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ONTARIO SUPERIOR COURT OF JUSTICE (Toronto Region) BETWEEN: HER MAJESTY THE QUEEN Respondent and = ALEK MINASSIAN Applicant AGREED STATEMENT OF FACTS Re: exclusion of utierance pursuant to ‘8.7, 10(b) and 24(2) of the Charter ‘The Applicant Alok MINASSIAN and the Crown agree upon the following facts in the Application to exclude an utterance made by the Applicant in the booking room at $2: 1 ‘The Applicant stands charged with ten (10) counts of first- degree murder and sixteen (16) counts of attempted murder. For tho purposes of thic trial, including thio application, the voluntarinese of the Applicant's statement to DET THOMAS is admitted, It is also admitted that throughout that statement Det. Thomas treated the Applicant respectfully and acted in good faith For the purposes of this application, itis agreed that no person in authority threatened the Applicant in any way; no person in authority induced the Applicant to make any Ltterance; no person in authority promised or held out anything to the Applicant that would Page 2 of 12 affect the voluntariness of any utterance; and no person in authority inappropriately “tricked or "deceived" the Applicant in any way that would affect the voluntariness of any utterance. Its also agreed that the Applicant, while in custody at 32D, was treated in a proper manner. He was given food, drink and permitted to use the facilties when he required Prior to April 23. 2018. the Applicant planned an attack in which he would drive a rented vvan into people with the intent to kill them. This planning included reserving a rental van that he would eventually use on April23, 2018 in advance. (On April23, 2018, the Applicant picked up the rented white panel van in Concord, Ontario and then drove to the intersection of Finch Avenue and Yonge Street in Toronto. A few minutes before 1:30 PM, the Applicant began his attack and drove the van southbound con the west sidewalk and adjacent areas of Yonge Street between Finch Avenue West and Poyntz Avenue in the City of Toronto, \While driving the van in the said area, the Applicant drove his van into or otherwise struck at least twenty-six (26) people. Ten (10) of those people were killed and sixteen (16) were Injured to various degrees. ‘The Applicant eventually stopped the van on the north sidewalk of Poyntz Avenue facing westbound. He exited the van and was confronted by Constable Kenneth LAM. PC LAM was the only officer on scene at this time. PC LAM, with his firearm drawn, shouted ‘multiple commands to the Applicant to get down on his knees but the Applicant refused. Instead, the Applicant continued to yellout “Shoot me" and “Kill me" to PC LAM and made hand gestures suggesting that he had a firearm and was going to shoot PC LAM. The Applicant continued to ignore PC LAM'e commands and eventually began to move closer to PC LAM. At that point, PC LAM removed his baton from his belt as if to strike the Applicant and the Applicant immediately tured around and went down to his knees. ‘At approximately 1:31 pm, PC LAM was able to handcuff the Applicant to the rear while hhe was on the ground. PC LAM was by himself. He felt exposed and did not know if there were any other people involved in the incident, other than the Applicant PC LAM. 10. 1" 12, 2. Page 3 of 12 believed that he required the assistance of other officers in order to secure the scene and censure the situation was under control, Consequently, PC LAM did not feel that it was ‘safe enough for him to read to the Applicant his rights to counsel or tell him why he was arrested at that time. During this time, PC LAM did not have all the detals of what the Applicant had allegedly done. The information about the status of the victims (a few VSA or vital signs absent) ‘was not heard by PC LAM untlit was broadcast over the radio after the Applicant's arrest. Other officers attended the scene within approximately one minute and assisted PC LAM. ‘The stopping of the van and the interaction between the Applicant and PC LAM were ‘caught on various audiolvideo recordings. PC BUTLER and PC MIAN arrived on scene just before 1:33pm and assisted PC LAM with the arrest ofthe Applicant. They picked up the Applicant and brought him to the rear river's side door of scout car #3251, PC BUTLER and PC MIIAN then conducted a pat down search of the Applicant at this location. PC BUTLER asked the Applicant if had anything in his possession which would cause injury and the Applicant indicated that he Wanted to “dle .. suicide by cop" or something to that effect. PC BUTLER advised the Applicant as follows: BUTLER: You're under arrest right now. Who else was in the van? Applicant: No one. BUTLER: Just you? You're under arrest for attempt murder (unintelligible). You're under arrest ~ | have to explain to you that you're under arrest for attempt murder. It is my duty fo inform you that you have the right to ‘obtain and instruct Counse! without deiay. Ifyou do not have your own Iawyer, you alzo have tho right to telephone any lawyer you wiah. You also have the right fo free advice from a Legal Aid lawyer. If you are ‘charged with an offence, you may apply to the Ontario Legal Aid plan for assistance, 1-800-265-0451 is a number that wil put you in contact with @ Legal Ald Duty Counsel lawyer for fee legal advice right now. Do you understand? Applicant: Yeah. BUTLER: Allright. Applicant: —__(Uninteligible) BUTLER: —_ustlisten, 44. 