Gun Evidence Tossed After Video Shows Police Car Hitting Scooter Riders in Canadian Tire Takedown
An Ontario judge has excluded gun evidence from a case involving a dramatic police takedown near a Canadian Tire in Whitby, where surveillance footage showed an unmarked Toronto police vehicle striking two men riding an electric scooter.
The ruling followed findings of improper police conduct and came after the officer involved, Const. Joshua Baksh, was convicted of assault.
Surveillance Video Shows Scooter Riders Hit
The incident happened on June 25, 2024, at a mall plaza in Whitby.
Four surveillance videos showed the scooter riders being thrown from the vehicle after Baksh accelerated his unmarked police car into them. The video also showed the officer getting out and chasing one of the men through the Canadian Tire Garden Centre.
Police Were Trying to Arrest Trayvon Palmer
A Toronto police team had gone to the plaza to arrest Trayvon Palmer, who was wanted for breaching bail conditions.
Officers saw Palmer riding an electric scooter with another man, Paul Lewis. During the operation, one officer said over the radio that they should block the pair in and take them immediately.
Radio Comment Led to Misunderstood Takedown
Court proceedings revealed that Baksh misunderstood the radio communication.
Instead of simply blocking the scooter, he drove the unmarked vehicle into it, launching Palmer and Lewis into the air. The operation did not unfold as planned and later became the subject of criminal and Charter scrutiny.
Second Police Vehicle Hits Lewis
After the first collision, Palmer ran and Baksh pursued him through the Garden Centre.
Meanwhile, Lewis moved in another direction. Surveillance footage appeared to show a gun being dropped before Lewis was hit by a second police vehicle and crushed between the two police cars.
Lewis Seriously Injured
Lewis was arrested and later taken to hospital by paramedics.
His lawyer, David Campos, said Lewis suffered serious injuries, including spinal and rib fractures. Campos argued in court that police used arbitrary and dangerous force against Lewis, who was not the person officers had originally gone to arrest.
Lawyer Challenged Gun Charges Under Charter
Campos challenged the gun-related charges using the Canadian Charter of Rights and Freedoms.
He argued Lewis had been arbitrarily detained and subjected to excessive force when police used a vehicle as a weapon during the takedown. The court agreed that the circumstances justified excluding the gun evidence.
Judge Tosses Gun Evidence
Because the judge excluded the gun evidence, Lewis was effectively acquitted of the more serious charges.
The remaining matter involved a failure to comply with bail conditions, after it emerged that Lewis was outside his home without a surety.
Charges Against Palmer Withdrawn
The Crown withdrew the charges against Trayvon Palmer.
The ruling and withdrawal added to questions about how the police operation was planned, communicated and carried out.
Officer Convicted of Assault
Const. Joshua Baksh was charged by Ontario’s Special Investigations Unit and later pleaded guilty to assault.
The case has drawn renewed attention to police accountability, use of force and the consequences of unlawful or excessive tactics during arrests.
Toronto Police Say Internal Process Will Wait
Toronto Police Service said internal disciplinary matters will wait until the criminal court process has fully concluded.
The service also said Baksh remains employed with TPS in a non-public-facing role while the matter continues.
Accountability Concerns Raised
Former Toronto mayor John Sewell, now with the Toronto Police Accountability Coalition, criticized the incident and said police tactics sometimes appear influenced by unrealistic crime-movie thinking.
His comments reflected broader concern over whether the use of vehicles in police takedowns creates unnecessary danger for suspects, bystanders and officers.
Charter Rights at the Centre of the Case
The case shows how police misconduct can affect criminal prosecutions.
When evidence is obtained through actions that violate Charter protections, courts can exclude that evidence if admitting it would bring the justice system into disrepute.
The Whitby scooter takedown has become a striking example of how aggressive police tactics can derail a criminal case.
What began as an attempt to arrest Trayvon Palmer turned into a violent collision, serious injuries to Paul Lewis, a Charter challenge, excluded gun evidence and an assault conviction for a Toronto police officer.
The case now raises broader questions about police planning, communication, force, accountability and the limits of lawful arrest tactics in Ontario.
