Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault. The Unit’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the Police Services Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether an officer has committed a criminal offence in connection with the incident under investigation. If, after an investigation, there are reasonable grounds to believe that an offence was committed, the Director has the authority to lay a criminal charge against the officer. Alternatively, in all cases where no reasonable grounds exist, the Director does not lay criminal charges but files a report with the Attorney General communicating the results of an investigation.

Freedom of Information and Protection of Privacy Act (“FIPPA”)

Pursuant to section 14 of FIPPA (i.e., law enforcement), certain information may not be included in this report. This information may include, but is not limited to, the following:

• Confidential investigative techniques and procedures used by law enforcement agencies; and
• Information whose release could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding. 

Pursuant to section 21 of FIPPA (i.e., personal privacy), protected personal information is not included in this document. This information may include, but is not limited to, the following:

• Subject Officer name(s);
• Witness Officer name(s);
• Civilian Witness name(s);
• Location information; 
• Witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence; and 
• Other identifiers which are likely to reveal personal information about individuals involved in the investigation.

Personal Health Information Protection Act, 2004 (“PHIPA”)

Pursuant to PHIPA, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may have also been excluded from this report because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.

The Unit’s investigative jurisdiction is limited to those incidents where there is a serious injury (including sexual assault allegations) or death in cases involving the police.

“Serious injuries” shall include those that are likely to interfere with the health or comfort of the victim and are more than merely transient or trifling in nature and will include serious injury resulting from sexual assault. “Serious Injury” shall initially be presumed when the victim is admitted to hospital, suffers a fracture to a limb, rib or vertebrae or to the skull, suffers burns to a major portion of the body or loses any portion of the body or suffers loss of vision or hearing, or alleges sexual assault. Where a prolonged delay is likely before the seriousness of the injury can be assessed, the Unit should be notified so that it can monitor the situation and decide on the extent of its involvement.

This report relates to the SIU’s investigation into the injuries a 27-year-old man (the “Complainant”) suffered.

Notification of the SIU

On October 29, 2020 at 1:00 p.m., the Thunder Bay Police Service (TBPS) notified the SIU of the Complainant’s injury.

TBPS informed the SIU that on October 28, 2020, at 10:59 p.m., TBPS officers responded to a bar fight involving multiple parties at the Westfort Tavern, 1408 Brown Street, Thunder Bay. The first fight ended before police arrived, but a second fight started upon police arrival. The Complainant knocked the Subject Officer (SO) to the ground as well as himself. The Witness Officer (WO) became involved in the arrest of the Complainant while assisting the SO. The Complainant received lacerations to his buttocks which required him to be transported to Thunder Bay Regional Health Sciences Centre (TBHSC). TBPS was later notified by TBPS officers at the hospital that the Complainant had been admitted to the surgical ward due to the deepness of the lacerations.

The Team

Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 0

Complainant:

27-year-old male interviewed, medical records obtained and reviewed

Civilian Witnesses (CW)

CW #1 Interviewed
CW #2 Interviewed
CW #3 Interviewed

Witness Officer

WO Interviewed

Subject Officer

SO Declined interview, as is the subject officer’s legal right. Notes received and reviewed.

The Scene

The scene was in the bar area of the Westfort Tavern, located at 1408 Brown Street, Thunder Bay.

The scene was not forensically examined; however, the incident was captured by Closed-circuit Television (CCTV) recordings and cellular phone video recordings by tavern customers.

The bar was typical of this type of establishment, with tables and chairs for patrons.

Video/Audio/Photographic Evidence

Cellular Phone Video #1

TBPS provided a cellular telephone video recording to the SIU. The video imagery was recorded in colour but had no associated audio. The video was approximately nine minutes and 38 seconds in duration and captured the Complainant assaulting an unknown male at the back of the bar, near a pool table. The video evidence suggested the assault likely took place prior to police arrival. Patrons of the bar separated the Complainant from the unknown male. The male remained lying on the floor while people gathered around him. Shortly after the video clip ended.

Cellular Phone Video #2

CW #1 provided the SIU with a copy of a cellular phone video. This video recording was approximately one minute and 35 seconds in duration. The imagery was recorded in colour and had captured audio as well. The operator of the video was unstable while recording, making it difficult to determine which significant events were captured on the recording. The video captured sounds of breaking glass and people screaming, suggesting a brawl was being recorded. The audio captured comments such as, “Good Lord,” “What the hell?” “The cops are here,” and, “What a shit show.” The remainder of the video was of no evidentiary value to the investigation.

The Westfort Tavern Video Surveillance Recordings

TBPS provided a copy of the surveillance recordings to the SIU. The imagery was captured in black and white with no audio. A number of cameras captured segments surrounding this event but one of the cameras captured more significant events relevant to the investigation; it was situated to capture much of the bar area where the incident occurred.

At 10:53 p.m., the video began with a man (now known to be the Complainant) pacing near an exit door located behind an electronic basketball game. The Complainant appeared to be agitated as he paced by the exit door and then randomly kicked it.

A female (believed to be CW #2) stood near the bar area and appeared to be speaking with several patrons. Soon after, CW #2 moved towards the bar and stood between two men. Video images captured one of the men moving CW #2 away from the bar and CW #2 shoved this man by the face. A struggle ensued between CW #2 and this man.

Other male patrons converged onto the man who was struggling with CW #2 and began assaulting him. Video images captured the Complainant running across the tavern and colliding into the bar with the man, knocking bottles and bar items over. The Complainant took the man to the floor where CW #2 and other patrons began to kick the man.

