Toronto

Family of Sammy Yatim tells inquest they still struggle to cope with teen's death

Sammy Yatim was a quiet and shy boy who loved animals and art, and who taught himself to play the guitar, jurors heard Friday at the start of a coroner's inquest into the teen's death.

Distraught teen shot several times by then-Const. James Forcillo on empty streetcar in 2013

A headshot of Sammy Yatim
Sammy Yatim, 18, died after he was shot several times by James Forcillo, a Toronto police constable at the time, on an empty streetcar on July 27, 2013. (Facebook/The Canadian Press)

Sammy Yatim was a quiet and shy boy who loved animals and art, and who taught himself to play the guitar, jurors heard Friday at the start of a coroner's inquest into the teen's death.

Ed Upenieks, lawyer for Yatim's father, read a prepared statement in which Bill Yatim said Sammy loved his family, especially his sister Sara, and he relished the role as her big brother.

Yatim was 18 when he was shot by Const. James Forcillo on an empty streetcar on July 27, 2013. The teen, who was holding a small knife, was hit by two separate volleys of bullets.

Yatim was pronounced dead in hospital.

"On that fateful night over 10 years ago, Sammy, who had just turned 18, ended up alone, somehow separated from his friends," his father wrote in the statement. 

"He needed a phone to call me. He knew he was in trouble, and he knew that I could help him. He needed me. But I never had the opportunity to help him."

'I cannot believe my boy is gone'

Yatim's sister, Sara Yatim, also submitted a written statement, while his mother, Sahar Bahadi, spoke at the inquest.

All three family members said there should be resources to help people like them cope with their loss, noting they are still struggling to come to terms with his death more than a decade ago.

"I miss him terribly. I think about him all the time. I cannot believe my boy is gone," his father said.

"I see someone walking down the street that looks like him and I jump. I am left with a terrible sense of emptiness and loneliness."

Meanwhile, his sister said, "I can't describe the pain that has been caused by this. It has destroyed me and shattered my dreams — made me lose hope in myself, the world and our society, because Sammy probably just needed a hug."

His mother described him as "sweet, beautiful, polite, with a stunning smile and radiant green eyes."

Jurors acquitted Forcillo of second-degree murder related to the first round of shots, which the court heard had killed the teen. The officer was convicted of attempted murder related to the second volley, fired while Yatim was lying on his back.

Forcillo was sentenced to six and a half years behind bars and was granted full parole in 2020.

In his opening statement, coroner's counsel Peter Napier said jurors are asked to consider the mechanisms in place to promote good decision-making in police, and best practices in responding to people in crisis.

Napier said that can include factors such as police recruiting, monitoring of officers, the role of bystander officers during confrontations, the role of supervisors in monitoring officers, and the availability of mental health supports.

However, he said the inquest is not meant to re-examine the events of that day, which were extensively reviewed during trial, or issues such as Forcillo's potential culpability, the investigation by a police oversight body, or the details of the use-of-force model used by police.

Napier also expressed condolences to Yatim's family and friends.

"Sammy's life ended very tragically and far too soon and our thoughts are with you as we proceed through this inquest," he said.

Yatim's mother hopes inquest will lead to changes

Asha James, lawyer for Yatim's mother, said Bahadi hopes the inquest will lead to changes in how police are trained in de-escalation. She would like to see police given new strategies for dealing with mental health calls.

"This inquest has been something that has been very important to Dr. Bahadi because she really, really wants what happened to Sammy not happen to anyone else. And so, the coroner's motto of 'We speak for the dead to protect the living,' that is something that Dr. Bahadi really believes in," she said. 

Sahar Bahadi, mother of Sammy Yatim, arrives at court in Toronto, on Friday, January 22, 2016.
On the 10th anniversary of her son's death, Yatim's mother Sahar Bahadi said she worried her calls for change in policing and justice for her son were no longer being heard. (Nathan Denette/The Canadian Press)

"When we think about these these types of incidents where the police say, 'We're concerned for the safety of ourselves and for our other police officers, and for members of the public,' usually the person that's in distress is last on the totem pole, right? And we want to kind of change the way we're looking at that."

LISTEN | Asha James, lawyer for Yatim's mother Sahar Bahadi, shares what they hope to achieve at inquest:

Asha James is the lawyer for Sammy Yatim’s mother, Sahar Bahadi.

The inquest was supposed to begin in November 2022, but was delayed after Bryan Badali, the lawyer for Forcillo, brought forward a motion asking the proceeding to consider the possibility of "suicide by cop," where a person behaves threateningly in order to trigger a lethal response from law enforcement.

The presiding coroner rejected that argument.

In a news release on Dec. 14, the coroner's office said the inquest is mandatory under provincial law. Dr. David Cameron will be the presiding officer and Peter Napier and Grace Alcaide Janicas will be inquest counsel.

The proceedings, which are being conducted by video conference, are expected to last 13 days and to hear from about 14 witnesses.

Jurors also heard testimony Friday afternoon from the driver of the streetcar on which Yatim was shot, and  viewed video footage from inside the streetcar.

The inquest is not sitting Monday and will resume Tuesday.

With files from Muriel Draaisma, Lane Harrison and The Canadian Press