News Release

Hamilton Police Officer Charged

Case Number: 10-OCI-096   

Other News Releases Related to Case 10-OCI-096

SIU Investigates Custody Injury of Man in Hamilton

Mississauga (30 September, 2010) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has reasonable grounds to believe that an officer with the Hamilton Police Service (HPS) committed a criminal offence in relation to injuries sustained by 58-year-old Po La Hay.  Director Scott has caused a charge to be laid against the officer.   

The incident occurred on May 4, 2010.  The SIU was notified that on this date, the HPS drug unit executed a drug warrant at a Hamilton apartment.  There was an interaction between officers and apartment resident Po La Hay, and he sustained injuries.  Officers soon learned that they had entered the wrong apartment, and transported Mr. Hay to hospital where he received treatment. 

As a result of the SIU investigation, Constable Ryan Tocher of the HPS is facing one charge of Assault Causing Bodily Harm, contrary to s. 267(b) of the Criminal Code of Canada. 

The officer is required to appear before the Ontario Court of Justice at 45 Main Street East in Hamilton on November 8, 2010.  The Justice Prosecutions branch of the Ministry of the Attorney General will have carriage of the prosecution.

As this matter is now before the courts, and in consideration of the fair trial interests of the charged officer and the community, the SIU will make no further comment pertaining to this investigation. 

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