TORONTO -- An investigation into a violent altercation between a passenger and TTC officers on-board a streetcar in February concluded that the officers' use of force was "unnecessary" and "discriminatory."
The incident happened on the morning of February 7 on a 501 Queen streetcar. In a short video of the incident posted online, two TTC special constables are seen subduing a man. One of them pins him to a streetcar seat, while the other sprays some sort of foam on him.
The video garnered the attention of the public and several city officials, who called the incident "very disconcerting" and "unacceptable."
The TTC retained Rubin Thomlinson LLP, a firm that conducts workplace investigations, on March 30 to investigate the incident that involved two fare inspectors and two special constables.
The result of the probe, which was conducted by Melody Jahanzadeh, was published in a report released on Friday. Jahanzadeh found that the constables used "unnecessary force" and one fare inspector used "unauthorized and unnecessary force" against the passenger.
It also determined that the actions of the two constables were affected by their assumption of the passenger's mental health, which is found to be "discriminatory."
According to the report, the incident began when the passenger "aggressively refused" to provide proof of payment.
Jahanzadeh found the inspectors and special constables remained calm and did not raise voices throughout the initial interaction.
"I did not find that they breached any of the TTC policies that we were asked to consider," the investigator stated.
However, the altercation that followed saw three of the officers used force.
According to the report, when the passenger stood up, the constables made the initial contact, each grabbing one of the man's arms. It further escalated when one of the officers pulled the passenger forward while the other constable wrapped his arm around him.
The two parties then became engaged in "a very fast-moving struggle, during which they flailed their arms, pushed, and punched each other for approximately 12 seconds,” the report said.
One of the constables then pressed his body against the passenger, investigators found, and pushed him into a seat before the other deployed a pepper spray. The struggle continued for another 50 seconds, according to the report.
The report determined that one of the fare inspectors, whose assistance was not requested, pressed two of her fingers against the base of the man's neck for about 35 seconds.
Following the struggle, the passenger was handcuffed and was guided to a nearby window by the officers. According to the report, the passenger was pushed against the window before the constables pushed him down and bent the passenger over a seat at an approximately 90-degree angle. The man was kept in that position for nearly three minutes "in plain view of those standing outside the streetcar" until police arrived, the investigation found.
The constables told the investigator that their actions during the altercation were based on the "threat of the passenger posed during their initial interaction with him." The constables also reported that they "observed" the passenger holding an object in his hand that they described as a weapon.
However, the investigator "did not find that the special constables' applications of force against the passenger were justified on account of the prior passenger complaints that they had received or the object in his hand."
The investigator also determined that the initial application of force was "unnecessary," especially because the passenger, who was attempting to exit the streetcar, was not advised that he was under arrest, nor did he display threatening behaviour.
However, she found that the punching of the passenger was "reasonable, proportionate, and necessary in light of the passenger's own punches towards them."
Meanwhile, the use of the pepper spray was unnecessary because the "dynamics of the struggle were in favour" of the officers, the investigator found.
According to Jahanzadeh, it was also unnecessary for the constables to bend the passenger over a seat, given that he was already handcuffed and no longer posed a threat.
As for the fare inspector who applied a pressure point, the investigator determined that it was not "consistent with her training" and deemed it "unnecessary."
Fare inspectors who are responsible for conducting proof of payment inspections on the TTC do not have the same limited police powers that are given to special constables.
On whether the actions of the constables were based on their perception of the passenger's mental health, the investigator concluded that it "caused them to believe, implicitly or otherwise, that the passenger was more dangerous than he, in fact, had demonstrated himself to be."
"In subjecting the passenger to unnecessary applications of force due, in part, to his perceived mental health condition, I, therefore, found that the special constables discriminated against him on the basis of his disability," the investigator stated in the report.
The investigator listed some recommendations to the TTC, including additional training regarding mental health, independent notetaking, clarity regarding fare inspectors' use of force, and reconsideration of the passenger's ban from the streetcar.
The TTC said it has accepted all the report's recommendations, stating that the findings "provided TTC staff with additional perspective on actions needed to change the culture and practices of Revenue Protection and Special Constable Services."
"We have taken this report and its recommendations to heart. In the TTC response included in the Board report, we have provided details as to how we are, or will be, addressing the operational improvements the report envisions," TTC CEO Rick Leary said in a statement.
"I know people will have other questions about this incident, like the status of those involved. However, as an internal review process is still underway, we cannot speak to personnel matters at this time."
Union says report is discriminatory towards members
In response to the investigation, CUPE 5089, the union that represents TTC special constables and fare inspectors, described the report as a “veiled attack not only on the three members of this local but also on the rest of the department.”
“The process leading to the preparation of the report is flawed and so are the findings of it,” Vice President Dariusz Nowotny said in a statement.
Nowotny said that the Feb. 7 incident was not a “fight” but rather “sworn Peace Officers attempting to affect a legal arrest.”
“There is a history of said person behaving violently on TTC property and off.”
Nowotny said he finds it “troubling” that statements in relation to threats and a potential weapon were minimized.
“To respond safely to these threat cues is taught during our members use of force training. Our members are trained by The Control Institute, a company retained by TTC in the initial use of force training and re-qualify annually. The training is approved by Toronto Police Services Board and is delivered by instructors certified to the provincial standards,” he said.
“The investigator did not even speak with The Control Institute.”
The union goes on to say the investigator did not interview several eyewitnesses, failed to take account the previous criminal actions of the person on the streetcar, disregarded evidence and labeled a person as someone with a disability without talking to them.
“This report is discriminatory in itself towards our members,” Nowotny concluded.
