TTC investigation finds force used by fare enforcement officer on teen 'reasonable'

The TTC has cleared two fare enforcement officers of any wrongdoing in connection with a physical altercation with a black teenager on the St. Clair streetcar in February but has found that a third was guilty of “discreditable conduct” for smiling at the customer in a “condescending manner” immediately prior to the incident.

The TTC began their months-long internal investigation into the matter following published accounts from a woman who said that she witnessed two fare enforcement officers tackle the male to the ground as he stepped off the streetcar at Bathurst Street on Feb. 18.

Video that was shot by the woman and was widely circulated online showed multiple police officers and at least one of the fare enforcement officers pinning the male to the ground as he yelled “You are hurting me, you are hurting me.”

In the wake of the release of the video, Ward 42 Coun. Neethan Shan expressed concerns that “young people, particularly young people of colour, are being impacted by excessive force and targeting in our city” in calling for a “full and timely investigation.”

The report from TTC investigators, however, said that there is insufficient evidence to support a finding that the fare inspectors “engaged in conduct amounting to discrimination and/or harassment” on the day in question.

It should be noted that Ombudsman Susan Opler has requested the TTC’s “complete investigation file” and will be conducting a review of her own. According to a statement released by Opler’s office on Wednesday afternoon, that review will focus on whether the internal investigation was “appropriately thorough, fair and transparent and whether its conclusions are reasonable, based on the available evidence.”

Customer had stared at officer: report

The TTC report said that the teen first drew the attention of one of the officers after he boarded the streetcar and proceeded to stare at him without saying anything.

The report said that the officer twice asked the customer if he needed assistance and then informed him that he was not checking for proof of payment, in an attempt at de-escalation. The report said the officer reported feeling “nervous and scared” after the customer did not respond and continued to stare.

Once the streetcar arrived at Bathurst Street the fare inspector and two colleagues both got off the vehicle, as did the male.

The customer then re-boarded the streetcar and proceeded to face the fare inspectors, who were now standing together on the streetcar platform.

The report said that’s when the officer who had the earlier interaction with the customer was seen smiling at him through the closed doors of the streetcar.

According to the report, the customer then pressed the button to open the door and approach the officer, who pushed him back in response.

The report said that’s when the customer attempted to punch the fare enforcement officers before eventually being tackled to the ground and held until police arrived.

“The force used by respondent one was such that a reasonable person in the same position may have taken similar actions. The reasons for his actions are clear and specific and at no time does respondent one use any force that is not in direct response to the action of the customer,” the report says. “The behaviour of the customer in this incident is not typical for a TTC customer and was such that it would – and did – cause several people to be concerned for their safety. Furthermore, it is clear that the force used by the respondents was reasonable and consistent with their training.”

Smile was ‘condescending’

The report said that while fare inspectors are trained to take a step back and deliver a loud warning when a person approaches their personal space, the inspector could not do so as he “was on the streetcar platform with his back against a wall.”

With that in mind, the report says that the inspector’s decision to push the customer “does not appear unreasonable,” especially given that he had to make a “split second decision.”

As for the inspector’s decision to smile once he got off the streetcar, the report does point out that the customer did not mention it in his written statement to investigators and may not have been reacting to it when he excited the streetcar and approached the inspector.

But the report also says that the smile “was more likely than not, condescending and demonstrated poor judgment.”

“While this falls short of the definition of harassment under the TTC’s Respect and Dignity Policy, given the context of the interaction between the customer and respondent one on and off the TTC Streetcar, and his role as a transit enforcement officer, the respondent’s smile was inappropriate and amounts to unprofessional conduct,” the report says.

In completing their investigation, TTC officials reviewed surveillance footage from the streetcar as well as a written statement from the customer. They also conducted extensive interviews with witnesses and all three transit fare enforcement officers.

The TTC says that no discipline is necessary in the case as the transit inspector in question has already been resigned from his job “for unrelated reasons.”