A family in Whitby is sharing their story after members of the Durham Regional Police Services Tactical Support Unit broke down their front door and forced them outside to search their Kantium Way home.
“On Oct. 31, around 10:30 p.m. I was in my bed sleeping, and then I heard a loud noise coming from my front door,” said the father, who asked CityNews to conceal his family’s identity.
He was in the home with his twin daughters, aged 16.
“They used a battering ram to break down the door, and officers were pointing a machine gun [at] me with projectors and then ordered me to come out.”
The father wore only his boxer shorts and said his hands were restrained.
“It was so cold outside,” he told CityNews. “They eventually put me in a police car. The whole time, I was wondering what this was about, but they wouldn’t tell me anything.”
His daughters were still inside watching TV.
“I just see like this S.W.A.T. team, and they have the guns on me and stuff like that,” one of the daughters said. “They brought me outside, and then I just started to have a panic attack.”
Police apologize in aftermath of sudden raid
The family claims that after a two-hour search of their Whitby home, they were brought back inside and finally presented with the official search warrant. No evidence was taken, and none of the family members were arrested.
“They sat us down in the kitchen, and police apologized; they said I had the right to contact a lawyer,” the father said.
According to a warrant obtained by CityNews, police officers were looking for evidence related to an incident that occurred on Oct. 25 in Oshawa, where an unknown person was seen possessing an unlicensed handgun.
Officers were looking for that handgun, ammunition, and a specific article of clothing, none of which was found at the family’s home.
“We have no weapons at all,” the father said. “I still have no idea why they had to use such force to determine that.”
Durham Regional Police would not say why the family’s residence was targeted when Speakers Corner contacted them.
“This investigation is an active investigation; as such, we will not be providing direct information in relation to it,” a police spokesperson told CityNews.
“When we have search warrants in relation to firearms, our Tactical Support Unit will execute the warrant. Once they are inside the premises, anyone inside it will be immediately detained, and an initial safety pat down will be completed.”
Defence lawyer says similar search warrants not uncommon
Adam Boni, a former federal prosecutor and current defence lawyer who does not represent the family, said this case may seem shocking but is not isolated.
“It is not unusual for officers to, in good faith, execute warrants at locations and find no evidence of a crime,” said Boni. “The question is not whether they find evidence of a crime; it’s whether, in the application process and the execution process, they dotted their I’s and crossed their T’s, and they acted with professionalism.”
Boni said the only proper way to determine that is to obtain the complete warrant application, specifically an ITO, which is not publicly disclosed.
“That’s the information to obtain, and it contains the sworn investigative information submitted by the search warrant applicant.”
Boni says that when police apply for a search warrant, they must provide a judge with what they feel is credible evidence to persuade the judge to approve it. He says it’s not something taken lightly.
“Canadians enjoy a right to be free of unreasonable search and seizure. That right is one of the most important rights in the charter because it protects your personal privacy,” he said.
The law sets up an independent judicial arbiter to determine two things based on information sworn under oath by a police officer: Are there reasonable grounds to believe that an offence has been committed, and will evidence of those offences be found in the place to be searched?
But what happens when no evidence is found?
“We may come to realize that the information the police relied upon was wrong, but that doesn’t end the matter,” Boni said. “Police do not need proof beyond a reasonable doubt that evidence of the offence will be found in your place. It’s reasonable grounds. It’s a reasonable belief based on credible, compelling information to persuade a judge.”
Boni says Canadians targeted in police raids—whether involved in a crime or not—are still entitled to rights.
“A raid like this is inherently coercive because there are these strangers with guns, but you are not completely helpless. While you should never interfere with a police investigation, you have a right as a homeowner to insist on identification and to see the search warrant. You should ask immediately to speak with an attorney,” Boni said.
“After the fact, a judge will determine whether or not the police acted reasonably or excessively and whether your rights were violated.”
‘We just want answers’
The family feels their rights were violated and plans to speak with an attorney. In the meantime, they’re left with several unanswered questions and a hefty bill to replace their broken front door.
“My question is, why did they not knock on the door or ring the bell?” the father said. “We would’ve let them in as we have nothing to hide. Why break down my door?”
The family says the police had the wrong address. They explain that they live in a crowded townhouse complex and that their unit is often confused with their neighbours.
The unit numbers of each home are above the garages to the right of the front doors; even the CityNews crew had difficulty determining which door to knock on when we visited.
“We are constantly getting the wrong mail delivered because it can be confusing,” the father said. “Maybe that’s what happened, but still, I am not sure why police needed such force to get in.”
The family says they are still haunted by that night.
“My daughters cannot sleep and are worried someone else will be coming. They can’t eat properly,” the father said. “We are a good family and have never been in trouble with the police; I just don’t understand.”
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