The Special Investigations Unit has cleared the Toronto Police Service officers involved in the shooting of a man outside an Eglinton Avenue East movie theatre in late December.
"In my view, the subject officers were justified in law in causing the unfortunate death of Mr. (Paul) Daniel," Ian Scott, the SIU's director, said in a news release issued Friday.
The SIU described the fact situation as follows:
- police were told that a man had pointed a firearm at an individual in front of the Cineplex Theatre complex at 1901 Eglinton Ave. E.
- When officers arrived on scene, bystanders pointed out Daniel, a 34-year-old from Laval, Que.
- they yelled at him to go down to the ground
- instead, took out what appeared to be a black handgun with a long barrel out of his clothing and pointed it at them
- the four officers responded by "discharging their firearms at Mr. Daniel, causing his death"
The SIU said after Daniel's death, it turned out he had pointed a pellet gun at the officers.
Scott said the Criminal Code gave the officers the authority to order Daniel to lie down and to use lethal force when hepointed the firearm at them.
The SIU was contacted for comment, but its spokesperson left a message saying she had left for the weekend.
The SIU is an agency set up to review cases in which police have been involved in a death, serious injury or have been alleged to commit a sexual assault.
It has the authority to lay a criminal charge against an officer or officers, but it can also close the file.
The results of all investigations are reported to the provincial attorney general.
