Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.

Special Investigations Unit Act, 2019

Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following: 

Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.

A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.

In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.

This report relates to the SIU’s investigation into the serious injury a 32-year-old man (the “Complainant”) suffered during an interaction with police.

Notification of the SIU
 

On February 12, at 5:50 p.m., the Hamilton Police Service (HPS) notified the SIU of the Complainant’s injury and provided the following information.

HPS officers responded to a domestic/person in crisis call for service on February 11, 2021, at 10:20 p.m., at the Complainant’s residence located on Grosvenor Avenue North in Hamilton. The Complainant was arrested for mischief and assault, and apprehended under the Mental Health Act (MHA). Five uniform police officers were involved in the arrest and subsequently transported him to St. Joseph’s Hospital (SJH). The Complainant was released on an undertaking with conditions at the hospital. At 11:10 a.m. of February 12, 2021, the Complainant returned to his residence and again was arrested by two police officers for breach of the undertaking from the previous evening. While being booked at the Central Station, the Complainant was asked about his hand, which had a bandage on it, and he advised that the police officers had injured it the night before. The Complainant was then taken to the Hamilton General Hospital (HGH) and diagnosed with a fractured right hand.

The Team
 

Date and time team dispatched:     02/12/2021 at 6:28 p.m.

Date and time SIU arrived on scene:     02/12/2021 at 6:30 p.m.

Number of SIU Investigators assigned:     3

Number of SIU Forensic Investigators assigned:     0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on February 12, 2021.

Civilian Witnesses (CW)
 

CW #1     Interviewed

CW #2     Interviewed

CW #3     Interviewed

The civilian witnesses were interviewed between February 16 and 17, 2021.

Subject Official (SO)
 

SO     Interviewed, and notes received and reviewed

The subject official was interviewed on February 25, 2021.

Witness Officials (WO)
 

WO #1     Interviewed

WO #2     Interviewed

WO #3     Interviewed

WO #4     Interviewed

WO #5     Interviewed

WO #6     Interviewed

WO #7     Interviewed

The witness officials were interviewed between February 16 and 22, 2021.

The Scene 
 

There were two scenes. The first was located at the Complainant’s residence on Grosvenor Avenue North in Hamilton. The house was a single dwelling unit divided into multiple rental apartments. The location of the incident was the garage at the side of the house, which had been converted into a rental apartment. There was a single large garage door at the front which did not appear to be functional and a single door at the rear leading into the backyard area.

The second scene was the second floor and surrounding property of a residence on Spadina Avenue.

Video/Audio/Photographic Evidence
 

911 and Police Communications Summary

The audio files provided to the SIU by the HPS on February 19, 2021 relating to the interaction between the Complainant and HPS officers on the evening of February 11, 2021, and the early morning of February 12, 2021, were reviewed.

At 10:15 p.m., a woman called HPS and requested that the police attend at a residence on Grosvenor Avenue North because she had received text messages from a woman, the Complainant’s girlfriend, regarding the Complainant threatening to kill himself by hanging. The caller said the Complainant’s parents were at the residence, but the Complainant had refused to leave with them.

At 10:27 p.m., the Complainant’s girlfriend called 911. She said the Complainant had smashed everything, there was glass all over, and she was hiding in the bedroom with the dog. Loud thumps and bangs were heard in the background. She expressed fear the Complainant was coming at her and that he had a knife in his waistband.

At 10:29 p.m., the Complainant’s girlfriend said the Complainant had gone outside. The call-taker told her that WO #1 and WO #2 were on the scene.
At 11:18 p.m., the Complainant’s father, CW #3, called 911. He said WO #1 and WO #2 had left about ten minutes prior to his call and that there had been a “serious escalation” and the Complainant was “destroying the house”. CW #3 said his wife was in the garage apartment with the Complainant, who was threatening people and had threatened to set fire to the apartment with a canister of butane. His son was out of control and fighting. Screaming and yelling could be heard in the background. CW #3 told the dispatcher that his son had just assaulted him and CW #2. The Complainant had just driven away in a black vehicle.

At 11:57 p.m., CW #1 called 911 and said the Complainant was on her front porch and his car was in her driveway.

At 11:59 p.m., the SO and WO #4 said they would respond to CW #1’s residence. The SO told WO #4 to block the Complainant’s vehicle when he parked.

At 12:10 a.m., WO #3 said he was with the SO and WO #4, and they had the Complainant in custody.

Booking Video Summary – Central Station

SIU investigators viewed the video provided to the SIU by the HPS on February 22, 2021 regarding the booking of the Complainant into custody on February 12, 2021.

At 2:04 p.m., the Complainant arrived in the sally port in WO #6’s police vehicle after having been arrested by WO #5 and WO #6 at the residence on Grosvenor Avenue North earlier, and then transported to the HGH, assessed, and released into the custody of WO #5 and WO #6.

At 2:51 p.m., WO #7 went out to the sally port and spoke to the Complainant who was still in the rear seat of the police vehicle. Though it was hard to hear, it sounded like the Complainant said to WO #7 that his wrist had been injured during his arrest the previous day and that he had been taken to a hospital to have his wrist treated.

