Ontario police forces should conduct a comprehensive review of systems meant to flag risky officers like ex-海角社区官网police Const. James Forcillo, the jury at the coroner鈥檚 inquest into the death of Sammy Yatim said in its long-awaited verdict.
The jury鈥檚 63 total recommendations, aimed at stopping the next death like Yatim鈥檚, could be 鈥渢ransformational,鈥 said lawyer Ed Upenieks, who represented Yatim鈥檚 father and sister at the inquest.
鈥淭hese recommendations are a blueprint to consistently bring policing practices to a higher standard in Ontario,鈥 said聽Jennifer Chambers, executive director for the Empowerment Council, a mental health and addiction advocacy group that was a witness at the inquest.
A key focus of the inquest was why 海角社区官网police did not intervene on Forcillo before Yatim鈥檚 2013 death; jurors heard the officer pointed his service weapon at someone six times in 15 months before he fatally shot Yatim on a downtown streetcar.
To that end, a key recommendation was the call for a first-ever systematic review of the automated database police use to track and flag alarming officer behaviour 鈥 the inquest heard that system 鈥渨asn鈥檛 working properly鈥 in the lead-up to July 27, 2013.
The jury鈥檚 other recommendations include creating a police accountability watchdog in every police division in Ontario; more support for crisis support teams as an alternative to police; mental health support and financial resources for the families of those killed or seriously injured by police; and the creation of a government body to facilitate the implementation of recommendations from inquest juries across the province.
鈥淥n behalf of everyone on the jury, we wanted to express our heartfelt condolences to the family on the tragic loss of Sammy,鈥 a juror said in a statement on behalf of the jury.
鈥淚t is our hope that the recommendations put forth from this inquest will make Ontario better, a safer place to live.鈥
What was not in question were the facts of what happened that night: Forcillo shot Yatim eight times as the 18-year-old was in the midst of a mental health crisis; while on the ground and dying, Yatim was then Tasered by another officer.
Although Yatim had drawn a knife, he was alone on the streetcar and the inquest heard a TTC driver had been handling the situation calmly.
鈥淭hen, the police arrived,鈥 inquest counsel Grace Alcaide Janicas earlier told the jury. 鈥淓verything changed immediately, dramatically, and very much for the worse.鈥
Along with its recommendations, the jury also issued its final ruling on Yatim鈥檚 cause of death: homicide by gunshot wound to the chest.
That finding was expected. Forcillo was already found guilty of attempted murder at a high-profile trial in 2016 鈥 the unusual verdict made possible due to the jury鈥檚 decision to split his two volleys of bullets into separate charges.
Instead, the inquest hinged on ways to improve policing and prevent the next tragedy.
A photo of Sammy Yatim, held by a friend at the sentencing of Const. James Forcillo in 海角社区官网on Thursday, July 28, 2016.
THE CANADIAN PRESS/Michelle SiuThe jury鈥檚 63 recommendations are directed at the Ontario Office of the Solicitor General and police agencies across the province. They include:
鈥 Regular training for officers on their 鈥渄uty to intervene鈥 when witnessing misconduct.
鈥 The creation of a 鈥渜uality assurance and audit鈥 role in every police division to review body-worn camera footage and early intervention reports, among other things.
鈥 The creation of a government body responsible for facilitating the implementation of recommendations from inquest juries across the province.
鈥 Financial and mental health support for family members of those killed or seriously injured by police.
鈥 Establishing a Center for Excellence in Policing to continuously improve and standardize training given to police recruits.
鈥 Supporting the continued development of community-based crisis response services as an alternative to police.
鈥 Considering making mental health and first aid training mandatory for all officers.
鈥 Research into the quality of tests police services use to screen recruits, along with their effectiveness in detecting traits incompatible with policing.
The jury also recommended that Ontario police services 鈥渃onsider an approach to apologies, expressions of regret and recognition of loss鈥 following incidents like the Yatim case.
At the inquest, former 海角社区官网police deputy chief Mike Federico told the jury that Yatim鈥檚 death 鈥渄irectly resulted鈥 in a change in how the service monitors officer behaviour.
Before, it would take six incidents in 12 months before an analyst would decide if an intervention 鈥 a non-disciplinary process focused on officer well-being 鈥 was necessary.
Now, early intervention is mandatory after the third time in a 12-month period that an officer points their gun at someone.
In his testimony, Forcillo said that he was never spoken to about his frequent use of his firearm and had no memory of an early intervention he received in Nov. 2011 after complaints of his 鈥渂rusque鈥 interactions with the public.
He also said that if he had a Taser on the night he killed Yatim, it 鈥渨ould have changed everything.鈥
Forcillo was granted full parole in 2020. He is set to finish his six-year sentence in May.
In his final words to the jury earlier this week, Upenieks said that police agencies in Ontario have a long path ahead in seeking to eliminate all police killings of civilians.
鈥淭he pace of change and improvement is slow 鈥 a sense of urgency is lacking,鈥 he said.
As in all coroner鈥檚 inquests, the jury鈥檚 recommendations are not binding.
Throughout the inquest, lawyers for the Yatim family pointed out that recommendations from previous inquests could have saved Yatim鈥檚 life if they had ever been implemented.
Asha James, counsel for Yatim鈥檚 mother, emphasized this in her final statements to the jury on Tuesday.
鈥淭o save the next Sammy, we must be proactive 鈥 not reactive,鈥 she said.
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