Man's gun charge tossed after 'disturbing' cover-up of excessive force by Toronto jail guards: court

Toronto East Detention Centre seen in October 2021. (Simon Sheehan/CP24)

A gun charge laid against a 19-year-old man has been tossed after a judge found that Toronto jail guards used excessive force on him before crafting false reports in a "shocking and disturbing" attempt to hide their actions.

In a decision released earlier this month, Justice Jennifer Penman found that, back in 2022, the inmate was subject to unwarranted and excessive use of pepper spray — a violation of his Charter rights —followed by two weeks in solitary confinement at Toronto East Correctional Centre.

The guards then colluded in writing false reports and later gave false testimony alleging the inmate had “charged at them,” to justify their use of force, Penman ruled.

Video later presented as evidence in court contradicts that notion, with Penman noting “he did not charge, attack, or lunge.”

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“The seeming ease with which this falsehood was promulgated by not one but three of the officers is disturbing,” she wrote.

After the interaction, guards placed the inmate in solitary confinement for 15 days.

Arrested in early 2022, the formerly accused was charged with the unauthorized possession of a loaded firearm. Court documents allege he had carried a gun through a mall and parking lot.

The man,19 at the time, had no prior criminal record and was awaiting trial when he was pepper-sprayed by guards on Nov. 21, 2022. As he is no longer facing criminal charges, CTV News Toronto is withholding his name.

He remained in custody until the stay of charges was decided upon this month.

The man's lawyer, Humza Hussain, told CTV News Toronto that, in this case, "a stay of the charges was the only appropriate remedy."

"Not only was my client falsely accused of attacking these officers, but the officers wrote reports detailing these falsehoods and then had no problem repeating them in court," Hussain said. "[If not] for the surveillance footage, it is entirely possible that their account would have been accepted as the truth."

In her decision, Penman called the case one of the “clearest” examples in which a stay of proceedings is warranted.

“This is not simply the case of an officer going too far and assaulting an inmate in the context of an emotionally charged situation,” Justice Penman wrote. “The impunity with which the officers then came to court and continued to mislead, obfuscate, and simply not tell the truth, was shocking and disturbing.”

The evidence suggests “a systemic institutional problem of a lack of oversight and accountability” at Toronto East, Penman wrote. “The institutional culture appears to be that there is no oversight or management of use of force situations, and the officers were aware of this."

In turn, the judge found that prosecution would lead to a loss of public confidence in the legal and judicial system and opted for a stay of proceedings.

When reached for comment, Ontario's Ministry of the Solicitor General, which oversees the provincial jail system, told CTV News Toronto that "excessive use of force by correctional staff is never justified and is not tolerated."

"All staff are required to follow de-escalation policies and procedures, there are no exceptions. Use of force incidents are subject to robust oversight and an investigation model that includes both internal and external compliance reviews. Allegations of excessive force are taken very seriously and are referred to police for possible investigation," a spokesperson for the ministry said.

Hussain said he's hopeful Penman's decision sparks positive change within the system.

"The public deserves for crimes to be prosecuted and also for those entrusted to watch over incarcerated people to do their jobs honestly," he said.

The case is one of the latest to be tossed in Toronto over Charter violations — many after delays and staffing issues caused the accused’s right to a trial within 18 months of being charged.

In December, a Toronto woman spoke publicly after the case against a man she alleged sexually assaulted her was thrown out for the same reason, stating it caused her to "lose faith" in Ontario's justice system.