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 death of a 27-year-old man (the “Complainant”).

Notification of the SIU

On February 23, 2022, at 6:39 p.m., the Hamilton Police Service (HPS) contacted the SIU with the following information.

The Scene

The incident occurred on Strathearne Place, a street in the vicinity of the John C. Munroe Hamilton International Airport with an east/west bearing.

This was a residential area with single-family residences on both sides of the roadway. There were mounds of pushed snow on the edges of the roadway with overhead streetlights on the south side of the roadway. The west end of the roadway terminated in a cul-de-sac. The weather was clear and cold, and the roadway was dry.

Numerous involved and uninvolved vehicles were contained in the scene including vehicles operated by the SO, WO #1 and WO #2, a Kia, a Chevrolet Silverado pickup truck, and a Hyundai sport utility vehicle (SUV).

A four-door Chevrolet Cavalier was oriented in a northeast direction and north of the roadway in a cluster of trees. The vehicle had struck multiple trees before coming to a stop overtop of some of the resultant tree stumps. The driver’s door was open, and its window appeared to have been shattered. There was an apparent scuff on the exterior of the driver’s door. The left rear door was closed with an apparent scuff mark on the lower exterior portion of the door. Articles of clothing and medical debris were littered on the ground outside of the open driver’s door and blood staining was visible on the ground at the open driver’s door.

A defect was noted on the front driver’s side windshield area. There was considerable front end collision damage to the vehicle, the front passenger door was open, and the right rear door was partially open. Tire marks in the snow on the north side of the roadway headed in a northeast direction from the roadway to the Cavalier.


Figure 1 – Resting position of the Cavalier


Figure 2 – The scene with a view east on Strathearne Place

Scene Diagram

Physical Evidence

The following significant pieces of physical evidence were collected during the investigation:

• A Glock .40 calibre pistol, issued to the SO with one chambered .40 calibre cartridge;
• Three .40 calibre pistol magazines inclusive of the magazine in the SO’s pistol, and the associated 40 calibre cartridges;
• One .40 calibre cartridge case [slightly damaged] located on the westbound lane of Strathearne Place west of the tire marks leading off the north side of the roadway;
• One .40 calibre cartridge case located on the eastbound lane of Strathearne Place northwest of the Kia;
• A glass fragment from the westbound lane of Strathearne Place furthest west of the scene, two glass fragments south of the north curb, and one glass fragment from the westbound lane of Strathearne Place furthest east of the scene;
• Articles of blood-soaked clothing near the driver’s door of the Cavalier;
• One projectile from the Complainant’s thoracic spine area;
• One projectile fragment from the Complainant’s thoracic spine area;
• One projectile from the driver’s seat cushion of the Cavalier;
• One hooded sweater removed from the Complainant;
• One piece of foil with white residue from the hooded sweater removed from the Complainant; and
• One cellphone.

Figure 3 – The SO’s firearm


Figure 4 – The SO’s duty magazine


Figure 5 – Bullet hole in the Cavalier’s front windshield

Forensic Evidence

Centre of Forensic Science (CFS) Submissions and Results

On March 28, 2022, the SIU requested that the CFS examine the two projectiles discharged by the SO for possible glass in order to assess whether either of the projectiles damaged the driver's side window and/or the vehicle’s windshield, or if they were damaged some other way.

The SIU further requested that the CFS examine the outer garment - a hooded sweater - worn by the Complainant at the time of the incident for firearm discharge residue, and the SO’s pistol, magazine and ammunition for their functionality and compliance with Ontario Regulation 926/90.

On April 14, 2022, the CFS Chemistry Section reported that no glass was identified on the projectiles.

On July 13, 2022, the CFS Firearms & Toolmarks Section reported that the cartridge cases recovered at the scene had been fired from the SO’s firearm, and there was no firearm discharge residue on the sweater.

