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 an injury a 30-year-old woman (the “Complainant”) suffered.

Notification of the SIU

On October 20, 2020, at 11:22 a.m., the Brantford Police Service (BPS) notified the SIU of an injury to the Complainant. BPS advised that on October 20, 2020, at 1:49 a.m., BPS police officers, Witness Officer (WO) #1 and the Subject Officer (SO), attended a residence for a domestic incident. The Complainant and her boyfriend, the Civilian Witness (CW), had argued and both were to be arrested and charged for domestic assault. The CW was to be released on an Appearance Notice and the Complainant was to be held because she was intoxicated. During her arrest, the Complainant actively resisted. The Complainant was taken to the station where she was held in cells. Later in the morning, the Complainant complained of a sore wrist and was taken to Brantford General Hospital. She was diagnosed with a fractured right wrist. The wrist was placed in a cast, and the Complainant was later released on a judicial release order.

The Team

Number of SIU Investigators assigned: 2
Number of SIU Forensic Investigators assigned: 0

The Scene

The scene was located at the CW’s residence in Brantford.

Physical Evidence

The Sally Port Video

The SO entered the sally port at 2:43 a.m. and waited outside his cruiser. The Complainant remained in the back seat still handcuffed. She was removed from the backseat at 3:12 a.m. 

The material events are clear and may be summarized in short order based on the evidence collected by the SIU, which included interviews with the Complainant, one of the two arresting officers, and a civilian eyewitness. In the early morning on October 20, 2020, the SO and WO #1 arrived at the CW’s residence in relation to a domestic disturbance. The Complainant had contacted police to report that she had been assaulted by her partner – the CW – and she wanted him removed from the residence.

The police officers spoke with the Complainant and the CW, took note of an injury to the CW’s face, sought advice from a senior officer off-site, and decided to arrest both parties for assault. The Complainant was handcuffed with her arms behind her back by the SO. The CW was arrested but released on a Promise to Appear.

The Complainant was escorted from the home and placed in the back of WO #1’s cruiser. When she complained of pain in her wrist, WO #1 checked on the handcuffs and assured herself that they were not overly tight.

At the police station, the Complainant refused to cooperate in the booking process and objected to being searched, necessitating the intervention of WO #2 and the SO, but did not complain of any injuries until after she was lodged in a cell.

The Complainant attended hospital later that morning and was diagnosed with a fractured right wrist.

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 20, 2020, the Complainant was diagnosed with a fractured right wrist following her arrest by BPS officers. The SO was one of the arresting officers and 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 injury.

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 authorized or required to do by law. I accept that the SO was in the execution of his lawful duties when he decided to arrest the Complainant and place her in handcuffs. Given the information that had come in on the 911 call and what he and WO #1 had gathered in their investigation at the scene, it seems there were reasonable grounds to believe that the Complainant had committed an assault.
Thereafter, aside from what minimal force might have been necessary to take hold of the Complainant, bring her arms around her back and secure her in handcuffs, the evidence indicates that the arrest process was uneventful. The Complainant did not resist being handcuffed and the SO seems to have had no difficulties in applying the restraints. Indeed, by her own admission, the Complainant is unsure how she came to be injured, albeit it must be noted that she was inebriated at the time. There is evidence that a measure of force was used at the station to control the Complainant when she objected to being searched, but it is clear that her injury was inflicted either before or at the time of her arrest given her complaint of wrist pain in the cruiser at the scene. This leaves open the possibility that the Complainant’s injury occurred prior to the arrival of the officers, perhaps in the course of her physical altercation with the CW.

In the result, whether or not the Complainant’s injury occurred as she was being arrested and handcuffed by the SO, there is insufficient evidence to reasonably conclude that the officer acted unlawfully in taking her into custody or otherwise used excessive force to effect his purpose. Accordingly, there is no basis for proceeding with criminal charges in this case and the file is closed.