At 3:02 p.m., the Complainant asked if he could get out of the police vehicle. WO #7 opened the door. WO #6 and WO #7 were standing back. The Complainant slowly got out of the vehicle. Nobody touched him until he stood briefly and then WO #6 pulled the Complainant’s winter jacket up over onto his shoulders.

At 3:05 p.m., the Complainant walked uneventfully into the hallway leading to the booking area with WO #6 holding his right arm.

At 3:12 p.m., in the booking area, there was discussion regarding the Complainant’s right hand, which was bandaged. The Complainant said a doctor at the first hospital told him his wrist was fractured. The Complainant said he put the bandage on himself. The Complainant said the doctor at the hospital he just came from did not look at his wrist. The Complainant unwrapped the bandage. WO #7 said he could see bruising and requested the Complainant be taken back to the HGH for a possible right wrist injury.

The Complainant was returned to the central booking station and it appeared the Complainant had a cast on his right wrist. After the booking process was completed, and when the Complainant was being led through the booking area towards the cell area, he fell to the ground though there did not appear to be any reason to do so. He was immediately assisted back to his feet and he continued to walk. The Complainant was lodged in a cell where he remained except for the purpose of his SIU interview.

Materials Obtained from Police Service 
 

Upon request, the SIU received the following materials and documents from the HPS between February 16 and 26, 2021:

• Arrest Reports (x2);
• Bail Form;
• Computer-assisted Dispatch Reports (x3);
• Canadian Detention Reports (x2);
• Domestic Violence Risk Management Report (x2);
• General Reports (x2);
• Notice to Victims of Crime;
• Person In Crisis Report;
• Release Order (x2);
• Witness Statements (x2);
• Undertaking;
• Use of Force Records;
• Narrative-WO #6;
• Narrative-WO #5;
• Notes-WO #3;
• Notes-WO #6;
• Notes-WO #7;
• Notes-WO #5;
• Notes-WO #2;
• Notes-the SO;
• Notes-WO #1;
• Notes-WO #4;
• Scenes of Crime Officer Photos:
• 911 Calls and Communication Recordings;
• HPS Central Booking Station Video; and
• Will Say-the SO.

Materials Obtained from Other Sources
 

The following records were obtained from other sources between March 2 and 3, 2021:

• Medical records for the Complainant from SJH; and
• Medical records for the Complainant from HGH.

The following scenario emerges from the evidence collected by the SIU, which included interviews with the Complainant, the SO, and several civilian and police eyewitnesses to the events in question.

At around midnight of February 12, 2021, the Complainant was arrested by the SO in the home of his aunt – CW #1 - on Spadina Avenue. The officer took the Complainant in his cruiser to hospital after his aunt expressed concern that he had fallen and hurt his ankle. The Complainant was diagnosed with a fractured right hand. He was subsequently released by police at hospital on certain conditions, including that he not re-attend at the apartment he shared with his girlfriend.

In the late evening of the day before, police had been called to the Complainant’s residence on Grosvenor Avenue North in relation to a domestic disturbance between the Complainant and his girlfriend. The Complainant was in mental distress and highly agitated. He had damaged parts of the residence and had caused his girlfriend to fear for her personal welfare. The Complainant’s girlfriend agreed to leave the home for the night and accompanied the officers to a hotel. Unassuaged, the Complainant continued to act up. He did further damage to the residence and assaulted his uncle. The SO, with WO #4 and WO #3, were dispatched to the residence only to find that the Complainant had left. The Complainant had driven to CW #1’s residence.

CW #1 called the police and alerted them to the Complainant’s presence in her home. WO #3, and the SO and WO #4, left the Grosvenor Avenue North address for the residence on Spadina Avenue, arriving at about 12:06 a.m. Within minutes, the Complainant was under arrest, placed in a police cruiser, and en route to the hospital.

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 February 12, 2021, the Complainant was arrested by HPS officers and subsequently taken to hospital where he was diagnosed with a serious injury. The arresting officer – the SO – was identified as the subject official 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. By the time the Complainant was taken into custody, he was clearly subject to arrest for mischief and assault based on what officers had ascertained of his combative behaviour and the damage he had done at the Grosvenor Avenue North residence.

Thereafter, aside from holding the Complainant as he was handcuffed and escorted to a police cruiser, there is no reliable evidence that the SO, or any of the involved officers, used any force in their dealings with the Complainant. The SO says that the arrest was entirely uneventful. He is supported in this regard by WO #4 and WO #3, present at the time, and the Complainant’s aunt – CW #1, none of whom saw any force employed against the Complainant.

At the end of the investigation, it remains unclear precisely when the Complainant suffered his fracture. Given the events that preceded his arrest, it is likely that the injury was self-inflicted as the Complainant broke objects within his residence. Be that as it may, as there are no grounds to believe that the SO acted other than lawfully throughout this affair, there is no basis for proceeding with charges in this case.


Date: June 9, 2021

Electronically approved by

Joseph Martino
Director
Special Investigations Unit