News Release

Man Alone Responsible for Fractured Foot Caused After Scaling Fence; SIU Discontinues Toronto Investigation

Case Number: 24-TCI-114   

Mississauga, ON (9 July, 2024) ---
The Director of the Special Investigations Unit, Joseph Martino, has terminated an investigation into the serious injury suffered by a 28-year-old man in March in Toronto.

In the afternoon of March 9, 2024, in breach of a condition of his release, the man was located by Toronto Police Service officers in the area of St. Clarens Avenue and Bloor Street West. Upon being advised he was under arrest, the man ran away. The officers gave chase on foot as the man fled across St. Clarens Avenue onto a lot on the other side of the street and then into a narrow passageway between a building and a wooden fence.  While approximately 15 metres ahead of one of the officers, the man scaled the fence and landed on the other side, breaking his right heel in the process.  The officers caught up with the man and placed him under arrest.  

Based on the SIU’s preliminary inquiries, including a review of video footage that captured the incident in parts, Director Martino was satisfied the investigation should be discontinued. On this record, aside from being the impetus for the man’s flight, it was evident that the officers did nothing to cause his injury that could possibly attract criminal sanction; the man was alone responsible for his fractured foot. There being patently nothing to investigate as far as the officers’ potential criminal liability was concerned, the file has been closed.

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

Lisez ce communiqué en français.

Monica Hudon,
SIU Communications/Service des communications, UES