Director's Report Details

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person. 
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault. 
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person. 
• Information that discloses investigative techniques or procedures.  
• Information, the release of which is prohibited or restricted by law.  
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published. 

Freedom of Information and Protection of Privacy Act

Pursuant to section14 (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 that 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 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following: 

• The names of persons, including civilian witnesses, and subject and witness officials; 
• 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

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

Other proceedings, processes, and investigations

Information may also have 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.

The SO’s Cruiser

The SO was operating a fully marked Dodge Charger. The front bucket seats were adjustable. There was a stationary partition separating the front and rear compartments. The rear two seats consisted of a solid molded bench. The front seat to the rear footwell partition was found to be 23 cm. From the centre of the rear area to each door was found to be 58.5 cm.

Forensic Evidence

Postmortem and Toxicology Evidence

On April 7, 2021, the post-mortem examination of the Complainant was performed in Sudbury. The pathologist found multiple abrasions, contusions, and superficial lacerations all over his body, and handcuff imprints on both wrists, with hemorrhage of underlying soft tissues. These injuries were not fatal, nor did they contribute to the death.

Biological samples from the Complainant were submitted to the Toxicology Section for analysis. The results of that analysis are reported below.

On April 29, 2022, the SIU received a copy of the Toxicology Report, with the following results:

The report’s author noted that LSD is a physiologically safe drug with no reports of fatal poisonings at recreational doses and that deaths associated with LSD are typically due to injuries acquired while intoxicated by LSD. It was further noted that the Centre of Forensic Sciences laboratory did not have a method for the quantitation of LSD.

 
Toxicology Letter of Opinion

The toxicologist’s letter of opinion is reproduced below.

Global Positioning System (GPS) Data from TPS cruiser

The SIU reviewed the GPS data from the SO’s police vehicle and determined that the SO stopped and waited for two red lights to cycle through and change to green. The total distance from the Complainant’s residence to TDH was about 3.7 km. The average speed of the cruiser was about 44 km/h and the maximum speed was 80 km/h.

Video/Audio/Photographic Evidence [2]

Communications Recordings

On April 19, 2021, the SIU received relevant communications recordings from the TPS. A summary of the material information therein follows.

911 Communications

On April 4, 2021, at 12:41:10 a.m., CW #4 called 911 and was connected to the ambulance stream. She reported that her brother was freaking out and acting erratically. She speculated he might be suffering a seizure. CW #4 told the dispatcher that her father was holding the Complainant down on the floor and that his behaviour was uncharacteristic of him. The Complainant could be heard screaming in the background.

CW #4 told the dispatcher that the Complainant was known to smoke marijuana. She learned from CW #5 that the Complainant may be overdosing on “acid”. The 911 call-taker advised CW #4 that TPS officers were also responding.

CW #4 told the dispatcher that the Complainant was no longer controlled by CW #1 and had begun to froth at the mouth. The dispatcher advised the ambulance would soon be arriving.

At 12:48:01 a.m., CW #4 concluded the call when the ambulance arrived on scene.

TPS Radio Communications

The following is a summary of the material information from the communications dispatcher. The transmissions were not time stamped and the dispatcher did not provide times.

The SO to Dispatch: I’m [police code], on my way.

Dispatch: The address is [redacted]. A 16 year old male, possibly [the Complainant], is having an episode, apparently on acid.

Dispatch: EMS (Emergency Medical Services) also attending.

WO #1 to Dispatch: What is the status of [the Complainant]?

Dispatch: He is [police code].

SO to Dispatch: Mark us both at the scene. EMS is also here.

WO #1 to Dispatch: We have to take him to TDH.

Dispatch: Do you need another unit there?

WO #1 to Dispatch: Should be good for now.

Dispatch: Everything okay there?

WO #1 to Dispatch: Standby. [Commotion could be heard in the background.]

SO to Dispatch: [The Complainant] is having a bad trip right now. He’s on board going to TDH. Mileage is 125086. Call TDH and let them know we will need four points. The ambulance will follow in case they are needed. [Moaning could be heard in the background.]

Dispatch: Dispatch called TDH advising 16-year-old male en route experiencing a bad “acid” trip. He was too agitated to go by ambulance. An ambulance was following and a request for four point restraints was made.

TDH to Dispatch: What is your ETA?

