SIU Concludes Investigation into Toronto Custody Injury
Case Number: 05-TCI-010
Ms. Brazil, 26 years of age, suffered multiple serious injuries when she fell from the window of a residential apartment building at 1011 Lansdowne Avenue.
Three SIU investigators and two forensic identification technicians were assigned to investigate. A total of six civilians and TPS officers were interviewed. The apartment and the area where Ms. Brazil fell were photographed and videotaped, and measurements were taken. TPS notes and reports were reviewed.
The SIU investigation revealed that four TPS officers were involved in a patrol of 1011 Lansdowne Avenue intended to identify and remove trespassers from the building. The officers entered a unit that was supposed to be vacant when they heard voices from inside. One officer found a male hiding in the washroom and placed him under arrest. At the same time, the other officers noticed movement from behind an overturned sofa, which was positioned directly under a window. After demanding several times for anyone there to come into the open, Ms. Brazil arose and moved quickly towards the window. Before any officer could reach Ms. Brazil, she jumped up and fell out the window a distance of 14.4 metres onto the asphalt roof of a parking garage.
Ms. Brazil suffered numerous internal injuries and multiple fractures and remains in hospital.
Director Cornish concluded that none of the officers involved in this case committed any criminal offence. He stated, "No TPS officer ever touched the complainant. The officers were involved in evicting trespassers from an apartment building. Unfortunately Ms. Brazil resorted to extreme measures to avoid arrest. In the end result she is responsible for her own injuries and the incident unfolded too quickly for the officers to do anything to prevent her from harming herself."
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.