Adam Nobody - Falconers LLP

December 11, 2014

On June 26, 2010, Adam Nobody was one of many citizens who attended at Queen’s Park, the designated free speech zone, to peacefully assemble and protest during the G20 conference. At the Queen’s Park rally, police surrounded protestors and began to advance upon them in an attempt to have the protestors disperse. During the police advance, several members of the Toronto Police Service tackled Mr. Nobody to the ground and delivered several blows to Mr. Nobody. Once detained and handcuffed, Mr. Nobody was handed off to two plain-clothed officers who again engaged in a further use of force. As a result of the police actions, Mr. Nobody’s nose and cheek bone were broken. John Bridge, another citizen attending the protest, videotaped the initial arrest of Mr. Nobody and posted it on YouTube. The S.I.U. investigated the incident and found that the police officers who had initially arrested Mr. Nobody used “excessive force” but were unable to charge any of the involved officers because they were unidentifiable. Mr. Nobody was charged with obstruct justice and assault peace officer. Both charges were withdrawn by the Crown on October 1, 2010. At the time of withdrawal, the Crown indicated that there were no “reasonable and probable grounds” to arrest Mr. Nobody.

Criminal charges were laid against Cst. Babak Andalib-Goortani, who was found guilty of assault by Justice Botham of the Ontario Court of Justice, and on December 9, 2013, Cst. Andalib-Goortani was subsequently sentenced to 45 days in jail. This ruling was appealed, and while Andalib-Goortani’s sentence was suspended, his conviction was upheld.

Cst. Andalib-Goortani subsequently pleaded guilty to professional misconduct as a result of his criminal conviction. Following a disciplinary hearing, the TPS imposed a penalty of forfeiture of five days’ pay, allowing Cst. Andalib-Goortani to resume full duties as an armed TPS officer. Mr. Nobody appealed that decision to the Ontario Civilian Police Commission (OCPC).

Four of the other officers involved in Mr. Nobody’s arrest were also subject to a disciplinary hearing after the Office of the Independent Review Director (OIPRD) substantiated Mr. Nobody’s complaint that the officers used excessive force in his arrest and found that it was serious in nature. Following a disciplinary hearing, the TPS found constables Michael Adams, David Donaldson, Geoffrey Fardell, and Oliver Simpson not guilty of misconduct. The Divisional Court has ordered that the OCPC hear Mr. Nobody’s appeal of that ruling.