18. 16, 17, 18. Page 4 of 12 Applicant: (Unintolfigibi) ..suicice by cop. BUTLER: Okay. (Uninteligible) Just hold on for a minute. (Uninteligible) or any other officer. ‘The above noted excerpt is from what was captured on the in-car camera recording from ‘scout car #3251. Due to poor recording quality, the recording/transcript does not capture everything that was sald between PC BUTLER and the Applicant. After the above exchange where the rights to counsel were read to the Applicant by PC BUTLER, the Applicants first response was, “Understood.". PC BUTLER then asked, “do you wish to calla lawyernow?” The Applicant answered, ‘No.” PC Butler then proceeded to read the standard police caution from the back of his memo book. The Applicant's response was “Understood.” PC BUTLER then stated to the Applicant that since he (the Applicant) has not had the opportunity to speak to Counsel, that it was in his best interest ‘to remain silent until had done so, ‘As PC BUTLER had received information that was provided by other officers that the Applicant was allegedly armed with a weapon, PC BUTLER andlor PC MIAN asked him ‘the had anything on him that would cause injury, and the Applicant made a reference that he wanted to die, suicide by cop, or something to that effect. ‘At approximately 1:36pm, the Applicant was placed in the rear of the scout car. Once inside the scout car PC BUTLER reminded the Applicant that the vehicle was equipped, with audialvideo recording equipment and that it was in operation. The Applicant nodded in the affirmative. PC BUTLER also said the following “Like | said when | gave you your rights fo counsel. Its very important right now, yes, ‘you say you don't want fo speak to a lawyer, but i's very important right now, you hhaven't had the opportunity to speak to a lawyer. Okay. (The Applicant nods in the ‘affirmative). Okay, 20 you ehould be very quiot until we got baok and booked into tho station." They left the scene at approximately 1:42 pm taking the most direct route to 32 division, ‘There was no further discussion between the Applicant and any police officers while he was being transported to 32 Division. Page 5 of 12 19, The scout car arrived at the entrance gate of 32 Division at approximately 1:48 pm and drove around the building to the sally port entrance. At approximately 1:48pm the scout car enters the sally port area which was closed when they first arived. Once the Applicant had been removed from the scout car, the Applicant was advised that his actions were being audio and video recorded while in the police station. PC MIAN provided the ‘Applicant's drivers license to the booker through the window from the sally por. 20. The Applicant was brought into the parading room at approximately 1:49 pm by PCs. BUTLER and MIAN, where the Applicant was reminded that everything he said was being ‘audio/video recorded. The Applicant nodded in the affirmative. 21. After providing the location ofthe arrest and clarifying the badge numbers of the invalved officers, Booker ANASTIOU asked "How many counts?" and PC BUTLER advised that it was undetermined at that point. 22. No questions were asked of the Applicant until Booker ANASTIOU asked the Applicant “ninety-two or eighty-two? When were you born?” the Applicant responded, “November three, 1992." 23, After confirming the amount of money, as counted by PC BUTLER, Booker ANASTIOU ‘asked the Applicant ithe had any other money on him and the Applicant responded, "Uh, ‘no.” Booker ANASTIOU then asked the Applicant if he agreed with the count and the Applicant responded, "Yes." 24, Booker ANASTIOU then asked the Applicant if he had any jewelry on him and the Applicant responded, “No.” 25, PC BUTLER pointed out the sign on the wall and explained to the Applicant the officers! requirement to maintain physical control of him, Prior to indicating this to the Applicant, PC BUTLER advised that the Applicant did not have to respond to him, Page 6 of 12 28. At approximately 1:57 pm, Sergeant LLOYD, the Officer in Charge ofthe station, entered 27, 28. 