Police share why home invasion suspect wasn't arrested at hospital | Hanomansing Live
Nov 3, 2026
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Okay, let's get a legal perspective on the issues raised here.
Joining us now, Toronto criminal defence lawyer, Tanya Kent.
Thank you very much for being on the program.
You know, in hindsight, it seems so obvious.
There's a shooting, the suspects escape,
someone comes into a hospital and they have a gunshot wound.
Why wouldn't that be enough for police to arrest them?
So...
The thing is, the police have
to have some sort of reasonable suspicion.
So the idea is what I understand now
is that the police didn't even know that someone had
been shot during this home invasion.
So if the police have no belief that someone
was shot during this home invasion, the fact
that someone walks in to a hospital some distance away
from the area with a gunshot wound to
his shoulder is not reasonable grounds
or reasonable suspicion to arrest someone or
even hold them for investigative detention.
Yeah. And so in Ontario, if somebody comes into a hospital
with a gunshot wound, the hospital has to report that to police.
So that's why they were there.
They did talk to the person who had the gunshot wound.
Whatever he said or didn't say to them, they didn't have enough
information at that point to connect him to the home invasion.
What kind of evidence would police need?
To arrest someone, I'm not talking specifically in that situation,
but police arrive at a hospital, there's somebody with a gunshot wound,
what kind of evidence would they need to actually arrest that person?
So something that connects them to the situation,
as well as some sort of like...
Objective evidence of connection to criminality
or that particular criminality.
So I don't want to think of like an example per se, but if there
was information that someone was shot, if there was some sort
of descriptor from the individuals that gave a description that maybe
was something that this person had would maybe be something
to hold them for investigative detention or ask them questions.
But I want to be clear.
that when you're talking about asking someone questions
or whether what he said or didn't say
please understand that like people are not obligated
to assist the police in any investigation
or obligated to make a statement to the police
so it might be very well this person simply said
nothing and the police also don't have any information
so i have no choice but to release
Yeah, it's always interesting to me in cases like this, you know,
kind of, you know, it is hindsight and hindsight is fine.
But we now know that person is a suspect in this crime.
The police didn't know that as far as we know at that moment. Right.
And so think of a different scenario. What would have happened?
If someone goes to the hospital with a gunshot wound
who's not connected to a crime that happened somewhere else in the city
and who is arrested right away as a criminal defense lawyer,
how would you feel if that transpired?
If that transpired, I would need to know why
the police decided to arrest my client.
And I would want to indicate, I would want to ask,
what was the reasonable grounds and
what was the reasonable suspicion to think
that this person was involved in a crime?
And further, what was the reasonable grounds
that they had to believe that?
Because simply the fact that someone was shot is not a crime in itself.
And I think people, the public, is confused by that,
that seemingly thinking that someone
someone being shot is essentially
Free reign for the police to just ask all kinds of questions
and that they've somehow done something wrong.
So that, I would want to know that.
And frankly, would probably, if there was no evidence
besides only the fact that they were shot,
I would be bringing a charter application for sure.
A lot of people, from what I understand,
in the city of Toronto and beyond, we saw TMZ did a story on this,
but a lot of people concerned about how,
you know, from their perspective,
this suspect was right in the hands
of the police and they let him get away.
How outrageous this was in their eyes.
How do you see it?
I don't think that's outrageous
because the police simply didn't have that information at the time.
So what we would be arguing for,
and I think people don't want to say this out loud,
we'd be arguing for a state where we would just hold people,
thinking that they're maybe involved
in something that we don't know what it is,
but they're involved in something and holding someone
or trying to get them to speak about something,
which would go against...
All the rights that we have in this country about
not making statements either to incriminate yourself or at all
and the right not to be held in arbitrary detention,
which that would be arbitrary if there was no evidence, simply the fact
that I was or not me, but that someone was shot and being held.
We can do a lot of Monday morning quarterbacking,
but essentially the police simply did not have that information.
Yeah, it's interesting, right,
because we often hear people invoke charter rights to protect people
who are suspects in crime, but those charter rights
also protect way more people who aren't involved in crime at all,
and I think sometimes, Tanya, people forget that.
Tanya Kent, Toronto criminal defense lawyer,
thank you very much for speaking with us.
Thank you.

