A Toronto police officer has been charged with manslaughter after a 19-year-old Brampton man died following an off-duty incident in April 2021, Ontario’s police watchdog says.
The Special Investigations Unit (SIU) said the charge relates to an incident on April 26, 2021, when two off-duty Toronto Police Service officers met and interacted with Chadd Facey in Brampton, Ont.
Global News previously reported that the off-duty officers allegedly travelled to Brampton to meet a teenager who tried to sell them an Apple watch on Kijiji.
The police officers realized the watch was counterfeit, leading to a physical confrontation with Facey.
Shortly after the interaction, Facey was taken to hospital where he later died.
Constables Gurmakh Benning and Calvin Au were previously charged under the Police Services Act in relation to the incident.
On Friday, the SIU announced Au has been charged with one count of manslaughter and one count of aggravated assault.
He is scheduled to appear in a Brampton court on March 2.
The SIU said as the matter is now before the courts, it cannot provide further information.
The SIU is an independent agency that investigates incidents involving police that have resulted in death, serious injury or alleged sexual assault.
Falconers LLP, the law firm representing Facey’s family, released a statement after the SIU announced the charges Friday.
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It said the alleged assault happened in the Highway 50 and Bellchase Trail area of Brampton around 2:30 or 3 p.m. on April 26, 2021 and Facey suffered serious injuries, including a hematoma to his head.
He was taken to Brampton Civic Hospital where he later died and a sudden death investigation was started by Peel Regional Police, the law firm said.
After it was determined that the incident involved an off-duty officer, the SIU took over the investigation.
“It has been clear to our family that there was some kind of misconduct that had occurred in respect of Chadd’s death,” Facey’s mother Fay Fagan said in the statement.
“We are happy to finally see that the officer is being held accountable for his actions.”
Asha James, legal counsel for the family, said the charges laid Friday are “an important first step” in understanding what happened to Facey.
“It is a clear message that whether on duty or off-duty, police are not immune from being held accountable for their wrongful conduct,” James said.
“This family has been suffering endlessly for two years, trying to understand what happened to Chadd and we are content that today, those responsible will be held to account for his death.”
The allegations against Au have not been proven in court.
Jon Reid, the president of the Toronto Police Association, said they will “continue to to ensure our member is treated fairly throughout the process.”
“Any death is tragic and impacts everyone involved,” Reid said.
“As this matter is now before the courts we will not be commenting any further.”
The Toronto Police Service said in a statement that Au is 33 years old and has been a member of the force for eight and a half years, most recently assigned to 55 Division.
He has been suspended.
The Toronto Police Service said it notified the SIU after learning of the incident in August 2021 and “will continue to fully cooperate moving forward through the court proceedings.”
It said after the criminal proceedings are finished, the police service will complete additional investigations.
“An investigation by the service’s Professional Standards investigation unit into the events of April 26, 2021 and the conduct of Constable Au and Constable Gurmakh Benning, who does not face criminal charges, will resume,” the statement said.
“The actions of both officers have been investigated by the Professional Standards Investigative Unit pursuant to the Police Services Act. The findings of these investigations have been referred to prosecution services, and now both officers will be before the police tribunal relating to allegations of serious misconduct.”
The service noted that whenever the SIU launches an investigation, the police chief for the service of the affected officer(s) must also conduct an administrative investigation, which is ongoing.
— with files from Global News’ Catherine McDonald
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