Director's Report Details

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person. 
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault. 
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person. 
• Information that discloses investigative techniques or procedures.  
• Information, the release of which is prohibited or restricted by law.  
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published. 

Freedom of Information and Protection of Privacy Act

Pursuant to section14 (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 that 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 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following: 

•  The names of persons, including civilian witnesses, and subject and witness officials; 
• 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

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

Other proceedings, processes, and investigations

Information may also have 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.

Electronic flares had been placed and medical equipment littered the road near the north curb. The flares had been placed next to spent cartridge cases. A box had been placed over the knife that was in its extended, or open position, on the north curb.




Figure 2 - The knife recovered at the scene.

Scene Diagram

Physical Evidence

The scene produced a dark-bladed, wood-handled knife, with an overall length of 20 centimetres. The blade measured 8.5 centimetres. The knife was of a type commonly referred to as a, “flick knife,” designed to be opened with one hand. An examination of the knife determined its surfaces were unsuitable for fingerprint enhancement.

The Complainant’s clothing included a black coat with defects located at its left pocket area, mid back - right of centre, and lower back - centre. Jeans with two defects on the front left leg. A sweater with defects at the left front, left side, and mid back - right of centre. The sweater held a bullet jacket fragment removed from the left front defect. A white T-shirt with two defects at the torso. The T-shirt was badly cut by EMS and impossible to properly place the position of the defects. Black nylon pants with defects of unknown placement for the same reason as the T-shirt. Partial pieces of a white sleeveless undershirt with a defect mid back. A second partial piece of that same undershirt with no defects, underwear with no defects, and socks with no defects.

Additional scene evidence collected included six spent cartridge casings found when the scene was processed.

The police firearms, their magazines and ammunition were collected from NRPS members at an NRPS facility:

SO #2’s service issued firearm was a Glock Model 22, .40 Calibre, semi-automatic pistol. The magazine extracted from that pistol was loaded with 11 live cartridges. One live cartridge was collected from the pistol’s breech. [1]




Figure 3 - SO #2's firearm.

SO #1’s service issued firearm was a Glock Model 22, .40 Calibre, semi-automatic pistol. The magazine extracted from that pistol was loaded with 11 live cartridges. One live cartridge was collected from the pistol’s breech. [2]




Figure 4 - SO #1's firearm.

Forensic Evidence

Delivered on January 5, 2021, the Centre of Forensic Sciences (CFS) accepted the six cartridge cases recovered from the scene for analysis, and both SO #1 and SO #2’s pistols and ammunition for appropriate comparisons. The firearms were also to be tested for general mechanical and function safety, as per their design.

The Complainant’s overcoat and jeans were accepted for Firearm Discharge Residue (FDR) testing with the understanding that if FDR was present, tests would be made to determine shot distances.

The CFS test results were not completed and therefore not available for consideration at the time this report was written.

Video/Audio/Photographic Evidence

The SIU searched for and/or obtained audio, video and/or photographic records of relevance, as set out below.

NRPS Communication Recordings and Computer-Assisted Dispatch (CAD) Report

The recordings beginning on December 25, 2020, at 1:42 a.m., captured one hour and 26 minutes of communication between police officers during the search for the Complainant, and the communications centre. The CAD report, created at 1:24:20 a.m., began with the report from the HPS that the Complainant had been involved in a domestic incident with his parents, during which he struck them, and fled, having told them he was going to kill himself. The Complainant had a cellular telephone HPS had been able to track with the assistance of the cellular provider.

At 1:43:00 a.m., WO #1 and an undesignated officer were dispatched to an address in St. Catherines for an, “assist other agency,” call to locate the Complainant. They were told the Complainant was suicidal and HPS had made attempts to stop his vehicle in their jurisdiction but the Complainant did not yield to their attempts and they did not initiate a pursuit. They were told his cellular telephone was being tracked and he may be armed with a knife; and, he was anti-police and had nothing to lose. He tried to break into a Shoppers Drug Mart, in Hamilton, but did not gain entry. A welfare check was requested and his last known location, on the QEW, was given.

