3 TTC officers used excessive force against man on Queen streetcar in Feb.: investigator

By Charlene Close, Lucas Casaletto

An independent investigator has determined three TTC officers used excessive force against a man on a 501 Queen streetcar in February.

In the 12-second video posted to social media, transit officers and the man can be seen wrestling and throwing punches before some sort of foam spray is deployed in an attempt to subdue the individual.

“On February 7, 2020, an altercation occurred on a TTC streetcar between a passenger and four TTC employees: two members of the Special Constable Service and two members of the Revenue Protection,” according to a TTC document.

“A video of a portion of the incident was posted to social media, resulting in attention from the media and members of the public. Due to the seriousness of the incident, the TTC retained Rubin Thomlinson LLP, an independent third-party workplace investigation firm, to investigate the incident.”

Police said 34-year-old Steven Phackaberry was charged with two counts of uttering threats and two counts of assaulting an officer.

It was found that the transit officers’ actions were “impacted by their perception” of the passenger’s mental health and their perception was also “discriminatory on the basis of disability.”

The investigation revealed that both Special Constables used unnecessary force against the passenger and that one fare inspector used unauthorized and unnecessary force against the man.

The report says the initial interaction between the passenger and the TTC Special Constables and fare inspectors did not breach any TTC policy.

The investigator makes four recommendations including improving training on how to interact with anyone who has mental health issues.

The TTC says it will continue to work with the Toronto Ombudsman and her office to “progress work underway to create a customer service-oriented culture within the Special Constable Service and Revenue Protection, one free from bias and discrimination and responsive to the needs of all diverse.”

Management at the TTC has accepted all of the recommendations.

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