aan 221010) PECIAL, Unirt [NVESTIGATIONS DES ENQUETES ‘UNtr SPECIALES Independant Investigations Conanuaity Confidence * Bugutsinddpendantes~ Collectvtsrassurées File wa5-Tc1-182 ‘ia malo: ef xoronto June 22, 2016, tie ark Saunders “orontoPlce Service, a0ccolegesireet “Toronto, Ontario ase 28 Dear chief Saunders: Pursuant to .1(4 ¢f Regulation 267/10 une the Police Services Atl 2dise you that my feport regarding the Casto nity Is bean sentta the Attorney Caner ‘The iwestigaton by fis Unitas been completed the fl has been hosed and no further action is entempate. Aft relew of lo the evidence avaliable tome, have concluded that there fs to evidentiary bat atrbute perforated gard tothe actors of any ofthe Tube officers. Varove, have determined that the force employed In affecting rest didnot go beyond what was reasonable inthe crcumstances. (onthe evening of May 30,2015, he attested to amit krifepalt bboy of Member f the Toronto Folie Serve AL Division Major Crimes uni tokcarriage ofthe Investigation. Despite the fact that was ot eseenc, they sought and obtained Judea authorization to enter the premises. A Feeney warant was ssved and the Emergency Tok Force Ut eT] attended the address inorder toreeute teeny and affect the atest. sto cps Bose 2 ea Cnn ba nA 1 Ween Ss ees ne Pa ten ‘A00540391.000001221) s210%0) ‘The ETE Unit that wat asta o execute the Feeney watant was under the commend of Itnas decided that a team of ETF officers would employ "breach and hol technique when theyentered the residence, Thee was sever-man entry team who were led by ‘All tree subject oie, that beng snd ‘were part ofthe entry tea, when the entry teamsetupt breach the door was scovered tebe unlocked hus obviating the need fora fore ent. ‘me dected call out He yelled Thutipc tines in en otrerely laud voce that that ETF were presrt, that they had the house surrounded and that ‘wos rquitea to ec the rerfence with aahing ais hands. his falls eve met wityslence ext action wat to patch a reconnalssance scout The scout revealed thet the basement was indeplorabl conden, with clothing, garbage and fecs tering the for. Tis {sted icy fhe mobility ofthe ect, and result they wore unable to confirm presence ‘The tem entered the residence ine tactical sequence at 9:3 pi. wasatthe ‘ont ofthe group wtch entered ina incor formation He had his semi-automatle pistol drawn and Wat ao utling 2 foot ple witha hw andaeor at the eter end "wasbehind him with shotgun drawn, and ‘was nein ne with is Cewveraum. The unttbegan Inspecting and ceoring individual roonsin the apartment athe while ‘was contin to cll out to "The unit then approached a docray which was covered with a blaret. aves hand sero, ured back tho pale rm and wae hance acta balls ‘then pled down the blanket thatwas hanging in te doo frame, The oom was dt and ily and coud be seen Iingon bed inthe igh back comer ‘The ofiers were approximately 15 feet away from wen hey woke itn up, had i pio pointed t ‘eyeing at him to show his hands. achnowledges the ofers, and seemed annoyed saying "yeah Yeah m doi.” stood upvand ‘order rim ta geton the ground ‘gnotedthe direction. At thot point, ‘saw aleifeon the bed recy beside right end. He began to yl if, fe” and comnued telat togetonthesround. When ‘Se not espond, {eployed hs CEW a: him ‘Nter the CEW prong latched onto he stifened up an fol to the ground. The afcers then moved into secure hin. ‘pressed he bait shield onto ck inorder to immobie hr. despite having eeclved» EW dlazharge, was thrashing “boutand stuaplingegaist the offices Por roughly 30 second tug, ‘ently usceeded in handling Al ffiers who provided intorviows tothis unt inecates that ‘wor not struck by any office in the course ofthe arrest was brow outside at aporoxintely 9:21 pam. it Became abous that there was blood coming rom his ears and that he had sustained a smal et above right eyebrow. inferred tat ‘was inured ring the couse ofthe struggle, however none of ‘the offer fntersiewed definitively nceated that sinus wore neured earng the arrest oyna 4 -00sco30_2.000002sain 221190) proces wes subsequent assessed by tactal premedies.The CEW pronge were Femoved, and ‘was transported 10 ‘Ones atthe hospital he eccive vee sutures tote laceration above his ight eyebeow, and was disgnoses with ‘esforated left eardrum, His ear wis Ceaned, and he was leased nto police custody with a posite prognst. Cceen tho rate of Injures, itis neessary forme to consider the Hkethood that they ‘Were nfete by