At 1:45:45 a.m., WO #4 broadcasted that based on the information supplied from HPS he believed the interest in the Complainant was criminal in nature and not mental health related. He said there were no grounds to pursue the vehicle until details from HPS were clarified in a CPIC message.

At 1:50:03 a.m., the communications dispatcher updated WO #4 via the HPS that the Complainant had [a mental health disorder], was off his medications, said he was going to kill himself, had a history of attempted suicide, had a knife, and had been texting a friend threatening suicide.

At 1:53:00 a.m., the communications dispatcher told WO #4 that a ‘ping’ of the Complainant’s telephone placed him at a Shoppers Drug Mart, in Grimsby. The check at the Complainant’s residence was cancelled and police officers were dispatched to Grimsby.

At 1:58:30 a.m., the police officers dispatched to Grimsby, four officers including WO #2, were given what information the dispatch centre had and warned about the Complainant’s state of mind. A “glass break alarm,” was received from Shoppers Drug Mart and the results of a CPIC and Records Management System (RMS) query of the Complainant informing the police officers the Complainant had no warrants but had several ‘hits’ on the RMS system was broadcasted.

At 2:01:42 a.m., the dispatcher told WO #4 that the Complainant was armed with a knife and had fought with the police in the past. He had, earlier, refused to stop for HPS police officers.

At 2:02:42 a.m., the dispatcher broadcasted that HPS and the family had an open telephone line with the Complainant. He told them he had consumed some sort of sedative, had stolen from the Shoppers Drug Mart, and was headed home. Arrangements were made to have police officers waiting at his address.

At 2:06:00 a.m., police officers who went to the Shoppers Drug Mart and confirmed there had been an entry made to the business, but no vehicles remained. A vehicle was seen driving at a high rate of speed toward the QEW and Bartlett Road. A location check of the Complainant’s telephone put it on the QEW where other police officers had seen it, Hamilton bound. The HPS and Ontario Provincial Police were notified.

At 2:11:00 a.m., the Complainant’s telephone was on Ontario Street, Beamsville, and police officers moved to that area.

At 2:16:00 a.m., a sergeant broadcasted that the Complainant’s vehicle was not to be pursued. His last known location was in the area of the Rexall pharmacy, on Ontario Street, in Beamsville.

At 2:25:00 a.m., an undesignated officer broadcasted that he had spotted the Complainant eastbound on King Street, at Maplegrove Road, Beamsville. WO #4 directed he not turn on his emergency lights but maintain visual contact while a plan was developed.

At 2:33 a.m., the communications dispatcher updated the Complainant’s location as eastbound, on King Street, at Nineteenth Avenue, Jordan.

At 2:38 a.m., the communications dispatcher broadcasted that, through HPS, the Complainant was believed to have pulled over and stopped. His cellular telephone indicated he was on McKenzie Drive, south of King Street. WO #5 followed the Complainant as he travelled northbound, then east, on King Street. The NRPS duty officer ordered the Complainant was not to be pursued.

At 2:42 a.m., WO #4 asked permission to deploy stop sticks east of the Complainant’s location and WO #1 was tasked with that action. WO #4 detailed a unit to come from behind the Complainant if he passed him, but not to stop him.
At 2:45 a.m., SO #1 and WO #3 broadcasted that the Complainant, alone in his vehicle, passed them and was approaching WO #4’s location. Information was broadcasted that the Complainant passed over the stop sticks and that caused him to slow to 60 km/h and affected his ability to properly steer his vehicle. WO #4 was 100 metres behind the Complainant.

At 2:48 a.m., WO #4 broadcasted that the Complainant’s vehicle had come to a stop just east of Vansickle Road, on St. Paul Street West. WO #4 was going to wait for other police officers to arrive before he exited his vehicle. At 2:48:15 a.m., WO #4 broadcasted, “He is out of the car.” The dispatcher reminded WO #4 that the Complainant had a knife and WO #4 responded that the Complainant was screaming at him. SO #1 and WO #3 broadcasted they were approaching WO #4.

