In a courtroom packed with supporters, Desmond Cole appeared in Old City Hall on Thursday to fight a trespassing charge laid at Toronto police headquarters this summer, after the activist and freelance journalist refused to cede the microphone at a police board meeting.

Cole was escorted out of headquarters by officers in July, after he disrupted the monthly meeting by demanding that he be allowed to speak about the high-profile case of Dafonte Miller, a Black teen alleged to have been severely beaten by an off-duty Toronto police officer and his brother.

Cole says he is determined to fight the provincial charge, which comes with a $65 fine, though he calls it a “waste of everyone’s time and money.” His lawyer, Annamaria Enenajor, told the court in a brief hearing that she will challenge the charge on the basis that it violates Cole’s Charter rights, specifically his freedom of expression.

A judicial pretrial has been scheduled for January.

“We are not going anywhere until we get the accountability that we deserve for Dafonte,” Cole said outside court, prompting cheers from more than 100 supporters.

Miller was 19 years old when he was alleged to have been severely beaten with a metal pipe by an off-duty Toronto police officer and his brother in Ajax on Dec. 28, 2016. He suffered serious eye damage, a broken orbital bone, a broken nose and a fractured wrist.

Const. Michael Theriault and his brother Christian Theriault are charged with aggravated assault and assault with a weapon. They also each face one count of public mischief based on allegations they misled investigators.

The case has prompted intense criticism about the handling of the incident by both Toronto and Durham regional police — chief among them each police service’s failure to notify Ontario’s police watchdog, the Special Investigations Unit (SIU), given the involvement of Michael Theriault, who was off-duty at the time.

The watchdog only became aware of the incident when contacted by Miller’s lawyer, Julian Falconer, months later. The SIU then began an investigation, resulting in charges against the Theriault brothers in July.

At the police board meeting just over a week later, Toronto police board chair Andy Pringle and police chief Mark Saunders acknowledged the case,announcing an unusual step to call in Waterloo Regional Police Chief Bryan Larkin to conduct an internal review of Toronto police’s handling of the incident.

The meeting then moved on to other business, but Cole, in a deputation to the board on another matter, began speaking out about the Miller case. Pringle then attempted to tell Cole that nothing further could be said on the matter because of the ongoing criminal case and the investigation by Waterloo police.

“It will come back and you will have an opportunity to speak,” Pringle said, of the investigative report from Waterloo police.

Pringle had earlier warned that no disruptions would be tolerated, alluding to previous board meetings where Cole and members of Black Lives Matter loudly chanted and questioned board members, sometimes prompting the meeting to temporarily adjourn.

As Cole continued to speak, Pringle adjourned the meeting, and the board — including Mayor John Tory — walked out. Cole was later escorted out and charged and the meeting resumed.

Outside court Thursday, Cole questioned why the board has been silent on the Miller case in the four months that have passed since the charges were laid, a criticism also being made by Falconer, Miller’s lawyer.

“Neither Dafonte Miller nor his family have received one iota of information,” Falconer said in an interview this week, adding that there has been a “bizarre radio silence” on behalf of police and its board in this case.

Falconer has called for a systemic review of police conduct by Ontario’s police complaints watchdog, the Office of the Independent Police Review Director (OIPRD), saying it is a “poster child” for what’s wrong with police oversight in Ontario.

The lawyer alleges misconduct by both by Toronto police and Durham regional forces, including attempts by Michael and Christian Theriault’s police officer father to conceal his sons’ alleged crimes.

In a complaint filed to the OIPRD in August, Falconer alleges that John Theriault, a 30-year Toronto police veteran who currently works in the professional standards unit, “repeatedly contacted (Durham police) investigators to gain information relating to the status of the investigation” and provided false information about injuries suffered by Christian “to aid in the concealment of the crimes committed by his sons.”

The complaint also alleges Toronto police permitted John Theriault to communicate with and have access to Durham investigators.

John Theriault did not respond to a request for comment from the Star this week.

Waterloo police, Toronto police and chair Pringle confirmed to the Star this week that the internal investigation into Toronto police conduct is ongoing — but it may be months before it is sent to the board.

“We are currently reviewing information and will be completing the report for Toronto Police Service,” Waterloo police Insp. Mike Haffner said in an email. He did not respond to a question about when that would occur.

The chief’s administrative review, known as a section 11 report, is mandatory after the completion of every probe by Ontario’s police watchdog, the Special Investigation Unit (SIU).

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Last year, following a Star series on police transparency, the Toronto police board committed to releasing, in part, these previously secret reports.

Under Ontario’s Police Services Act, these reports are required to be sent to the board within 30 days after the SIU finishes its investigation.

This requirement is much simpler in cases where the SIU does not lay a criminal charge. The 30 days begin ticking down when the SIU director informs the chief from the affected police service that the director’s report has been sent to the Ministry of the Attorney General.

However, in cases where a criminal charge is laid there is no such report. The Police Act regulations do not explicitly spell out when the 30-day countdown begins in this scenario.

Toronto police has adopted a practice where they aim to report to the board within 30 days of a charge being sworn in court. In Theriault’s case, that period would have begun in July. However, given the fact that the case is both highly complex and currently before the courts, it may be several months before the report comes to the board.

In an interview with the Star, Pringle stressed that while it was important to let investigators from Waterloo do their job, he hopes to see the report soon.

“We want to see the answers, too, and sooner, not later,” he said.

Don Peat, spokesperson for Tory, reiterated in an email this week that Tory, too, wants to let Waterloo police do their job.

“Mayor Tory was clear that there were unanswered questions around this case and he is waiting for the independent probe to be completed before commenting further,” Peat said.

After Durham police were called to the scene on the night of the incident, officers initially charged Miller, not the Theriaults, with assault, alongside other charges. All were withdrawn by the Crown in May.

Durham police are also conducting an investigation into their handling of the incident. In September, Durham Police Chief Paul Martin announced a new policy to ensure the SIU is called in to investigate serious injuries caused by an officer in his region — regardless of whether the cop was from his force or off duty.

Dave Selby, spokesperson for Durham police, said their internal investigation is ongoing.

“We are co-operating fully with both the OIPRD and SIU investigations and have offered to provide them any information they might require,” he said.

Theriault has been out on bail since his arrest on July 18. He is suspended with pay.

Wendy Gillis can be reached at wgillis@thestar.ca

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