the police officers The avaiable evidence doesnot support a conclsion thet prforateeexrum ws caused by any ofthe subject oficers or by any member ofthe CTF unt The ssossng psn, ‘provided an explanation ofthe potental causes Sforuptaree eareun. ts am uy thats typically sen when someone encounters a deafening {oud sound, sm same of which woul be a straction deve commonly referred tas “lesh bong _whnesses interviewed, Inching multiple officer outside the residence, ndcated that they ld rot hear any uch deve beng deployed. inspected the basement after the police Fad removed eedrecourted that there was no ada smell or burn marks that woul! have been present hada fish beng been deployed There also the compelling explanation that there ttovld be ro point in employing a distraction device, gan that the ETF was continual announcing Theirpresonce.Lsty there the cneideration that the ofcers deployed a fash bang when they fentered te bedroom Itwould have Incapactted them just much sven tthe Conroe ofthe space My conclsion thot na such device was ued during the erry into the residence fered furher insight ino the possibly of heavy blow tothe head causing a perforated eardrum He nclated tat for such an jury to est, would requir a blow of femendous ores to ‘he point where there would bean accompanying rassve breakin he skull, hn such nary. ‘hare ene explanation for perforated eartur that atibtable tothe actions ofthe polep oar. | oid that ‘eof his CEWand ee of Fir ace hil to te reasonabien the ceumstances Asa resi there ee no rounds to beeve ‘hata einal offence Pat Bean cormtted and no charges wil ste ‘Theres however, ore further iesve that wl ring to your attention cancers wha sn my ‘How abresch ofthe sl natifetion prousins of th Regulations under the Poe Services Act “Te indent that triggered this Unit’ vestigation occurred on May 30, 2035 The SIU was not Toutes ott upust 8, 201, when a complaint eta was received. Despite bane TTanspertedt the festa for redial tention flowing Ms res, yur oficers dé not not the SU of an edent that ll within ts mandate Winer ‘was taken nt custody, he ha laceration above hi ight eyebrow, and was ‘ly bleeding outct his left eat. Hewes rough to ‘3 rest feszssed im ashavig a perforated erdrum, with an asocated loss of hearing. The “Tocota Paice Senice wes clear aware ofthe prospect ofthis beng an SI case. Accordig te two nice oficers who were present one 1 osc39_ 3.00003san 271510) ‘were persistant nthe atemots to confi preliminary diegnesis beeauself he was Correct hey would veto notify the SI. as adised of) medica situation, Hespenta ‘considerable amount time and effort conferring with ofthe Toronto Police Gpertion Cente about whether Inhrles were suffisent ogg the StU rotation obligation Utimatay 3 decison was made otto contact the SIU. Ts was the Incoreet dation, “section 3 of Onto Fegultion 257/10 equres that he SI be notified immedtately of any insiene that msy resonable consilared to fall within its mandate. Pursuant to the Osler {dean 9 serous ry “shal ally be presumed when the vch sacred to hospital. or Suffers os of son Bering” ‘lied wo separate presumptions contained within the deinton. Ts, he SIU should have been nosed. The fat that tert Competed to engage ths connltstion suggest that eis unaware ofthe requrerents ofthe Wwaleestablshed and ong-staeing Osler dfintion. ‘he fics of the Inaction had an sere effect on ths Units investigation. The Si ed not become anare of ts incident until roughly two and one-half ments after eccured. ‘ea rest there was an asolated loss of opportuni to gather and anaize physical evidence. By ‘vay ot example the IU ws deprived ofthe opportunity to eamine the basement apartment. That ‘Would have prewceddeintive confirmation that a dstractio device was net employe, UUnfortuotey that eldence hasbeen lost tine. Tis would not have happened ha the SU been noted pursuant okepustion 257/10 ‘havo rled these eences wth yous the Chie ofthe Tronte Police Serve sy hope that {ou wilimplemert axproprate educational requirements for your officers so tha slr problems {To not aes inthe fee. | hank you forthe ceopertion of your pole sevice inthe conduct ofthis investigation, Due tothe provsionsof the Poe Sees Act ad the Regulations, 1am unable to provide you with {copy of cport the Attorney General, boweve, you wish to dscussany aspect ofthis ‘nator inte youto ell Willa Curt, thi Units Executive Offer, o me our shcerely, ae Ae Tony toparco Tse Papal o0sto29_4 00008