Sentencing Submissions for Toronto Police Officer Guilty of Assault on Young Brampton Man Set for Monday

On Monday May 12, 2025, Toronto Police Constable Calvin Au (“Constable Au”) will be back in Court in Brampton as the Crown and Defence make sentencing submissions. On November 27, 2024, Constable Au was found guilty of assault committed against Chadd Max Facey on April 26, 2021. Sentencing submissions begin at 10:00am – click here to watch via Zoom (passcode:439427)

In her November decision, Justice Jennifer Woollcombe stated that she found Constable Au to be a “very poor witness”. Justice Woollcombe also found that Constable Au was a difficult witness in cross-examination and characterized him as being combative and argumentative with the Crown, as well as being non-responsive and evasive. Many of Constable Au’s answers left Justice Woollcombe with significant concerns about the credibility and reliability of his evidence.

On April 26, 2021, 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, which resulted in Chadd sustaining a head injury. In the evening of April 26, 2021, 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.

Previous Postings:

https://falconers.ca/court-holds-officer-accountable-for-assault-on-young-brampton-man/ – November 28, 2024

https://falconers.ca/criminal-proceedings-begin-for-toronto-police-officer-charged-in-death-of-19-year-old-brampton-teen/ – September 23, 2024

https://falconers.ca/toronto-police-officer-charged-in-death-of-19-year-old-brampton-teen/ – February 10, 2024

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