Dispatch to TDH: Probably about four minutes or so. They are coming from [name of street].

WO #1: Add [CW #1], the father as a witness.

SO: At TDH. Mileage is 125090.

EMS Phone and Radio Communications

12:42:06 a.m.: A ambulance unit was dispatched - “Code 4” - to the Complainant’s residence.

12:43:19 a.m.: Unit acknowledged the call for service.

12:43:25 a.m.: Unit was mobile.

12:43:30 a.m.: The dispatcher advised unit that the call involved a 16-year-old male who might be overdosing on “acid”. Police were also responding.

12:48:01 a.m.: Unit arrived on scene.

1:01:35 a.m.: Unit left the residence. CW #3 advised that the Complainant was in police custody and that they did not provide any patient care.

1:01:51 a.m.: CW #3 advised they would follow police to TDH in case they were needed.

1:02:02 a.m.: The dispatcher acknowledged and cancelled the call at [the residence].

1:02:16 a.m.: CW #3 requested that TDH be notified of a combative and uncooperative patient en route.

1:06:17 a.m.: CW #3 advised he had arrived at TDH.

1:16:01 a.m.: CW #3 called dispatch to advise the Complainant arrived at TDH VSA [vital signs absent].

1:19:04 a.m.: CW #2 called dispatch requesting times for the call. During the call, she said, “We really didn’t do anything.”

In-car Camera System (ICCS) Footage—The SO’s Police Vehicle

On April 13, 2021, the SIU received a copy of the ICCS footage from the SO’s police vehicle. There were four camera views available for review, one within each folder labelled Stream 0 (front view 1), Stream 1 (front view 2), Stream 2 (wide angle front view), and Stream 3 (rear seat view). All the camera views provided the date, time, and GPS coordinates at the top centre of the screen and the speed, information text, and fleet number at the bottom of the screen. A Ministry of Finance Technical Officer determined there was no recoverable or recorded audio before minute 15 or after the present audio within the video. A summary of Cameras 1 and 3, which captured the most salient information, follows.

Camera 1, Video 1

This camera was mounted on the dash of the police vehicle, and captured a view of the front of the police vehicle. The available footage went from 12:46:56 a.m. until 1:17:35 a.m. on April 4, 2021. There was no sound recorded for the first two minutes of the five-minute and 30-second journey from the Complainant’s residence to TDH. The emergency lights and siren were not activated.

12:46:56 to 12:47:50 a.m.: The police vehicle caught up to and followed an ambulance through residential streets in Timmins to the Complainant’s residence, where both police vehicles and the ambulance parked on the street.

12:47:55 a.m.: Two male uniformed police officers [now known to be the SO and WO #1] appeared in front of the police vehicle. Two females [now known to be CW #2 and CW #6] and one male [now known to be CW #3], uniformed paramedics, emerged from the ambulance, which was parked in front of the police vehicle.

12:48:36 a.m.: The SO, WO #1, CW #3, CW #2 and CW #6 went out of camera view. [It is believed they entered the residence.]

12:53:59 a.m.: CW #3 and CW #6 returned to the ambulance. CW #6 returned equipment to the rear of the ambulance and CW #3 retrieved a stair chair from the passenger side door. They both returned to the residence.

12:56:09 a.m.: The SO and WO #1, as well as CW #3, CW #2 and CW #6, emerged from the residence. The SO and WO #1 were each holding onto the Complainant’s arms as he was dragged headfirst with his feet behind him towards the police vehicle. The Complainant was placed face down on the sidewalk, near the side of the street. The SO and WO #1 were holding him down.

12:56:48 a.m.: CW #2 entered the police vehicle via the driver’s door.

12:57:05 a.m.: CW #3 walked in front of the police vehicle and out of camera view. CW #1 emerged from the residence and kneeled beside the Complainant who was still face down on the sidewalk and in the custody of the SO and WO #1. The Complainant was handcuffed with his hands behind his back.

12:57:17 a.m.: CW #5 exited the residence and appeared to be watching the Complainant.

12:57:23 a.m.: The SO left the Complainant and went to the driver’s door of his police vehicle. His police vehicle was moved forward, closer to the rear of the parked ambulance, and closer to the Complainant’s position on the sidewalk.

12:58:08 a.m.: The parked ambulance moved forward, away from the front of the police vehicle.