28. the booking room through the closed dear and moved behind the desk. SGT LLOYD then ‘asked PC BUTLER the following: LLoyo: All ighty. Okay, gentleman, what do you got? BUTLER: Staff, this is Alek Minassian, bom November third, nineteen ninety-two. Uh, he's under arrest today, ub, for an incident that, uh, st, sorry, believe at, uh, Yonge and Finch, ended at Yonge and Sheppard. Uh, it was alloyed thal tere were multiple people truck by a vehicle. ICs undetermined how many people. Uh, their states range from vital signs absent to receiving medical attention. So he's under arrest for ‘numerous attempt murder, uh, vehicular manslaughter, um, so we dont hhave an estimate number right now. He's been advised of his rights to ‘counsel. He'd indicated he understand those rights to counsel. He ‘advised he did not wish to make contact with a lawyer. Uh, his caution was also read and stressed the importance that, uh, he has not had the ‘opportunity to speak to a lawyer and that, uh, anything that he says can >be used in evidence. I's been also further read the, the in-car camera ‘caution, uh, to, to this individual. He's here today to prevent the repetition and continuation of the offence and to secure his appearance jn court. Due to the nature of the offence, uh, we are requesting, uh, level three search. Un, itis probably anticipated that his clothing will be seized as evidence, um, so we can facilitate that level three during the seizure of his clothing as well. PC BUTLER and PC MIAN did not learn the exact nature and quantity of the charges Until ater the booking of the Applicant. Although PC BUTLER stated to SGT LLOYD that the Applicant was “under arrest for ‘numerous attempt murder, uh vehicular manslaughter’, no officer had at any previous point stated "Vehicular manslaughter" or used the word "numerous" to describe the attempt murder charge to the Applicant. Prior to entering the booking room, SGT LLOYD did net have any definitive information that anyone had been pronounced dead at the scene. Having said that, SGT LLOYD believed that some of the pedestrians had passed away and that some were injured. SGT LLOYD was aware that the male in custody was the driver of the van that struck several people on Yonge Street, Page 7 of 12 30, After Booker ANASTIOU clatified the spelling of the Applicants first name with PC m1 32, BUTLER, SGT LLOYD asked the following question: Okay, Alek, first of al, you don't have to agree with it, but do you understand why you're here?” The Applicant replied, “I understand.” At this point, SGT LLOYD proceeded to ask a number of standard questions, that he ‘would ask every prisoner that he books into the station. SGT. LLOYD commenced the ‘questionnaire as follows: LLovo. ‘Okay. Um, I gotta go through @ questionnaire, Alok ‘Applicant: {nods head, affirmative} LLOYD: ‘Simple questionnaire we do for everybody, yes or no answers, okay? Applicant: [nods head, affirmative} LLOYD: Butts important thet you speak so that the microphones can pick you op. Applicant: {nods head, affimatve] Loyd: Do you understand? Applicant: Yes. ‘SGT LLOYD then asked the folowing questions and received the following answers LLovo: Okay. Are you suffering from any recent injuries? Applicant: No. LLOYD: No. Are you suffring from any ilnessos? Applicant: Yes. Im a murdering piece of shit Liovo: Okay, other than that, un, do you have any other inesses that you've ‘been diagnosed with? Applicant: No, Lovo: ‘No? Aro you currently faking any medication prescribed by @ doctor? Applicant: No, LLOYD: Are you under a doctor's care for anything Applicant: No, Lovo: ‘Okay, Alok, have you consumed any aloohol or non-prescribed drugs Within the last twelve (12) hours? Applicant: No. Lovo: Have you ever had a bad reaction to any drug in the past? Applicant: No. LLYOD: Have you ever done hanm fo yourself or attempted to hurt yourselt? Applicant: No. LLovo: ‘Do you have any special physical or mental conditions that we should be made aware of? Applicant: No, LLOYD: Okay. And what's your, uh, citizenship? Applicant! was born in Canada. 'm @ Canadian citizen. LLOYD: Okay. Page 8 of 12 33. At the end of these questions, SGT LLOYD advised the Applicant of what would occur next, as follows: LLoyo: Sir, do you have any questions? Applicant: No. Lovo: What's gonna happen is the officers will fake you upstairs where an investigator, uh, will lead the case. Um, and at that time you will have ‘access fo @ lawyer if you change your mind. Do you understand that, sir? Applicant: Yes. 34. The Applicant was escorted out ofthe booking room at approximately 2:03pm and taken for a level 3 search, which is a strip search and involves the removal of the Applicant's clothing, 35. Once the search was completed the Applicant was then dressed in a bio-hazard sult, as his clothing had been seized as evidence and he was placed in cell #3 at approximately 2:33pm. 36. At approximately 5:08 pm, Detective DiNINO from the Toronto Police ~ Homicide squad attended cell #3 to speak with the Applicant. He was accompanied by D/C CARTIER. 