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Ontario’s police watchdog clears officer after woman’s falling death during wellness check

A photo of the Special Investigations Unit headquarters in Mississauga. Global News

Ontario’s police watchdog says no charges are warranted after an investigation into a 60-year-old woman’s falling death during a wellness check in North York earlier this year.

The Special Investigations Unit (SIU) said Toronto police officers were called to an apartment building in the Yonge Street and Finch Avenue area shortly before noon on May 18 after receiving a call about a woman who was considering suicide.

Three officers attended the woman’s apartment, including one who spoke her language since she reportedly did not speak English. That officer was designated as the subject official in the investigation.

The woman’s roommate answered the door and officers asked to speak with her.

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The SIU said the woman then came to the door and spoke to the subject officer, who explained that they received a call from one of her friends concerned about her wellbeing and were there to make sure she was OK.

The woman said that she was having troubles and was planning to return to her country of origin, the SIU said.

The officers then asked to see the woman’s identification and she agreed.

The officers waited in the hallway by the door of her apartment while she went to get her passport, the watchdog said.

Within a few minutes, the officers then heard over the radio about someone who jumped from the building they were in and fearing it was the woman, went into the apartment and in the bedroom found an open window with a hole in the screen, the SIU said.

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The woman was seen on the ground below.

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The officers rushed to help her, as did paramedics and firefighters, but she died at the scene.

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SIU director Joseph Martino said the offence considered in relation to the case was criminal negligence causing death.

“Once at the complainant’s address, I am satisfied that the officers comported themselves with due care and regard for the complainant’s well-being,” he wrote in part.

“The [subject official], who had taken the initiative to respond to the call for service as he could speak the same language as the complainant, took the lead in talking to the complainant in her mother language. He explained why they were there and assured the complainant that she was not in any trouble with the police.”

Martino said while the woman expressed some difficulties in her life, she appeared “calm and coherent.”

“As the officers only knew her by a name other than her legal name, the [subject officer] asked to see some formal identification to ascertain her legal name,” he wrote.
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“Regrettably, the complainant used the opportunity to jump through her bedroom window.

“Given the brevity of their interaction and the complainant’s composure throughout her dealings with the officers, I am unable to reasonably conclude that anything the [subject official] did or failed to do amounted to criminal negligence.”

Martino said that for instance, he does not believe the officers had grounds to apprehend the woman under the Mental Health Act prior to her death.

The full report can be found on the SIU website.

The SIU is an independent agency that investigates incidents involving police that have resulted in death, serious injury or alleged sexual assault.

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