Waseem Khan knew he had the right to use his phone to film Toronto police officers as they arrested and Tasered a man on a downtown street corner. He was standing an appropriate distance away and not obstructing the officers. He was performing what he believes to be his civic duty — holding his city’s police service accountable for their actions, particularly when vulnerable or marginalized people are involved. He did not expect the police officers to try to stop him from filming, or warn that his phone would be seized as evidence if he continued. This week, Khan, 33, received an apology from the Toronto police sergeant who ordered junior officers to “get that guy out of my face, please.” The statement, read out at a police tribunal hearing, came after Khan’s complaint to the Office of Independent Police Review Director was investigated and charges of discreditable conduct and use of excessive force were laid against Sgt. Eduardo Miranda.“Sgt. Miranda wishes to acknowledge that on January 24, 2017 he had no authority or grounds upon which to prohibit Mr. Khan from video recording the police interaction with a member of the public,” said the statement read out by Miranda’s lawyer. “Mr. Khan was acting lawfully, was not interfering with the arrest in any way, and had every right to film the police in the course of an arrest. Sgt. Miranda regrets interfering with Mr. Khan’s attempt to film.”Both charges were withdrawn following mediation facilitated by the OIPRD. The settlement — which does not have any financial aspect — was approved by the OIPRD and is confidential. Andrew Henry, the man who was arrested, did not participate in the mediation, according to Selwyn Pieters, Khan’s lawyer.Both Pieters and Khan said they believe Miranda’s apology was sincere. “(Miranda) came away a better person and a better police officer,” Pieters said. “We want (police office ...
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