Video/Audio/Photographic Evidence [2]

Closed-circuit Television (CCTV) Footage from a Residence

The SIU searched for and obtained video footage from a residence. The footage was digitally enhanced. It is summarized below.

On February 23, 2022, at marker 0:05:46 on the video, a Kia drove westbound on Strathearne Place, turned around at the dead-end and drove eastbound out of sight.

At marker 0:20:43, a HPS Ford Explorer SUV came slowly westbound on Strathearne Place, passed by a Cavalier and a black Chevrolet Silverado pickup truck with two snowmobiles on the back, and pulled into the driveway of a residence. The operator of the HPS SUV [now known to be the SO] reversed his Ford Explorer, and then pulled up beside the Cavalier and came to a stop.

At marker 0:21:19, the SO got out of the Ford Explorer and walked out of sight in front of his police vehicle. The SO was next depicted at the front left corner of the Cavalier. The reverse light on the left rear corner of the Cavalier illuminated.

Beginning at marker 0:21:43, the following words were yelled by the SO and recorded on the audio.

I…
Police don’t move.

The reverse light on the Cavalier was disengaged.

Don’t do it!
I’ll shoot you!
I will shoot. Get out!
Turn it off now!
Turn it off!
Turn it off!
Shut it off!
Shut it off!

The Cavalier began to move forward.

I will fucking shoot you man!
I will get …

The Cavalier came to a stop.

Don’t make me do it!
Don’t make me do it!
Don’t make me do it!
I’m going to fuckin get!
I’ll shoot you right now!
Turn it off!
Turn it off!
Turn it off, I’ll fuckin!
Don’t make me do it man!
Don’t make me do this!

At marker 0:22:18, the headlights of a HPS Ford Explorer [now known to be the vehicle operated by WO #1 and WO #2] indicated it was travelling westbound in the eastbound lane.

Don’t make me do this!

At marker 0:22:20, the headlights were no longer seen as the Ford Explorer was positioned nose-to-nose with the Kia in front of a residence on Strathearne Place.

Turn it off!
Turn it off now!

At marker 0:22:24, a police officer [now known to be WO #1] got out of her police vehicle and was near the middle of the road. At the same time, the Cavalier moved forward as it began to leave its parking spot.

At marker 0:22:26, a single gunshot was heard. The left rear wheel of the Cavalier had just left the focal range of the camera, at the right front corner of the SO’s Ford Explorer, and the SO was immediately depicted by the left front corner of his Ford Explorer. WO #1 could not be seen.

About a second later, a second gunshot was heard. The SO was nearly in the middle of the westbound lane and positioned just behind the driver’s side window as the Cavalier travelled across Strathearne Place. The movements of the Cavalier and the SO were simultaneous. WO #1 began to run towards the Cavalier, which was then halfway off the road over a snowbank on the north side of Strathearne Place. The SO was running in the direction of the Cavalier and was depicted by the driver’s side rear wheel of the Cavalier.

At marker 0:22:29, the sound of the Cavalier striking a tree was recorded.

The evidence collected by the SIU, including interviews with several eyewitnesses and video footage that largely captured the incident, gives rise to the following scenario. As was his legal right, the SO chose not to interview with the SIU. He did authorize the release of his notes.

Section 34, Criminal Code -- Defence of person - Use or threat of force

(a) They believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person; 

(b) The act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

(c) The act committed is reasonable in the circumstances.

(a) the nature of the force or threat;

(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

(c) the person’s role in the incident;

(d) whether any party to the incident used or threatened to use a weapon; 

(e) the size, age, gender and physical capabilities of the parties to the incident;

(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

(f.1) any history of interaction or communication between the parties to the incident;

(g) the nature and proportionality of the person’s response to the use or threat of force; and 

(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

(3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

The Complainant passed away the evening of February 23, 2022, the result of gunshot wounds inflicted by a HPS officer. That officer – the SO – was identified as the subject official in the ensuing SIU investigation. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the death of the Complainant.