At 2:48:35 a.m., SO #2 arrived to assist WO #4 who, at 2:48:40 a.m., broadcasted, “Yeah, he wants to fight guys.” Six seconds later, WO #4 broadcasted, “Yeah, he is reaching, he has something out guys.” An unknown voice in the background was heard to say, “Don’t move,” as WO #4 broadcasted, “Shots fired communications dispatcher, shots fired. Communications dispatcher, copy? Shots fired.” Voices spoke at a normal volume in the background as WO #4 broadcasted, “We’ve got a male, we’ve got him now.” The communications dispatcher asked, “who’ve got him now WO #4?” WO #4 responded, “Yeah we do.” The communications dispatcher asked, “Do you need a [ambulance] there?” And WO #4 replied, “Absolutely.” The communications dispatcher asked, “Anyone injured?” WO #4 replied, “Yeah I believe he had been hit a couple of times SO #1 and WO #3 broadcasted, “We’ve got him in cuffs here. We need a [ambulance] here, artery bleed in the left femur, have the [ambulance] step it up. Tourniquet is applied.” WO #4 broadcasted, “He is losing a lot of blood.”

At 2:52 a.m., an undesignated officer arrived and set up a wide perimeter.

The ambulance arrived at 2:55 a.m., and left, with the Complainant on board, at 3:01 a.m.

Video Recordings

The SIU received three pieces of video collected by NRPS, on January 11, 2021. One of those pieces included audio. They captured events recorded at three locations on December 25, 2020:

Strada Boulevard, St. Catharines

A home located near the scene. The home was equipped with an audio/video surveillance system. Because of the location of the home in question, there was no visual record of the events. There was, however, audio of the incident.

The footage was unremarkable until 2:49:14 a.m., when two (presumed) gun shots were heard. At 2:49:19 a.m., four more (presumed) gun shots were heard. At 2:53:04 a.m., the flashing lights associated with an emergency vehicle were evident to the right of the camera’s view, towards St. Paul Street West.

St. Paul Street West, St. Catharines

A commercial business at the scene. The surveillance system associated to the property offered no audio component nor did it capture the shooting. It did show the Complainant as he drove his vehicle past the property, followed by NRPS members, his vehicle’s tires having already been disabled by stop sticks, mere moments before the shooting. The camera’s view captured a parking lot and St. Paul Street West.

At 2:48:05 a.m., the Complainant’s vehicle drove into and through the camera’s view. At 2:48:08 a.m., WO #4’s police vehicle followed. No emergency vehicle lights were activated on the police vehicle. At 2:49:02 a.m., four more police vehicles through the camera’s view all with their emergency vehicle lights activated.

St. Andrew Avenue, Grimsby, Shoppers Drug Mart

This video had no audio component. It captured the Complainant’s actions in the store after he broke into and entered it between approximately 1:50:03 a.m. and 1:54:35 a.m.

Materials Obtained from Police Service

The SIU obtained the following records from the NRPS on January 11, 2021:

• Notes of SO #1, WO #2 and WO #5;
• CAD report;
• NRPS Disclosure Letter-2021-01-11;
• NRPS Incident File;
• NRPS Mobile Data Terminal -Officer Activity;
• NRPS Training Summary – SO #1 and SO #2;
• Communication recordings;
• NRPS-General Orders-Suspect Apprehension Pursuits and Use of Force; and
• Canadian Firearm Program records.

Materials Obtained from Other Sources

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

• Home surveillance video; and
• Business surveillance video.

The officers on scene provided first aid to the Complainant after the shooting. He was losing blood from what appeared to be a gunshot wound of the upper left leg. Two tourniquets were applied, which stemmed the bleeding.

Paramedics arrived on scene and took over the Complainant’s care. He was transported to hospital and treated for his injuries. As the Complainant did not authorize the release of his medical records, it is unknown with any certainty exactly how many gunshot wounds he sustained or the nature and extent of his injuries.

34 (1) A person is not guilty of an offence if

(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors: