SIU Concludes Investigation into Toronto Shooting
Case Number: 07-TFI-182
The SIU assigned six field investigators and three forensic investigators
to probe the circumstances of this incident.
The SIU investigation determined that on Monday September 3, 2007, at 10:09 p.m., two officers in a marked police car pursued a stolen Honda automobile from Shuter Street to Dundas St. Two other officers in a police car came to assist. When the two police cars attempted to block the fleeing Honda its driver made a U-turn and accelerated. Mr. Quist attempted to manoeuver the Honda between a streetcar shelter and one of the stopped police cars. As he did, an officer got out of the police car and drew his pistol and pointed it at the Honda. Mr. Quist did not stop, but instead drove at the officer. The officer fired a number of shots at the car. The car continued and as it passed by the other three officers the first officer and two of the other three officers discharged their pistols at the Honda a number of times. The Honda struck the police car and came to rest against the streetcar shelter. Mr. Quist was taken to hospital for treatment of two gunshot wounds. He recovered from his injuries.
Deputy Director Scott said, "There are no reasonable grounds to believe that any of the TPS officers involved in this incident committed any criminal offence. The officers were attempting to lawfully arrest Mr. Quist who had refused to stop for them. Section 25(4)(d) of the Criminal Code speaks to the issue of lethal force in that a police officer may use lethal force if he/she believes on reasonable grounds that the force is necessary for the purpose of protecting the peace officer or any other person from imminent grievous bodily harm. The actions of the officers in shooting at Mr. Quist were justified due to their reasonably held belief that Mr. Quist was about to cause imminent
grievous harm to a fellow officer by running him over."
The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must
- consider whether an officer has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
- report the results of any investigations to the Attorney General.