U of T student suing Toronto police, says he was mistakenly tasered, handcuffed

A University of Toronto student and his mother are suing the Toronto Police Service, claiming he was assaulted by officers in what police have described as a case of “mistaken identity.”

The lawyer representing Hasani O’Gilvie says his client, who is a Black man, was heading to class on Aug. 12, 2021 when he was stopped by three officers and subsequently tasered and handcuffed.

“Mr. Ogilvie was violently taken to the ground and piled-on by the officers,” says lawyer David Shellnutt. “One officer placed his knee on Mr. O’Gilvie’s neck for an extended period of time, while simultaneously and repeatedly tasering him.”

Shellnutt claims the assault occurred while the 27-year-old’s hands were handcuffed behind his back. He is calling the alleged violence against his client a case of “walking while Black.”

“At no time did Mr. O’Gilvie resist this unlawful arrest, nor did he pose a threat to himself or anyone else,” he says.

Related:

• Myron Demkiw sworn in as new Toronto police chief

• Race-based data could be used to investigate ‘inequitable policing’: TPSB

In a letter to new police chief Myron Demkiw, Shellnutt references earlier this year when former TPS Chief James Ramer issued an apology for anti-Blackness within the organization. Shellnutt wrote O’Gilvie’s case “brings humanity home to the race-based data.”

The findings of a 2020 Ontario Human Rights Commission report that found Black people in Toronto were 20 times more likely than white counterparts to be fatally shot by police and a 2022 report from the police service itself that found Black people were more likely to have an officer point a gun at them — whether perceived as an unarmed or not — than white people in the same situation.

Toronto’s police board has unanimously approved a nearly $50-million increase to the force’s budget earlier this week.

Critics against the funding have cited recent reports they say point to the devastating consequences of over-policing Black, Indigenous and racialized communities.

A statement of claim has been filed on behalf of Hasani O’Gilvie and his mother. The lawsuit’s allegations have yet to be tested in court.

Members of the O’Gilvie family are scheduled to speak to the media on Monday morning.