SIU clears Toronto officer who broke a father's arm refusing to turn children over to welfare agency
The province's police watchdog has found no reasonable grounds to charge a Toronto police officer who broke a man's arm after he refused to turn over his children to a child welfare agency despite a court order.
It happened at an undisclosed residence on Aug. 8, at around noon, when officers accompanied a Children's Aid Society (CAS) worker to assist with the apprehension order for two young children of the 33-year-father, identified as the complainant.
The CAS worker and officers, including the subject official (SO), were greeted by the complainant holding one of his children at the front door. SIU Director Joseph Martino said the complainant refused to let them in, which is when the CAS worker explained there was a warrant to apprehend the children, citing concerns of the children's safety, the home, the complainant's mental health and the children not attending school.
- Download our app to get local alerts on your device
- Get the latest local updates right to your inbox
The complainant called his lawyer and said he had not been served, to which the CAS worker informed him they had attempted to but were not able to locate him. The CAS worker explained the warrant and that they could not leave without the children.
After the complainant made several more calls, he declined to surrender the children, the SIU said. The SO explained to the complainant they wanted to apprehend the children "with no issue and without causing the children any distress."
"She explained that the Complainant could work with CAS to have the children returned at a later date," the report reads.
The negotiations continued like this for about an hour-and-a-half. At around 1:30 p.m., a witness official, who arrived at the apartment to assist the officers, told the complainant that they take physical custody of the children.
The complainant was sitting on the edge of one of the two beds in the room at this time, with a child on each knee and his arms around them, hands clasped together.
The SO and another witness official moved towards the complainant to unclasp his hands, where the SO then "forced" his left arm away from one of his children, which is when a "cracking sound" was heard.
"Ow, you broke my arm, f***," the complainant could be heard saying in body-worn camera footage reviewed by the SIU.
The subject official picked up one of the children, and as he carried the child away, they asked, "Why did you break my dad's arm?"
The CAS worker assured the child his father's arm was not broken, and the child asked to call an ambulance. As the complainant waited for paramedics to arrive, the children were taken away from the scene.
Paramedics arrived at around 2 p.m. to transport the complainant to the hospital, where he was diagnosed with a fractured left arm.
After reviewing the evidence, Martino concluded there are no reasonable grounds that the SO commited a criminal offence in connection with the complainant's injury, as pursuant to section 25(1) of the Criminal Code, officers are "immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law."
Martino says both the SO and first witness official lawfully abided by their duties in attempting to enforce a lawful court order.
"I am also satisfied that the force used by the SO and WO #1 was legally justified," Martino wrote. "Despite what were patient and protracted efforts on the part of the [CAS worker] and the officers to have the complainant voluntarily turn over the children, he was persistent in his refusal. Not consultation with his own lawyer, reached by phone by the Complainant, not repeated explanations by the police officers and child welfare worker of the bone fides of their interventions, and not a printed copy of court documents provided to the Complainant could convince him to cooperate."
Martinos said the officers involved did what would be expected in this situation, adding the body-worn camera footage makes it clear they did not execute excessive force.
"That the Complainant's left arm was fractured in the process, the likely product of his attempting to maintain his hold as the SO pulled in the opposite direction, is unfortunate, but not the result of the application of excessive force," Martino concluded.
CTVNews.ca Top Stories
Live election results: Trump retakes the White House, defeats Harris by winning key swing states
Donald Trump was elected the 47th president of the United States on Wednesday, clearing the 270 electoral votes needed to clinch the presidency.
Trump wins the White House in political comeback rooted in appeals to frustrated voters
Donald Trump was elected the 47th president of the United States on Wednesday, an extraordinary comeback for a former president who refused to accept defeat four years ago, sparked a violent insurrection at the U.S. Capitol, was convicted of felony charges and survived two assassination attempts.
'Canada will be absolutely fine': Justin Trudeau, his ministers and Pierre Poilievre congratulate Donald Trump
Canadian Prime Minister Justin Trudeau and members of his cabinet congratulated Donald Trump Wednesday morning on his second United States presidential election win, amid questions about how the federal government intends to navigate a second term.
opinion Tom Mulcair: Donald Trump has a long enemies list, and Prime Minister Justin Trudeau is on it
In his column for CTVNews.ca, former NDP leader Tom Mulcair says Donald Trump's icy relationship with Prime Minister Justin Trudeau could aggravate what already promises to be a very difficult situation for Canada, socially, economically and environmentally.
Kamala Harris made a historic dash for the White House. Here's why she fell short.
It was a moment that encapsulated one of the biggest challenges facing U.S. Vice President Kamala Harris' campaign – which, in the end, proved insurmountable. A country crying out for change got a candidate who, at a crucial moment as more voters were tuning in, decided to soft-pedal the change she knew she represented.
Harris to concede defeat to Trump in evening speech, sources tell Reuters
U.S. Vice President Kamala Harris will deliver a speech conceding defeat in the presidential election to Donald Trump at 6 p.m. (2300 GMT) on Wednesday, two sources told Reuters.
Various popular brands of bread and buns have been recalled in Canada
Dozens of popular brands of bread have been recalled in Canada after pieces of metal were discovered in some of the products.
U.K. doctor gets 31 years for poisoning mother's partner with fake COVID vaccine
A British doctor who was disgruntled about his inheritance and injected his mother's boyfriend with poison presented as a COVID-19 vaccine was sentenced Wednesday to 31 years in prison.
Saskatchewan health officials warn of typhoid fever exposure at pizza restaurant
The Saskatchewan Health Authority says people who ate food from a pizza restaurant near Saskatoon last month may have been exposed to typhoid fever.