Ontario’s Special Investigations Unit won't be recommending any criminal charges against police officers over excessive force complaints during the G20 summit.
On Thursday, the arm's length agency that reviews complaints against police in Ontario released its review of six complaints of excessive force by police during the summit, held on June 26 and 27.
There are two cases where SIU director Ian Scott felt excessive force was used but that those officers couldn't be identified, SIU spokesperson Frank Phillips told CTV Toronto.
Brendan Latimer, 19, was trampled by demonstrators fleeing police at the intersection of College Street West and University Avenue.
"He was on the ground for between 25 and 30 seconds before officers moved in to arrest him," the SIU said. "(Latimer) said he was struck in the face by one of the officers during the arrest."
The complainant was taken to Toronto East General Hospital for treatment of a facial fracture.
SIU director Ian Scott said the officer who caused the injury could not be identified after an investigation.
Even though there are reasonable grounds to believe excessive force was used, "given the fact that no subject officer can be named after a thorough investigation, I cannot form reasonable grounds that any identified officer committed a criminal offence in the circumstances of this case," he said.
Phillips said Latimer's eyes were closed during the blows to his face, "and he was in no position to identify the involved officer."
The SIU reached a similar conclusion in the injuries of Adam Nobody, 27, who was on the south side of the legislature building at Queen's Park. After officers instructed demonstrators to move back, he moved to the southbound lanes of University Avenue.
Officers in riot gear arrested him with force. He was taken to Toronto East General Hospital for treatment of a fracture below his right eye.
The SIU said it interviewed eight witness officers. "Two officers were designated as subject officers. The subject officers exercised their rights and declined to be interviewed by SIU investigators," it said.
The SIU said a video posted to YouTube appears to corroborate Nobody's story about excessive force being used during his initial arrest.
However, "It is impossible from the video to identify the officer who delivered these blows," Scott said.
The badge number on the arrest sheet didn't correspond to the assigned badge number of any Toronto Police Service officer, Scott added.
Adam Nobody also alleged that plainclothes officers took him behind two parked vans and repeatedly kicked him in the head.
"Had the complainant been kicked repeatedly in the head, I would have thought he would have received more severe injuries than the ones documented in the medical reports and photographs," Scott said.
Toronto Police Chief Bill Blair said early this month that up to 90 officers would face disciplinary action for not wearing their name tags during the summit weekend.
Phillips said there's no evidence that the presence or absence of name tags was a factor in identifying officers in those cases, "given the volatility and dynamics of the situation."
Other cases
Dorian Barton, 29, was at the intersection of University Avenue and College Street West where a demonstration was taking place.
He turned to take cellphone pictures of a line of mounted police officers but wasn't aware of anti-riot officers approaching from behind him.
"Mr. Barton was taken to the ground by a male anti-riot officer and arrested, sustaining a fracture to his right arm in the process," the SIU said.
The agency said Barton couldn't identify the officers who arrested or fully explain how the injury occurred. Other evidence didn't help answer those questions.
"Accordingly, I cannot form reasonable grounds that a criminal offence occurred in the circumstances of this case," Scott said.
Canute Fernandes, 42, was in the area of Blue Jays Way and Queen Street West when police officers overran his group.
He was knocked down and taken to Toronto East General Hospital after complaining of pain in his right arm. Doctors treated him for a fractured right arm and shoulder.
"It is unclear if the complainant sustained his injury by the actions of the police or as a result of interaction with other civilians," Scott said.
As a result, no charges would be laid.
Joseph Thomson, 34, was in the area of Queen Street West and Spadina Avenue when he allegedly interfered in the arrest of a friend.
A police officer struck him in the face. One officer designated the subject officer declined to be interviewed.
"I do not believe there is a sufficiently reliable basis to conclude that the subject officer used excessive force in what was otherwise a lawful arrest," Scott said of Thomson's case.
Norman Marcos, 43, was at the southern end of Queen's Park helping a freelance photographer. As he was moving north, a police baton may have struck his finger of his right hand, which was on the photographer's back.
Marcos suffered a fractured finger. He couldn't identify who struck him.
"A review of video tape imagery and interviews with the civilian witnesses also fail to shed any light on the identity of the alleged perpetrator," Scott said.
"Accordingly, no criminal liability may attach to this incident."
Phillips said video images didn't help make any clarifications in this case.
The SIU said it used information from among the following sources in its investigation:
- witness officers' memo book notes
- interviews with witness officers
- statements from civilian witnesses
Police and other security camera video was reviewed, along with citizen-captured video, the SIU said.
Protesters gathered in Toronto in the days before the summit. The biggest protest took place on June 26, a Saturday. A small group broke from a peaceful main crowd. Using so-called Black Bloc tactics, they went on a 90-minute vandalism rampage. Business storefronts were shattered and police cruisers burned.
In response, police carried out a widespread crackdown to restore order. The area around Queen's Park was to be a designated protest zone.
Police arrested more than 1,000 people. About 300 were actually charged with criminal offences, but a large proportion of those have been stayed.
Phillips said the SIU now considers these cases to be closed, but added that they could be re-opened if new information surfaced.
Several other inquiries into activities during the G20 remain active.
