Jason Mitchell, 40, was arrested Thursday for allegedly breaking into a parked car and stealing electronic equipment from the vehicle on the morning of Aug. 17, 2011.
But police are saying Mitchell is not the person hit with spice, raising the question of just who was hit with the spice.
"As I said originally there would be more information to come and it would be prudent for people to not rush to judgment," said Toronto Police spokesman Mark Pugash.
"If you are asking me if the same person charged with the Aug. 17 alleged incident is the same person who was taken to hospital on Aug. 21 the answer would be no."
The theft occurred behind Maroli Indian Kerala Restauraunt in Toronto - a story that has caused national headlines when the owner, Naveen Polapady, was charged with assault causing bodily harm, assault with a weapon and administering a noxious substance.
Polapady, who has since been dubbed Spiceman, called 911 and police found a man with his eyes still burning.
After reviewing video of the alleged offence, they laid charges against Polapady.
Mitchell was scheduled to appear in court at Old City Hall in Toronto on Thursday at 10 a.m.
The investigation is continuing.