37. DET DiNINO advised the Applicant that he was under arrest and going to be charged. with nine (8) counts of first degree murder. He advised the Applicant again of his rights to counsel, including his right to speak with a free lawyer if he did not have one, When asked if he understood, the following exchange occurred: Applicant: Yes. Am I charged with any counts of attempted murder or only ‘murder? DININO im ust making some notes. Ah at this point these are the charges you are facing. | will update you if there are any other Charges that you willbe facing, Applicant: Okay. DININO: So my next question is do you wish to call @ lawyer now? Applicant: No, 38. DET DiNINO then read out the primary and secondary cautions from his memo book to the Applicant. The Applicant advised that he understood them. Page 9 of 12 39, DET DiNINO then stated the following: DININO: So just want fo und — make sure you understand that you're able fo speak fo any lawyer you wish or Duty Counsel instead, if ‘you like, which is a fre lawyer for free legal advice do you understand that? Applicant: understand. The only issue is, is that fo be honest J, don't know of any ah free lawyers or any of you know their numbers. DININO: Well that's why just re ~ read you this. 'm going to road this {0 you again, So if you are charged with an offence you may ‘apply (0 the Ontario Legal Ald — Legal Ald Plan for assistance at 4-800-265-0451 is @ number that will put you in contact with a Legal Aid Duty Counsel lawyer for free legal advice right now. ‘So do you understand I'm giving you the number, Im telling you the number that you can call — Applicant: So 1-800-265 ~~ DININO: You dom need to memorize i, but yes its 1-800-265-0451, Applicant: Okay. DININO: Soll ask you then again the question. Do you understand that ‘you have the right to free le — legal advice irom a lawyer? Applicant: Yes. DININO: And do you wish fo call a lawyer now? Applicant: Yes. DININO: Yes you do now? Okay now, now it willjust take a few minutes for me to facilitate that because I've got to get a private room for ‘you fo speak to them in private and Il be back fo do that okay. Applicant: Okay. 440. Prior to 5:08 pm, no police officer had stated to the Applicant that he was under arrest for murder or that he would be charged with murder. 41. Atapproximately 5:37 pm, DET DiNINO returned to cell #3 and escorted the Applicant to «a private room so that he could be given the opportunity to consult duty counsel 42, The Applicant finished speaking with duty counsel at approximately 6:53pm and was ‘escorted back to cell #3 by DET DiNINO. 43, At approximately 8:48 pm, DET DININO retumed to cell #3 to escort the Applicant to the print room fo have prints and photographs taken of him. Once the photographs and prints ‘were taken, DET DiNINO advised the Applicant as follows: DININO: Okay Ii! take you back to the cells. Okay, I just need to advise Applicant: DININO: Applicant: DININO: Applicant: DININO; Applicant: DININO: Applicant: DININO: Applicant: Page 10 of 12 you of something. Okay Alok, uhm Minassian just need to {dse you of ah some things have changed okay so your Jeopardy has now changed there's different charges that need to advise you of Do you understand that? Yes. Okey so Im going to read itto you again ike | cid before okay ‘ah fm arresting you for ah what's now 10 Counts of First Dogreo Murdor and 18 Counts of Attempt Murder. Its my duty to inform you that you have the right fo retain and instruct counsel without delay. You have the right fo telephone any lawyer you wish: you also have te right o fre advice from a Llagal Aid lawyer. Ifyou are charged with an offence you may apply tothe Ontario Lega Aid Plan for assistance 1-800-265- 0451 is @ number that will put you in contact wih a Legel Ad Duty Counsel layer for fee legal advice right now. Do you understand that? Yes. ‘And do you wish to calla lawyer now? ‘Ah no thanks, not atthe moment "just want to make you sure you understand that this sti @ free lawyer that wil put you in contact with the same as we did the last time ah and | need to make sure you understand thet your jopardy or the fact thal the charges you're ch ~ you're facing has now ‘changed. Do you understand that? T understand Okay and you stil donot wish fo calla lawyer now? Uhm yes, Im sure You do not wish focal a lawyer. Correct, 44, DET DININO then read MINASIAN the primary and secondary caution ‘again. At approximately 8:58pm, the Applicant was re-lodged in cell #3, 45. At approximately 10:52pm, DET DiNINO returned to celi#3 and escorted the Applicant to an interview room located within 32 Division. The Applicant arrived in the interview room ‘at approximataly 10:64pm, 46, Approximately forty-five (45) seconds later, Detective Robert THOMAS entered the Interview room for the purpose of interviewing the Applicant, 47. During his introductory comments to the Applicant, DET THOMAS told him the following! 