Police watchdog notified 11 months after man allegedly injured during Toronto arrest

Editor’s note: This story has been updated to reflect that Toronto police notified the SIU of an Nov. 30, 2015, incident that led to a charge being laid against an officer.

The province’s police watchdog clarified on Monday that Toronto police did inform the Special Investigations Unit of a case where a man allegedly sustained serious injuries during a 2015 arrest.

That incident, which led to an assault charge being laid against a Toronto officer last week, wasn’t disclosed to the SIU until nearly a year after it was said to have happened, however.

The SIU’s clarification comes after media outlets including AM640 reported claims from the alleged victim’s legal representation that the police force had failed to notify SIU, as is required by the Police Services Act.

On Friday, both Toronto Police and the SIU declined to comment on how the matter was disclosed to the agency.

The Office of the Independent Police Review Director, a civilian agency that oversees complaints regarding police conduct, said Tuesday it received a complaint, and during the course of the investigation it contacted the Toronto police Professional Standards Unit, which then notified the SIU.

The SIU said it was informed of the Nov. 30, 2015, incident on Oct. 31, 2016.

Toronto police declined to respond to a request for comment Tuesday on why the matter was not disclosed sooner, saying the case was before the courts.

On AM640 on Friday, a lawyer for the alleged victim called for accountability from Toronto police in its handling of the case.

Lavinia Latham, of the African Canadian Legal Clinic, said that her client posed no real threat, but was “absolutely brutalized” in the incident.

LISTEN: Lavinia Latham joins the Tasha Kheiriddin Show with guest host Chris Stockwell

“It’s anti-black racism and the amount of force that was imparted on our client was absolutely excessive and completely unjustified,” she said.

“And so to hear that the SIU has actually decided to lay a charge is absolutely a positive development.”

Last Wednesday, the SIU said that the 23-year-old man suffered serious injuries while being arrested outside of an apartment complex near Maple Leaf Drive and Jane Street. He had been in a cab prior to the arrest.

Officers were in the area responding to reports of gunshots, according to Latham, but she said she has no indication those reports were accurate.

Latham said her client, who was not known to police, suffered a concussion, sustained lacerations to his forehead and needed to use crutches. He also alleges he was groped.

Const. Joseph Dropuljic has been charged with one count of assault.

None of the allegations have been heard in court. Dropuljic is expected to make an appearance on Sept. 7.

Latham said that the SIU investigation was prompted by a complaint to the Office of the Independent Police Review Director after the alleged victim came forward to the African Canadian Legal Clinic.

A spokesperson for the OIPRD clarified that the agency does not notify the SIU, but in the course of its investigation of the complaint, it contacted Toronto police’s Professional Standards Unit.

The SIU is an arm’s-length agency that reports of serious injury, death, or allegations of sexual assault involving police in Ontario.

READ MORE: Toronto police chief denies ‘cover up’ in alleged ‘violent attack’ by off-duty officer

Under the Police Services Act, police chiefs are required to immediately report incidents “involving one or more of his or her police officers that may reasonably be considered to fall within the investigative mandate of the SIU.”

Last month, charges were laid against a Toronto police officer in a case where the SIU was not informed of the allegations by the police force itself.

On July 18, the SIU announced that Toronto police officer Michael Theriault and his brother, Christian, had been charged in the severe beating of 19-year-old Dafonte Miller, on Dec. 28, 2016. Theriault was off duty at the time and the incident took place in Whitby.

The brothers are jointly charged with aggravated assault and assault with a weapon, and are facing individual charges of public mischief.

That SIU investigation was prompted by a complaint from Miller’s lawyer, who says his client was beaten with a steel pipe and suffered broken bones. As of last month, he was awaiting surgery to remove his left eye.

Toronto police chief Mark Saunders said Waterloo Regional Police would be conducting an investigation into how that case was handled.

With files from Global News