The victims or deceased name is not mentioned in the given text. : No Grounds to Charge Toronto Police Officer Who Broke Man’s Arm During Child Apprehension: SIU

Death – Obituary – Accident and Crime News : Toronto Police Officer Cleared of Charges After Breaking Man’s Arm During Child Welfare Apprehension

The province’s police watchdog, the Special Investigations Unit (SIU), has determined that there are no reasonable grounds to charge a Toronto police officer who broke a man’s arm during a child welfare apprehension. The incident occurred on August 8, at an undisclosed residence, when officers accompanied a Children’s Aid Society (CAS) worker to enforce an apprehension order for the man’s two young children.

According to SIU Director Joseph Martino, the complainant, identified as a 33-year-old father, refused to let the officers and CAS worker enter the residence. The CAS worker explained that a warrant had been issued due to concerns about the children’s safety, the condition of the home, the father’s mental health, and the children’s lack of attendance at school.

Despite attempts to negotiate and resolve the situation peacefully, the complainant repeatedly refused to surrender the children. After an hour and a half of discussions, a witness official informed the complainant that physical custody of the children would be taken. At this point, the complainant was sitting on the edge of a bed, holding his children with his arms clasped around them.

The subject officer (SO), accompanied by another witness official, approached the complainant to unclasp his hands. During this interaction, the SO allegedly “forced” the complainant’s left arm away from one of his children, resulting in a “cracking sound.” The complainant immediately expressed pain, and the fracture was later confirmed at the hospital.

Following a thorough investigation and review of available evidence, Martino concluded that there are no reasonable grounds to charge the SO with a criminal offense. Martino cited the immunity granted to officers under section 25(1) of the Criminal Code, which protects them from criminal liability when using force that is reasonably necessary in the execution of their duties.

Martino emphasized that the officers lawfully carried out their duties in trying to enforce a court order. Despite the complainant’s persistent refusal to cooperate, the officers and CAS worker made patient and protracted efforts to convince him to comply. Martino further stated that the body-worn camera footage clearly shows that the officers did not employ excessive force.

While the complainant’s injury is unfortunate, Martino concluded that it was not the result of the application of excessive force. The officers involved acted in accordance with their training and responsibilities. The SIU’s decision to clear the SO of charges highlights the challenging nature of child welfare apprehensions and the delicate balance between protecting children and respecting the rights of parents.

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