12:58:20 a.m.: The police vehicle was driven forward to the space vacated by the ambulance and stopped at the location of the Complainant and WO #1.

12:58:50 to 1:00:48 a.m.: CW #3 entered the rear driver side door of the police vehicle and assisted the SO and WO #1 in loading the Complainant into the rear compartment via the rear passenger side door. The SO and WO #1 pushed the Complainant’s legs while CW #3 pulled the Complainant by his shoulders. The Complainant was handcuffed with his hands behind his back and placed on the rear seat. The paramedics returned to the ambulance.

1:01:05 a.m.: Both the police vehicle and the ambulance left the front of the residence. The SO was in the driver’s seat with the Complainant in the rear seat, unaccompanied by either WO #1 or any paramedics.

1:01:05 to 1:02:58 a.m.: The police vehicle passed the ambulance. No emergency lights or siren was activated, and the audio component was not activated. The SO travelled through streets of Timmins.

1:02:59 a.m.: The audio component of the ICCS was activated. The audio captured moaning sounds emanating from the rear seat. The SO said, “It’s okay, [name of Complainant]. You’re okay, okay?”

1:03:03 a.m.: The SO said, “It’s okay my man, you’re good.” Faint moaning was heard emanating from the rear compartment. At this point, there was no apparent sound emanating from the rear compartment.

1:03:35 a.m.: The SO said, “You okay, [name of Complainant]?” There was no response.

1:03:40 a.m.: There was no kicking or moaning sounds heard from the rear compartment.

1:03:49 a.m.: The SO said, “[name of Complainant], you good?” There was no response. The police vehicle was traveling at speed.

1:03:50 a.m.: There was no apparent sound from the rear compartment.

1:04:11 a.m.: The SO said, “Hey, [name of Complainant]!” There was no response. The police vehicle stopped at a red traffic light, then made a left turn.

1:04:48 a.m.: The police vehicle came to a complete stop.

1:05:07 a.m.: The police vehicle was mobile again. Speeds were up above the posted speed limit.

1:06:01 a.m.: The SO arrived at TDH.

1:06:34 a.m.: The SO parked in the ambulance bay at TDH.

1:06:44 a.m.: The SO remotely unlocked the rear doors of the police vehicle. The SO said, “[Name of Complainant], how you doing back there?” There was no response.

1:06:47 a.m.: CW #2 said, “Did he calm down a little bit?” The SO responded, “Yeah.” The remaining communications were unintelligible.

1:07:01 to 1:08:45 a.m.: CW #2 and the SO engaged in conversation. WO #1 and CW #3 might also have been involved. Parts of the conversation were unintelligible:

CW #2 said, “Guys, guys! He’s VSA!”

“Yes, bring the stretcher in here. He’s VSA.”

“We’ve got to get him out of here, get him out.”

“Watch his head. Watch his head.”

“He’s VSA. Get a bag.”

1:08:45 a.m.: The voices faded and those involved appeared to move away from the police vehicle.

1:08:47 a.m.: The police vehicle was locked remotely.

1:09:45 a.m.: The SO and WO #1 returned to an area where the audio component in the vehicle captured their conversation, which was difficult to discern.

1:13:10 a.m.: There was conversation between a male and female. The content of that conversation could not be discerned.

1:16:20 a.m.: A female voice was heard but it was unclear what was said.

1:17:35 a.m.: The audio component captured a discussion between two males, which was difficult to discern. At this time, the audio component of the ICCS was deactivated.

 
Camera 3, Video 1

This camera had a view of the rear seat of the police vehicle. The available footage went from 12:46:59 a.m. until 1:19:15 a.m. on April 4, 2021. There was no sound captured for the first two minutes of the five-minute and 30-second journey from the Complainant’s residence to TDH. The emergency lights and siren were not activated.

12:46:59 to 12:49:45 a.m.: There were no images or sounds captured by this camera during this period. It appeared the police vehicle was mobile, likely traveling from TPS to the Complainant’s residence.

12:49:45 a.m.: There were no images or sounds captured by this camera. The police vehicle appeared to stop, likely in front of the Complainant’s residence.

12:49:45 to 12:57:40 a.m.: There were no images or sounds captured by this camera. The police vehicle appeared to be parked and unoccupied during this period.

