The sentencing hearing for a Toronto police officer found guilty of attempted murder in the 2013 shooting death of a teen on board a streetcar gets underway in downtown Toronto on Monday.
Lawyers for Constable James Forcillo will argue for a sentence of house arrest after a constitutional challenge to the mandatory minimum sentence of four or five years was filed by the police officer.
They have questioned the constitutionality of certain sections of the Criminal Code and their application to cases such as Forcillo’s.
Sammy Yatim was shot to death in July of 2013, after a producing a small knife on board the Dundas Streetcar.
His shooting, which was captured on cellphone video, sparked public outrage and led to a review of how police handle situations involving those in crisis.
In January, Forcillo was acquitted on charges of second degree murder and manslaughter in the death of the 18 year old, after the jury found that he was justified in firing the first three shots at Yatim.
However he was was found guilty of attempted murder in relation to he second volley of shots fired at the teen, he has been out on bail since his conviction.
Forcillo had pleaded not guilty to all charges.