TPS booking hall and cell area
  • General Occurrence Report (August 26, 2017), and
  • General Occurrence Report (August 27, 2017)

The SIU obtained and reviewed the following materials and documents from other sources:

  • Medical Records of the Complainant related to this incident
  • Incident Report prepared by Lululemon staff
  • CCTV Recording from Lululemon Store, and
  • CCTV Recordings from Yorkdale Mall

Relevant legislation

Section 31(4), Liquor Licence Act – Intoxicated in a public place

31 (4) No person shall be in an intoxicated condition,

  1. In a place to which the general public is invited or permitted access; or
  2. In any part of a residence that is used in common by persons occupying more than one dwelling in the residence

Analysis and director’s decision

On August 26, 2017, Toronto Police Service Constables responded to a call from mall security at the Yorkdale Mall. The Complainant, who was apparently intoxicated, had been forcefully removed from the Lululemon Store inside the mall. He was later arrested by police for public intoxication, transported to the police station, and lodged in a cell. The following day he was transported to a hospital where he was diagnosed with a mildly displaced fracture of the lateral ninth right rib.

The Complainant, in his statement to SIU investigators, advised that he had no recollection of being inside the Lululemon store in the Yorkdale Mall on Saturday August 26, 2017, although he did recall having consumed three beer, 20 ounces of Tequila, and 30 pills of Clonazepam, earlier in the day. His next recollection was standing next to a police cruiser and being handcuffed by two police officers. He alleged that he was then suddenly struck on the left side of his body by one of the officers and felt pain in his ribs. He also recalled slightly resisting the officers. The Complainant’s next recollection was being at the hospital the following day, but he had no recollection of what occurred there. Later that day, he recalled being in a Canadian Tire store where he was arrested for a second time for theft and he went to hospital again where he received an x-ray and was told he had no injuries.

After attending court and being convicted and sentenced, he served his sentence and was told by medical staff at the facility that he had sustained multiple fractures to his ribs.

During the course of this investigation, in addition to the Complainant, two civilian witnesses were interviewed. Fortunately, the Complainant’s entire route from the inside of the Lululemon Store, along the corridors of the Yorkdale Mall (while escorted by security officers and later police), to the security office, inside the security office, from the security office to the police vehicle, inside the police vehicle during transport, and at the police station, were all recorded on CCTV video footage.

The evidence of the civilian witnesses, combined with the video footage, provided a clear sequence of events. At approximately 6:06 p.m., the Complainant was observed inside the Lululemon Store where he became aggressive towards sales staff and threw a dumbbell at a salesperson. He was described as being intoxicated. Thereafter, he is observed on video being grabbed by a customer and forcefully pushed out of the store, where he then falls to the floor taking a 20 pound mannequin with him.

Four security officers then arrived and escorted the Complainant out of the store towards the security office. They are joined by two police officers en route. The Complainant is seen to enter the security office where he is searched by a police officer and lodged in a cell. When the police officer exits the cell, the Complainant is seen to kick and bang inside the cell and then urinate on the floor. The Complainant is then handcuffed by two police officers, after which he is seen by a paramedic and subsequently moved to a different cell.

The Complainant is then captured on video as he is escorted out of the mall to a police cruiser by two police officers and a security officer. Contrary to the allegation of the Complainant, he is not assaulted by any officer while being placed into the police cruiser. The in-car camera video then captures the Complainant being transported to the police station, and there is no physical contact between the police officers and the Complainant.

Once at the police station, the Complainant is seen exiting the cruiser and being escorted to the booking hall and later lodged inside a cell. The Complainant is heard to tell a special constable that he may have fractured his ribs as a result of onerous physical exercise. The Complainant is then heard to tell the booking sergeant that he has sore ribs and wants to go to hospital, and he is taken out of the booking hall on a stretcher by paramedics.

As a result of the irrefutable and extensive video evidence of the Complainant’s activities inside Yorkdale Mall on August 26, 2017, and thereafter both in the police vehicle and in the police station, it is clear that at no time was the Complainant struck by any police officer. If he did indeed suffer his rib injury on August 26, 2017, the only reliable evidence to indicate when that injury may have been sustained is that it occurred when a customer forcefully pushed him out of the Lululemon Store and he fell to the floor along with a 20 pound mannequin. None of the actions of the security officers or the police officers who had contact with the Complainant on August 26, 2017, as fully recorded in the video evidence, revealed any actions on their part which could in any way account for his injuries. As a side note, it is clear that the Complainant’s injury, on his right side, does not accord with his allegation of being struck by a police officer on the left side.

On this evidence, there is absolutely no basis upon which I can form reasonable grounds to believe that the Complainant was in any way mistreated by police, and there is no basis for believing that he sustained his injuries at the hands of police. As such, there is no basis for the laying of any criminal charges and none shall issue.

Date: June 21, 2018

Original signed by

Tony Loparco
Director
Special Investigations Unit