At 10:55:13 p.m., the WO and SO entered the tavern and tried to separate the combatants.

Video images captured the WO being attacked by male persons. Objects (believed to be beer bottles) were thrown at the officers and one of the males pulled the WO’s police jacket over his head. The WO was able to free himself and shove the males away. The SO appeared to be separating the remaining combatants assaulting the man. The Complainant was captured taking hold of the SO in what appeared to be a headlock position and tossing him to the floor, knocking over a table and chairs. Images captured the WO going down on one knee trying to assist the SO, but he was assaulted by two males jumping on his back. The WO pushed the males off him, knocking them to the floor. The WO got to his feet while patrons appeared to be assisting the SO to stand. Other patrons intervened to separate the Complainant from the SO.

At 10:55:59 p.m., video images captured the Complainant exiting the tavern door near the electronic basketball game. The Complainant appeared to be injured at this time as images showed large quantities of blood staining on the seat of his pants and the left pant leg. The remainder of the video recording captured the WO and SO following behind the Complainant as he exited the tavern.

The video recording ended at 10:56:59 p.m.

Materials obtained from Police Service

Upon request the SIU obtained and reviewed the following materials and documents from TBPS:

• Notes-the SO;
• Supplementary Occurrence Report;
• A copy of the Westfort Tavern video surveillance recording; and
• A copy of a cellular telephone video #1.

Materials obtained from Other Sources

The SIU obtained and reviewed the following records from non-police sources:

• Medical records – TBHSC;
• A copy of a current photograph of the Complainant;
• A copy of a current photograph of CW #1; and
• A copy of a cellular telephone video #2.

The material events in question are clear on the evidence collected by the SIU thanks to video recordings from cell phones and surveillance cameras that captured the incident in parts, as well as interviews with the Complainant, the WO (the other arresting officer) and a number of civilian witnesses. The SO, as was his right, declined to interview with the SIU. He did, however, authorize the release of his notes.

Shortly before 11:00 p.m. on October 28, 2020, the WO and SO arrived at the Westfort Tavern, 1408 Brown Street, Thunder Bay. They had been dispatched to investigate a disturbance at the bar. Upon entering the premises, the officers walked in on a barroom brawl in progress. The Complainant was one of the involved parties. Moments prior, noticing CW #2 scuffling with another male patron at the bar, the Complainant had taken the male to the floor.

The officers ordered the combatants to stand down and then physically intervened to pull them apart. Bottles were thrown at the officers and the WO found himself being attacked by a number of males, one of whom pulled his jacket over his head. As this was occurring, the SO was grabbed in a headlock by the Complainant and tossed to the floor as he was trying to free a male who was being assaulted by a number of other men. The Complainant climbed on top of the SO and began to punch him. The SO delivered several punches of his own and called for his partner’s help. The WO, while himself engaged in a struggle with others, made it to his partner’s location and punched the Complainant in the head. The SO was able to extricate himself from under the Complainant after the punch.

The Complainant exited the bar after his confrontation with the SO and was followed by the officers, who arrested him without further incident. Additional officers began to arrive at the scene.

Noticing a large amount of blood coming from the Complainant’s left leg, the WO applied a pressure bandage and an ambulance was summoned. The Complainant was taken to hospital where he was diagnosed with multiple lacerations.

Section 25(1), Criminal Code -- Protection of persons acting under authority

(a) as a private person,

(b) as a peace officer or public officer,

(c) in aid of a peace officer or public officer, or

(d) by virtue of his office,

On October 28, 2020, the Complainant was arrested by TBPS officers and subsequently taken to hospital where he was diagnosed with lacerations of his left leg and right buttock. One of the arresting officers – the SO – was identified as the subject officer for purposes of the SIU investigation. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the Complainant’s arrest and injuries.

Pursuant to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law. There is no question that the officers’ arrest of the Complainant was lawful. Based on what they had seen and personally experienced, there were grounds to take the Complainant into custody for an assault-based offence.

Thereafter, I am satisfied that both officers did little more than defend themselves and each other as they were confronted and attacked by an unruly crowd of bar patrons. The Complainant was a large man and was clearly getting the better of the SO. He had thrown the officer to the floor as the SO was coming to the aid of a man under attack, and was striking him from up top. The SO, from ground-level, punched the Complainant but the blows were ineffective in thwarting the attack. The WO, responding to his partner’s request for help while still embroiled in an altercation with other males, managed to make it over to the Complainant and deliver a strike to the head. The force worked to the extent that the SO was able to free himself from the Complainant, who proceeded to leave the bar. Once outside the bar, it seems that the Complainant, now fully aware that he had been dealing with police officers, was cooperative and handcuffed without trouble. On this record, I am unable to reasonably conclude that the force used by the officers, which was commensurate and proportional to the force they were facing, was excessive in the circumstances.

It is unclear when exactly the Complainant suffered the lacerations for which he was treated at hospital. As there was broken glass on the floor from beer bottles that had been thrown, it is likely that the injuries were at least in part incurred inadvertently as the Complainant found himself on the floor engaged with the officers. It may also be that the Complainant, who had been involved in a physical altercation with bar patrons prior to the officers’ arrival, was already injured by the time he was tussling with the SO and WO. Be that as it may, there is no evidence that the officers slashed or stabbed the Complainant at any point or that their conduct was other than lawful throughout their interaction with him. Accordingly, there is no basis for proceeding with criminal charges in this case and the file is closed.


Date: April 6, 2021

Electronically approved by

Joseph Martino
Director
Special Investigations Unit