12:57:40 a.m.: The rear passenger door of the police vehicle was opened by a uniformed police officer, believed to be WO #1.

12:58:15 a.m.: The rear passenger side door was closed.

12:58:32 a.m.: The rear passenger side door was re-opened.

12:58:43 a.m.: There were three males struggling at the entrance of the rear passenger side door. The head of the Complainant was visible. It appeared that the Complainant was being held by males who were out of camera view. [These males are believed to be the SO and WO #1].

12:58:54 a.m.: The rear driver side door was opened, and CW #3 entered the rear seat of the police vehicle. He appeared to be positioned to assist in the loading of the Complainant into the rear seat from the rear passenger side door.

12:59:30 a.m.: The Complainant was pushed through the rear passenger side door partially onto the rear seat of the police vehicle.

1:00:11 a.m.: CW #3 completed the loading of the Complainant into the rear seat of the police vehicle by grabbing him under the armpits and pulling him onto the seat.

1:00:41 a.m.: The Complainant appeared to be too tall to fit comfortably in the rear seat. With his legs bent at 90 degrees against the rear passenger side door, after some effort, the door was finally closed. The Complainant was wearing long pants and a long-sleeved top. He was not wearing any socks or shoes.

1:00:57 a.m.: The Complainant was moving around on the rear seat. He appeared to slide off the seat with his upper body between the seat and the partition that separated the front and rear compartments. He was kicking his feet frantically and his pants had slid down to his knees. The patrol vehicle was stationary in front of the residence.

1:01:07 a.m.: The police vehicle appeared to be mobile.

1:01:18 a.m.: The upper body of the Complainant remained off the rear seat between the seat and partition. Both of his legs were kicking violently and frantically. The police vehicle was traveling at the posted speed limit with no emergency lights or siren activated. There was no audio on the recording.

1:01:19 to 1:02:46 a.m.: The Complainant continued to kick his legs frantically. The patrol vehicle continued to travel at the posted speed with no emergency lights or siren activated. There was no audio on the recording.

1:02:46 a.m.: The Complainant’s kicking had slowed noticeably and did not appear to be as frantic or violent.

1:02:59 a.m.: The audio recording portion of the ICCS was activated. The Complainant was not as active and was moaning. The SO said, “It’s okay [name of Complainant]. You’re okay, okay?”

1:03:03 a.m.: The Complainant’s moaning was faint, and the kicking motion of his feet was sporadic and not nearly as violent. The SO said, “It’s okay my man. You’re good.”

1:03:35 a.m.: The Complainant was silent and barely moving. The SO said, “You okay, [name of Complainant]?”

1:03:40 a.m.: The Complainant was motionless and there was no apparent sound.

1:03:49 a.m.: The SO said, “[Name of Complainant], you good?”

1:04:11 a.m.: The SO said, “Hey [name of Complainant].”

1:04:48 a.m.: The police vehicle slowed and came to a stop.

1:06:01 a.m.: The SO advised the dispatcher that he had arrived at TDH.

1:06:34 a.m.: The police vehicle was parked in the ambulance bay at TDH.

1:06:41 a.m.: The SO exited the police vehicle.

1:06:44 a.m.: The SO said, “[Name of Complainant], how are you doing back there?”

1:06:47 a.m.: CW #2 said, “Did he calm down a little bit for you?” The SO responded, “Yeah,” but the rest of his response was unintelligible.

1:06:52 a.m.: The rear driver side door of the police vehicle was opened.

1:07:01 a.m.: CW #2 was visible at the rear driver side door. She said, “Guys, guys! He’s VSA!”

1:07:04 a.m.: CW #2 said, “Bring a stretcher here! He’s VSA.” She was still visible at the rear driver side door.

1:07:08 a.m.: The rear passenger side door was opened. CW #2 said, “Hey guys! We got to get him out of here!”

1:07:09 a.m.: The Complainant was being pulled from the rear seat headfirst through the rear driver side door. It appeared that a few people were involved. CW #2 said, “Get him out! Get him out!”

1:07:13 a.m.: The Complainant was pulled from the rear seat and placed on the floor beside the police vehicle. He was placed on his back with his head facing the rear of the police vehicle. CW #2 said, “Watch his head.”

1:07:16 a.m.: CW #2 said, “Watch his head.”

