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Police in Ontario killed a man in crisis. Now they're fighting to keep their names private

Police in Ontario killed a man in crisis. Now they're fighting to keep their names private

CBC
Monday, July 10, 2023 09:34:14 AM UTC

A police agency west of Toronto is fighting to secure a publication ban on the names of the officers involved in the death of Ejaz Choudry, a father of four with schizophrenia shot and killed by police, who claimed they had to act out of fear for his safety.

Peel Regional Police say publishing the identities of the five officers involved in the death of the 62-year-old in June 2020— including one who fired two bullets into Choudry's chest after his family called a non-emergency line when he was in crisis — would put them and their families at risk. 

CBC News intends to oppose the application for a publication ban.

In a notice of motion to the Ontario Superior Court of Justice in May, lawyers for the force said "the officers fear for their safety and mental wellness, and for that of their family members."

One officer involved in the shooting said he fears going out in public with his family and has faced threats and intimidation on social media and during protests, according to the police motion.

Choudry's family members say the move for a publication ban reeks of irony. 

"Despite ignoring my father's safety and well-being in the midst of a mental health crisis, these officers have asked the courts to respect and prioritize theirs," said Choudry's daughter, Nemrah Ahmad. 

"It's simply an excuse to keep their names hidden from the public," Ahmad said. "There needs to be transparency and accountability."

The motion is set to be heard next April. The family's lawyers, Simon Bieber and Chris Grisdale, declined to comment.

The motion comes as Choudry's family prepares for a lengthy court battle after their hopes for criminal charges were dashed when Ontario's police watchdog declined to lay charges against the officers involved. 

In April 2021, Ontario s Special Investigations Unit concluded the officers acted appropriately, saying the decision to open fire was "reasonable, necessary and proportional to the threat posed by Mr. Choudry."

Last June, the family filed a $22-million civil suit against the Peel Regional Police Services Board, Chief Nishan Duraiappah and the five individual officers for what they say was a "reckless" response to a mental health distress call that ultimately cut Choudry's life short.

Police maintain they were dealing with an armed man who threatened them and that non-lethal measures to stop him were unsuccessful.

The civil suit, which not been reported on until now, claims the officers' actions breached Choudry's right to life under the Charter, amounted to cruel and unusual punishment, and violated his right to equality as a racialized person in crisis.

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