'THROWN UNDER THE BUS': Transit officer union rips findings in TTC altercation probe
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As the TTC board considers a report on a use-of-force incident earlier this year, the union representing transit officers says key points were missing from the independent investigation.
Dariusz Nowotny, vice-president of CUPE Local 5089, tells the Sunthe report into the Feb. 7 altercation between two TTC Special Constables and a streetcar passenger contains inaccuracies, omissions and conjectures that unfairly state the officers’ role in the incident, which the investigator concluded constituted excessive force.
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“They did what they had to do to protect themselves and the public,” Nowotny said.
“Being thrown under the bus by our company and our CEO is extremely an unwelcome development.”
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The report, drafted by workplace investigation firm Rubin Thomlinson LLP, was commissioned by the TTC due to the attention the incident garnered.
The altercation began when a passenger became aggressive after being asked for proof of payment on an eastbound 501 Queen streetcar, leading to a struggle with officers attempting to remove him from the vehicle.
The man was first brought to the constables’ attention, Nowotny said, by a female passenger complaining about his behaviour.
Both officers sustained injuries, the union noted, and remain suspended from work pending discipline.
Probation documents obtained by the Sun show the passenger was found guilty in May of two counts of assault peace officer and one count of fail to comply with release orders on April 18.
“Our members were assaulted,” Nowotny said. “They became victims of crime the moment he pled guilty.”
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Nowotny also claims the TTC and investigator offered a chance to rebut the findings, but despite efforts by the union to make that meeting happen, it never took place.
He takes exception to the investigator referring to the incident as a “fight,” as well as accusations the officers’ actions were fuelled by a systemic bias against the mentally ill without establishing that the passenger suffered from mental illness.
“Simply put, no evidence exists this person suffered from any mental health issue,” Nowotny said.
The investigator admitted in the report that attempts to interview the passenger were unsuccessful.
Both Nowotny and city ombudsman Susan Opler have called on the TTC to release full video of the altercation — footage Nowotny says will tell the complete story of what went down.
“For whatever reason, they don’t want to do it,” he said.
“I want people to see the full video.”
bpassifiume@postmedia.com
On Twitter: @bryanpassifiume
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