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News Release

SIU Concludes Investigation into Shooting in Toronto

Case Number: 09-TFI-074

Mississauga (16 July, 2009) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to believe that two Toronto Police Service (TPS) officers committed a criminal offence with respect to the gunshot injuries sustained by a 38-year-old man in April 2009.

The SIU assigned eight investigators and three forensic investigators to probe the circumstances of the shooting. SIU investigators designated two subject and 16 witness officers from the TPS.

The SIU investigation determined that on the morning of April 2, 2009, the two subject officers were dispatched to an apartment at 30 Eppleworth Rd. in response to a call from an occupant of the apartment. They had been informed that there was a man in the apartment with a knife who was attempting to kill a woman. The subject officers entered the apartment and saw the man with a knife in his hand. The man raised his hand above his head, moved toward the two officers and brought it down toward one of them, resulting in the officer's left forearm and forehead being slashed. Both officers discharged their service pistols at the man. The man received two gunshot wounds which caused extensive injuries. He has since recovered from those injuries.
Director Scott said, "Pursuant to s. 25(3) of the Criminal Code, anyone is justified in using lethal force when they believe on reasonable grounds that it is necessary for the self-preservation of themselves or anyone under their protection. Here, the first subject officer was clearly justified in using lethal force in circumstances where he was attacked at close quarters by a knife-wielding assailant. The second subject officer was also justified in using lethal force pursuant to s. 27 of the Code to prevent the attack on his partner because he could reasonably conclude that the attack was likely to cause immediate and serious injury to him."

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. 

Monica Hudon, monica.hudon@ontario.ca
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342