WHAT HAPPENS NEXT?
With abuse-of-process motion
Starting May 16, a two-week hearing will be held. The defence will first argue the charges be stayed as an abuse of process.
Why pursue abuse of process?
“(Forcillo) substantially followed his training, that training was provided to him by the state, therefore the state should be disentitled to a conviction because they . . . provided the training to him,” lawyer Peter Brauti said.
At the sentencing hearing
Should that motion be denied, the defence will argue the mandatory minimum sentence for attempt murder with a restricted firearm (five years in prison) should be found unconstitutional. The Crown and defence will also suggest an appropriate sentence.
What is the argument for ruling it unconstitutional?
“Generally, when you think of attempted murder with a firearm it is not in the context of somebody attempting to enforce the law and making a mistake, and it’s not in the context of firing at someone who has already been fatally injured,” Brauti said.
Immediate effect on Forcillo
Police Chief Mark Saunders confirmed Forcillo will be suspended with pay as a result of the guilty verdict under the force’s bylaws, but that further action would only be determined after sentencing.
What about bail conditions?
Forcillo remains on bail pending sentencing and his other motions. If sentenced, he is expected to appeal and could remain on bail.
Effect on other officers
The force will also wait until after the case is closed to decide whether other officers — such as Sgt. Dan Pravica, who Tasered Yatim after he was shot —will face disciplinary action.
For the Toronto Police Service
Saunders said the service “has examined in the smallest detail . . . the way in which we use force.” A day of training on dealing with people in crisis has been added. Though he said current training will be updated and improved, and that TPS is implementing recommendations from the Iacobucci report, he didn’t specify which recommendations would be applied. Alyshah Hasham and Verity Stevenson