Inquest into fatal police shooting of Tony Divers scheduled to begin in November

The inquest into the death Tony Divers, an unarmed man who was shot and killed by a Hamilton police officer in 2016, will begin in November.

The 36-year-old died in hospital on Oct. 1, 2016 after being shot on a busy downtown street, right by Hamilton GO Centre shortly before midnight on Sept. 30.

Ontario's Special Investigations Unit ruled the officer who killed Divers was justified in believing his own life was at risk, fearing that Divers was armed and reaching for a weapon.

Divers was unarmed when he was shot.

In its decision, the SIU said officers responding to a call that Divers had assaulted a women had been told he was armed, was high on drugs, had a violent history and was considered "anti-police."

The report says when the officer confronted the Hamilton man, he started walking away from the officer, ignoring his calls to stop and get on the ground.

It says he then turned around with his hand in the waistband of his pants and took two steps toward him, taking something out from the front of pants and pointing it at the officer.

The officer fired two shots, one hitting Divers in the chest.

Divers' family has raised questions about the fatal shooting.

His sister, Yvonne Alexander, said even though her brother had a criminal past she doesn't feel that should have played a role in his death.

"Anthony served his time, he had his penance and he was very remorseful for his actions."

Alexander added she's hoping the inquest jury will share her feelings that police need increased training in de-escalation techniques when dealing with people who are in crisis.

She said she's also prepared for the inquest to be some of the most difficult days of her life.

"You can never prepare yourself for something like this," she explained. "You'll have to relive it, relive all the pain again, like a scab that's going to be ripped off once again."

At the same time, Alexander said she's hoping the inquest will finally provide some answers, three years after her brother was shot.

"As painful as it's going to be … we really need to know what transpired that night and why."

One factor the family is relying on is a program introduced by Ontario government in 2017 that helps reimburse legal costs during inquests for the loved ones of someone killed during an interaction with police.

Alexander, who has been granted standing at the inquest, said they've applied for the program, adding without that support the family won't be able to raise the funds needed for the inquest

A media release from the province that was issued Monday noted that because Divers died following an "interaction with the Hamilton Police Service" and inquest is mandatory under the Coroner's Act.

"The inquest will examine the circumstances surrounding Mr. Divers' death," it stated. "The jury may make recommendations aimed at preventing future deaths."

The inquest is scheduled to begin at 9:30 a.m. on November 4 at the John Sopinka Courthouse.

It's expected to run for two weeks and will include approximately 20 witnesses.