Court Holds Officer Accountable for Assault on Young Brampton Man
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Posted by Shelby Percival
- Posted in BlogsNews
On November 27, 2024, Justice Jennifer Woollcombe of the Ontario Superior Court of Justice in Brampton, Ontario released her decision finding Toronto Police Constable Calvin Au (“Constable Au”) guilty of assault in respect of Chadd Max Facey on April 26, 2021, but not guilty of assault causing bodily harm.
Chadd had met up with Constable Au and his partner Constable Gurmakh Benning (“Constable Benning”), both of whom were off duty, to sell an Apple watch that he has posted on Kijiji. Following the sale of the watch, Constables Au and Benning alleged that the watch was fake and started to chase Chadd.
Constable Benning was able to retrieve his money from Chadd, after which Constable Au tackled Chadd to the ground. After this interaction, Chadd’s family noticed that he had a bump on his forehead and appeared to be in and out of consciousness. Chadd was taken to Brampton Civic Hospital by ambulance, where he later passed away.
Falconers LLP partner Asha James and associate Shelby Percival are honoured to represent Chadd’s family in the civil proceedings related to his death.
In reaction to the decision, legal counsel Asha James stated that:
“This decision represents an important measure of accountability for police officers who still believe that they can abuse their power. I know that nothing will bring Chadd back, but this is an important step forward for his family. Even though this is not the verdict that the family had hoped for, they recognize this as the first step in holding Constable Au accountable for his actions.”
Media Coverage:
- Wendy Gillis, The Toronto Star (Nov. 27, 2024) – “Off-duty Toronto cop who tackled Brampton student in Kijiji deal gone bad is found guilty of assault”
- Global News (Nov. 27, 2024) – “Off-duty Toronto cop guilty of assault in Kijiji deal gone awry”
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