SIU Concludes Investigation into Yorkdale Incident



    MISSISSAUGA, ON, Aug. 31 /CNW/ - The Director of the Special
Investigations Unit (SIU), Ian Scott, has concluded that there are no
reasonable grounds to believe that a Toronto Police Service (TPS) officer
committed any criminal offence in relation to the gunshot injuries sustained
by a Toronto youth in April of this year.
    Four SIU investigators and three forensic investigators were assigned to
probe the circumstances of this incident.
    The SIU investigation determined that on April 16, 2009 at about 3:30 pm
the subject officer was on patrol at Yorkdale Shopping Mall when he received
information about two youths being involved in a firearm offence. A short time
later he located the two in the mall. The subject officer, along with some
mall security guards, approached one of the youths. The officer took hold of
the youth's arm and told him he would like to talk to him. The youth pulled
away and a physical confrontation took place. The youth was taken to the
ground. As this occurred, a firearm in the youth's possession discharged. The
bullet struck one of the mall security guards but did not cause injury because
the security guard was wearing body armour. During this physical interaction
the youth sustained a facial fracture.
    The youth was subdued and taken to the Yorkdale security office for
processing. While in the office a further physical altercation took place
between the youth and the subject officer, as well as other TPS officers who
had arrived to assist.
    Director Scott said, "The subject officer had the authority to engage in
an investigative detention of the complainant and his associate based upon a
clear nexus between the gun call information, the matching descriptions and
the close temporal proximity between the call and the sighting. He also had
the authority to engage in a pat-down search based upon the information that
one of the suspects had a gun. Once he had the lawful authority to detain and
conduct a search incident to the detention, he also had the right to use
reasonable force to effect that detention pursuant to ss. 25(1)(b) of the
Criminal Code." Director Scott continued, "Given the degree of resistance and
the credible information that the complainant may be armed, underscored by the
complainant's gun being discharged, I am of the view that the force used by
the subject officer at the point of detention was reasonable."
    Director Scott added, "With respect to what occurred in the security
room, there was conflicting information regarding the level of force used
against the youth. However, given the totality of the evidence, I am not
satisfied on balance that the subject officer's use of force was more than was
reasonably necessary in the circumstances."

    The SIU is a civilian agency that investigates cases of serious injuries
(including allegations of sexual assault) and deaths involving the police.
Pursuant to section 113 of the Police Services Act, the Director of the SIU is
mandated to consider whether a criminal offence has been committed by an
officer(s) in connection with the incident under investigation and, where
warranted by the evidence, to cause a criminal charge or charges to be laid
against the officer(s). The Director reports the results of investigations to
the Attorney General.





For further information:

For further information: Frank Phillips, SIU Communications/Service des
communications, UES, Telephone/No de telephone: (416) 622-2342 or/ou
1-800-787-8529

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