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 injury a 42-year-old man (the “Complainant”) suffered during an interaction with police.

Notification of the SIU

On May 26, 2021, the London Police Service (LPS) notified the SIU of an injury to the Complainant.

LPS advised that on May 25, 2021, at 9:16 a.m., at High Street and Front Street, the Complainant was arrested for possession of a weapon for a dangerous purpose by the Subject Official (SO). The SO had drawn his Conducted Energy Weapon (CEW) but did not discharge it. There was a struggle and, when Witness Official (WO) #1 and WO #2 arrived, the Complainant had already been subdued. The Complainant was taken to London Health Sciences Centre, Victoria Hospital where he refused treatment but was formed under the Mental Health Act. The Complainant was released from police custody at the hospital on an Appearance Notice. On May 26, 2021, at 12:45 p.m., a message was left for police by the hospital indicating that the Complainant had suffered a fractured right hip.

The Team

Date and time team dispatched: 05/27/2021 at 7:31 a.m.

Date and time SIU arrived on scene: 05/27/2021 at 8:20 a.m.

Number of SIU Investigators assigned: 4
Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

42-year-old male, declined to provide interview

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on May 27, 2021.

Subject Official

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

Witness Officials

WO #1 Interviewed
WO #2 Interviewed

The witness officials were interviewed on June 2, 2021.

The Scene

This incident occurred in the area of the northwest corner of the intersection of Grand Avenue and High Street, London. There was no scene examination carried out.

Video/Audio/Photographic Evidence

911 Call to the LPS

A man [now known to have been the CW] called 911 requesting the police. He advised the operator that there was a man [now known to have been the Complainant] sitting on a concrete block at the corner of Front Street and High Street. The Complainant appeared to be in his fifties with no shirt on and was waving a steak knife in the air. The 911 operator advised that if something should change to call back.

• General Occurrence Report;

• Communication Recordings;

• Narrative-WO #2;

• Memo Book Notes – WO #1;

• Narrative-WO #1;

• Memo Book Notes – WO #2;

• Memo Book Notes – the SO;

• Narrative-the SO;

• Photograph of Knife;

• Procedure-Arrest; and

• Procedure-Use of Force.

The material events in question are clear on the evidence collected by the SIU, which included interviews with two witness officers who observed and took part in the arrest of the Complainant. As was his legal right, the SO chose not to interview with the SIU. He did authorize the release of his notes.

In the morning of May 25, 2021, a concerned citizen contacted police to report a man behaving strangely and waving a steak knife in the air. The man was the Complainant. He was in the area of High Street and Front Street at the time. Police officers were dispatched to investigate.

Shortly after 9:00 a.m., the SO located the Complainant at the northwest corner of High Street and Grand Avenue. The officer parked his cruiser across the sidewalk in front of a convenience store, exited and confronted the Complainant. The Complainant, his right hand in a right pant pocket, refused to show his hands when directed by the SO. He ignored the officer and walked towards High Street.

The SO followed the Complainant from behind and told him to stop as he was under arrest. When he did not do so, the officer considered using his CEW but decided against its deployment fearing it could cause injury given the knife he suspected was in the Complainant’s pocket. Instead, the SO closed the distance to the Complainant and kicked out his right leg from under him. The Complainant was felled from the kick and landed on High Street, a short distance north of Grand Avenue.

Shortly after the takedown, the Complainant was handcuffed with the assistance of WO #2 and WO #1, who were on scene at the time. The Complainant immediately complained of pain to his right hip, and an ambulance was called.

The Complainant was taken from the scene to hospital where he was held for a mental health assessment and diagnosed with a fractured right hip.

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 May 25, 2021, the Complainant suffered a serious injury in the course of his arrest in London by an LPS officer. The 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. I am satisfied that the SO was proceeding lawfully to arrest the Complainant for being in possession of a weapon dangerous to the public. Moments earlier, he had been seen waving a knife in the air and acting oddly, and he had failed to show his hands when directed by the officer.

I am further satisfied that the force used by the SO was reasonably necessary in aid of the Complainant’s arrest. The officer had reason to fear that the Complainant still had a knife in his possession, and he was refusing to remove his hands from his pockets. In the circumstances, the officer acted sensibly in moving to take the Complainant to the ground as quickly as possible without having to engage him in a wrestling match first, which would have increased the risk of injury in the event the Complainant did have a knife. The kick delivered by the officer accomplished that objective in a fashion that was proportionate to the situation at hand. As it turned out, the Complainant did, in fact, have a knife in his right pocket, which was seized by the officers in a search following his arrest.

In the result, while it is unfortunate that the Complainant’s right hip was broken in the takedown performed by the SO, I am satisfied that the force used by the officer was legally justified. Accordingly, there is no basis for proceeding with criminal charges against the SO, and the file is closed.


Date: September 22, 2021

Electronically approved by

Joseph Martino
Director
Special Investigations Unit