Officer facing misconduct charges related to suicide
Toronto constable alleged to have refused to help after being alerted about man attempting to take own life
The Toronto police officer charged with breach of trust in connection with a High Park suicide last year is alleged to have refused to help a citizen attempting to enlist him to stop a young man from taking his own life.
Instead, according to Toronto police documents filed at the force’s disciplinary tribunal, Const. Kyle Upjohn falsely claimed to be on another call, instructed the citizen to call 911, then drove away without informing the police communications operator of a report of an ongoing suicide attempt in the park.
The allegations shed new light on an incident first revealed last year when Ontario’s police watchdog, the Special Investigations Unit (SIU) announced criminal charges against Const. Kyle Upjohn in connection with the suicide of 19-yearold Alexandre Boucher on Feb. 2, 2016.
The allegations are outlined in a Toronto police tribunal document, called a notice of hearing, that summarizes the Toronto police rationale for charging Upjohn with misconduct under the Police Services Act.
None of the allegations have been tested at the Toronto police tribunal.
Upjohn was initially charged with criminal negligence causing death and failing to provide the necessaries of life, but those charges were withdrawn late last year at the request of the Crown prosecutor.
Gary Clewley, Upjohn’s lawyer, said shortly after the charges were withdrawn that his client never should have faced them in the first place. “There was no evidence that the conduct alleged against the officer had anything to do with the death,” he told reporters outside court.
However, Upjohn still faces one count of criminal breach of trust, a charge laid by the SIU two months after the officer was first charged in connection with the incident.
During a brief court hearing last week, a judicial pretrial on the charge was scheduled for next month.
Clewley did not respond to requests for comment for this story.
Upjohn faces three counts of professional misconduct in connection with the incident, including neglect of duty and acting in a disorderly manner.
According to the notice of hearing outlining the misconduct allegations, Upjohn was in uniform and on duty in High Park when he was approached by an unnamed citizen requesting his assistance to stop a person from hanging himself.
“You refused to provide assistance. You told the citizen that you were on call and that he should call 911. This advice was inconsiderate, disingenuous and not in keeping with the Toronto Police Service customer service strategy,” says the notice of hearing.
Upjohn, in fact, was not on another call, the documents allege. After he instructed the citizen to call 911, Upjohn is alleged to have driven “out of the immediate area only to be detailed to the very call you attempted to avoid,” according to the notice of hearing.
The officer is also accused of then failing to inform the communica- tions officer that he had been told of an ongoing suicide attempt in the park, contrary to Toronto police standards of conduct.
“You were neglectful in assisting the citizen who approached you and the person in crisis, who was successful in taking his life,” read the documents.
According to the SIU, Toronto po- lice were contacted about a suicide attempt in High Park at about 2 p.m. on Feb. 2. By 3:30 p.m., the 19-yearold was pronounced dead, a SIU press release stated.
Upjohn is currently suspended with pay from the Toronto Police Service. Wendy Gillis can be reached at wgillis@thestar.ca