Africa-Press – Rwanda. The family of Erixon Kabera, a 43-year-old Rwandan man fatally shot by Canadian police personnel in Toronto late last year, has expressed disappointment after Ontario’s Special Investigations Unit (SIU) announced that the two officers will not face criminal charges.
The SIU director’s report released on June 6 concluded that there were “no reasonable grounds” to lay charges against the officers who shot Kabera on November 9, 2024. Kabera died the next day.
The decision has sparked frustration among Kabera’s relatives and members of the Rwandan diaspora in Canada, who are demanding transparency and accountability.
“The family is disappointed with the findings of the investigation,” they said in a statement sent to The New Times.
“Erixon was loved by many and is deeply missed by his family, friends, and his community both in Canada and in Rwanda. The family is reviewing the report and considering their legal options. They will be making no further comment at this time.”
What led to Kabera’s killing
Kabera, a father of three and vice president of the Rwandan community in Toronto, was fatally shot in an incident that quickly drew public scrutiny. The SIU, a civilian oversight agency that investigates deaths, serious injuries, and allegations of sexual assault involving Ontario police officers, was notified shortly after the shooting before it launched an inquiry.
According to the SIU report, officers had attended the home of a civilian witness, referred to as CW #1, to follow up on an earlier interaction involving Kabera. CW #1 had reported that Kabera had attempted to enter their apartment while allegedly holding what appeared to be a firearm.
When officers encountered Kabera, they fired multiple rounds, believing he posed an immediate threat. One officer gave an interview to the SIU, the other submitted notes. Both claimed that Kabera pointed an object at them that looked like a gun.
“The officers honestly believed they were looking at an actual gun in the complainant’s possession,” wrote SIU Director Joseph Martino in the report. “Though mistaken, their misapprehension was a reasonable one.”
Attempts to use a Conducted Energy Weapon (CEW) reportedly failed, and the officers opened fire, discharging 24 rounds. Although no weapon was ultimately found on Kabera, the report accepted the officers’ belief that he had been armed as a reasonable, if mistaken, perception under the circumstances.
But for the Rwandan community, that explanation is not enough. Speaking to The New Times, Alain Patrick Ndengera, president of the Rwandan community in Canada, criticized the SIU’s findings.
“This decision is not the end of the story. It is the beginning and a rallying cry for accountability,” Ndengera said. “Justice must not only be done but must be seen to be done.”
Ndengera said the report is riddled with contradictions that raise serious doubts about the integrity of the investigation.
“The report mentions officers falling after firing their weapons, implying confusion or injury, but doesn’t clarify who shot whom. SIU confirms Erixon never fired a weapon. So, what happened?”
He also questioned the plausibility of the claim that Kabera advanced toward officers while unarmed and being hit by multiple bullets, saying this narrative “appears less like a factual account and more like an attempt to justify what increasingly sounds like a shooting spree.”
The SIU report acknowledged that some of the gunshots struck Kabera in the back but maintained that this could be explained by the physical dynamics of the incident—suggesting that he might have been falling or turning when he was shot. It also emphasized that the officers had limited time to react and were concerned about the safety of other residents in the building.
“Given the speed at which events unfolded and the presence of fifth-floor residents, including CW #1, whose safety would have been endangered, the officers’ use of force was justified,” the report concluded.
Another point of contention is the claim that officers fired through the apartment door, despite the report stating that Kabera was in the hallway.
Ndengera said this detail “suggests either confusion among the officers or an excessive escalation that undermines the claim of measured force.”
“Firing 24 bullets at close range shows a complete breakdown in police restraint and protocol,” he said. “Only after emptying their magazines did the officers attempt to administer first aid. Was saving a life ever the goal?”
Ndengera believes the SIU’s priority was protecting the officers’ legal standing.
“The internal messaging from Hamilton Police focused on justifying the shooting, while the family was left with grief and no closure. If justice is a right, not a privilege, then the Kabera family must be supported in exploring every legal avenue.”
The file is now officially closed. But for Kabera’s family and supporters, the fight for justice continues.
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