48, 49, THOMAS: Applicant: THOMAS: Applicant: THOMAS; Applicant: THOMAS: Applicant: Page 11 of 12 Exactly yeah on on audio and video okay. Now ah here's what J want to.do ah Alek, uhm I want fo talk to you okay. Uhm we're going fo spend a, a, a good deal of time together okay. Okay. Uhm it's important that! talk to you, aright. Uhm Im going to ask you questions, okay. I'm going to ask you questions about ah your background, your education, uhm your relationships with your family and friends uhm work, travel and im going to ask you questions about what happened today, okay. Uhm, you don't have to answer those questions if you dont want fo okay. Do you understand that? Yes. Uhm but ifyou do decide fo an — answer my questions okay, ah | just ask that you do two things for me, okay. First thing is | ask that ah you treat mo with respect okay, ah | promise to treat you with respect throughout the entre night okay, all! ask is you do the same for me is that okay? Yes, ‘Okay ah and ah the other thing I ask Alek, and | Ive been doing this a fong timo okay, 2h and! typical never have any problems with people or anything lke that ~ | don't expect to have a problem with you today but, uhm if you do decide o answer my questions would you do ma the favour and and just ‘speak from the heart okay and just be taal that's all | ask. Does that sound ‘air? Yes. THOMAS continued on and then said the following to the Applicant: THOMAS, Applicant: THOMAS: Applicant Yeah okay and | know there was a bit ofan altercation, we'll get into that, but basically | just want to kind of ah cover off a few points before ‘we get started. My understanding is that ah, that incident, the time that you got arrested, you were on or near the area of Yonge Street earlier Today, is that right? Ah and a police officer told you that you were going to be placed under - arested and he placed you under arrest. Do you remember that? Iremember that. Okay do you remember what he arrested you for? believe | may have been arrested for something similar to murder. Just prior to 11:25pm and prior to asking the Applicant any questions about the allegations, DET THOMAS said the following to the Applicant: THOMAS, Applicant: THOMAS: Okay alright okay alight well ah here ~ here's here's what '™m telling you here today and i's important that you understand what 7m saying okay uhm you you're going to be charged with ten counts of frst degree ‘murder okay as well as fifteen counts of attempted murder ah Ive read {you your rights to counsel, you're Caution — Secondary Caution and so forth ah do you wish to speak to a lawyer? The choice is yours. Yes | will speak to a lawyer, You want to speak to a lawyer? Page 12 of 12 Applicant: Yes please, THOMAS: Okay ah do you have a lawyer or ld you want to speak fo Duty Counsel? Applicant: I'd like to speak to Duty Counsel please, THOMAS: Okay no problem so can you just hold on just can you sit tight for one second. Applicant: Sure. THOMAS: I'm ust going to just ext the room here for one minute okay uhm if you can just sit tight Ibe right back and then Ill take you down and Il be right back. 50. DET THOMAS then left the room in order to arrange for the Applicant to speak with duty counsel in private, 51. DET THOMAS returned approximately two (2) minutes later and escorted the Applicant ‘ut of the room so that he could speak with duty counsel in private. The Applicant and DET THOMAS were out ofthe room just prior to 11:28pm, 52. After the Applicant spoke with Duty Counsel for a second time, DET THOMAS and the Applicant re-entered the interview room and the Applicant's video statement continued 53. The interview went on for well over one hour during which the Applicant dectined to answer some questions and answered others, By the end of the interview, the Applicant provided information as to hs planning of the murders, the attack itself, what inspired him to engage in such conduct and background information, including his school history and other personal information, 54, The Crown expert forensic psychiatrist has been asked to comment on the significance of the Applicant's utterances to SGT LLOYD, in particular the “murdering piece of shit” ttterance and has responded as follows: "The utterance is not the ‘determining factor to [the] opinion. {1} consider everything that {the Applicant] told tho police himeoif to be important and .. the utterance is one piece of that.” Dated at Toronto on March 5, 2020 ‘Alek MINASSIAN, Applicant a a AELAGHANTorthe Respondent ‘Counsel for Applicant ‘og — BLENDED Voik DIRE — SUPERIOR COURT OF JUSTICE ‘COUR SUOERIEURE DE JUSTICE Rv MINASSIAN | Alek EXHIBIT No, No, dea piece DATE MAR D5 2000