1:07:23 a.m.: The Complainant was on his back and it appeared that one of the paramedics was performing chest compressions. CW #2 said, “This is fresh. Get a bag! Get a bag!” There was hollering that was unintelligible.

1:07:44 a.m.: The rear driver side door was closed. Someone said, “Fuck!” There were voices in the background; however, the conversation was unintelligible.

1:08:00 a.m.: CW #2 said, “Get him on the stretcher!” The voices appeared to fade.

1:08:07 a.m.: CW #2 said, “Get him on the stretcher, guys!”

1:08:48 a.m.: Sounds of a stretcher being moved away could be heard.

1:09:43 a.m.: A uniformed police officer, believed to be WO #1, returned to the ambulance bay. He was engaged in a telephone conversation. The conversation was unintelligible at times but he said, “He went VSA in the car. We had to transport (inaudible).”

1:11:15 a.m. to 1:13:00 a.m. There was no audio in the ambulance bay.

1:13:00 to 1:17:00 a.m.: The SO and WO #1 were visible through the rear window of the police vehicle and appeared to be having a conversation with a female. The conversation was unintelligible.

1:17:41 a.m.: The front passenger side door was opened. The audio portion of the ICCS was turned off. The SO and WO #1, and the paramedics, were still visible through the rear window of the police vehicle.

1:19:15 a.m.: The SO and WO #1, and the paramedics, were no longer visible.

Materials Obtained from Police Service

Upon request, the SIU obtained the following materials from TPS between April 7, 2021, and December 15, 2021:

• Communications recordings;
• ICCS footage;
• Computer-assisted Dispatch Details;
• Pictures of the SO’s police vehicle;
• General Occurrence Reports;
• Incidents linked to Complainant’s residence;
• Policy on Prisoner Care and Control;
• Policy on Prisoner Transportation;
• Notes-the SO;
• Notes-WO #2;
• Notes-WO #3;
• Notes-WO #1;
• Occurrence Summary;
• Persons Involvement List;
• Prior Involvement with the Complainant;
• Sudden Death Report; and
• Supplementary Reports.

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources:

• Ambulance Call Report-Cochrane District EMS;
• Incident Report-CW #2;
• Incident Report-CW #3;
• Ministry of Finance Report and Audio Enhancement of ICCS footage; and
• Report of Postmortem Examination, dated April 1, 2022, and received by SIU on April 29, 2022, from the Coroner’s Office.

The SO moved his cruiser a short distance up towards the Complainant. As one or another of the paramedics on scene had decided they would not take the Complainant in ambulance because of his volatile behaviour, the officers decided to load him into the police vehicle for transportation to hospital. The SO and WO #1, with the assistance of one of the paramedics, CW #3, placed the Complainant in the rear compartment of the cruiser. He was positioned on his right side – his head in the direction of the rear driver side door, his legs bent at the knees to allow for the closure of the rear passenger side door.

The trip to hospital took about five-and-a-half minutes. The Complainant had slipped off the seat so that his upper body, faced towards the rear, was between the rear seats and the back of the front seats. His legs remained above his torso. In that position, the Complainant moved his legs and moaned for upwards of the first two minutes of travel. That stopped in the last three minutes of transport to the hospital.

The operator of the cruiser – the SO – observed all stop signs and stopped for the duration of two red lights. The officer increased his velocity for the second half of the trip. From time to time, he asked how the Complainant was doing and encouraged him to hang on, but never received a response.

The SO’s cruiser entered into the ambulance bay of the hospital and came to a stop. The officer exited the vehicle and opened the rear driver side door. Within seconds, one of the paramedics, who had followed the cruiser in the ambulance, observed the Complainant through the open door and alerted the others that he was ‘VSA’.

The Complainant was removed from the cruiser, laid flat on the floor and provided emergency care by the paramedics. Hospital staff arrived and the Complainant was taken into the hospital on a stretcher. The Complainant was eventually transferred to the ICU and placed on life support. In the morning of April 5, 2021, he was pronounced deceased.

215 (1) Every one is under a legal duty

(2) Every person commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse to perform that duty, if

219 (1) Every one is criminally negligent who

shows wanton or reckless disregard for the lives or safety of other persons.

(2) For the purposes of this section, duty means a duty imposed by law.