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 discharge of a firearm by the police at a 28-year-old man (the “Complainant”).

Notification of the SIU

On June 11, 2022, at 6:11 a.m., the Ontario Provincial Police (OPP) notified the SIU that a firearm had been discharged at the Complainant.

The Scene

On June 11, 2022, at 11:05 a.m., a SIU forensic investigator arrived at the scene - a residence in Penetanguishene.

Inside the side entrance door were stairs, which led to the basement. At the top of the stairs was a clear police shield, three ARWEN cartridges and one ARWEN projectile. Two additional ARWEN projectiles were found on the stairs. There was also evidence that a Controlled Energy Weapon (CEW) had been discharged at this location because a blast door, Anti-felon Identification Disks (AFID), and internal plastic pieces were located on the stairs.

The basement had a family room that was directly off the sliding glass doors that led to the rear yard. Just beyond the family room was a bedroom where a fire originated. The box spring and mattress at the foot of the bed were charred. A propane-type torch was on the floor at the foot of the bed.

There was one ARWEN cartridge case and one CEW probe found on the family room floor. Outside the sliding doors, the bedroom door was found. There were blood smears and a small burn area to the inside of the bedroom door. Two more ARWEN cartridge cases and two ARWEN projectiles were found outside the sliding doors. Two deployed CEW cartridge cases were located, and one probe was still attached to the wire end. Another CEW probe was also discovered at this location.

An SIU forensic investigator photographed the scene.

Physical Evidence

Physical evidence found and collected at the scene included six ARWEN cartridge cases, six ARWEN projectiles, two CEW cartridge cases, and CEW debris, wires and AFIDs.


Figure 1 – CEW wires


Figure 2 – CEW cartridge case


Figure 3 – CEW


Figure 4 – ARWEN


Figure 5 – ARWEN cartridges


Figure 6 – ARWEN projectile

Forensic Evidence

CEWs and Downloads

On June 13, 2022, a SIU forensic investigator attended the South Georgian Bay OPP Detachment, and met with WO #1. The officer provided his CEW, which was a TASER Model X2. WO #1 provided one discharged cartridge case, which he had removed from the CEW.

The CEW activity log was downloaded. The data indicated that at 1:40:13 a.m., [1] cartridge 1 was deployed for 5 seconds. At 1:40:26 a.m., cartridge 1 was re-activated for 5 seconds, at 1:40:35 a.m., cartridge 1 was re-activated for another 5 seconds, and, at 1:40:46 a.m., cartridge 1 was re-activated for another 2 seconds.

The CEW was put on safe and cartridge 1 was replaced by a new cartridge, which was placed in the same bay and therefore still named cartridge 1. The new cartridge 1 was deployed for 5 seconds at 5:42:17 a.m.

At 5:42:24 a.m., cartridge 2 was deployed for 11 seconds.

In total, WO #1’s CEW deployed three separate cartridges.

SO #1 also provided his CEW - a TASER Model X2. The CEW was not loaded with any cartridge. The CEW activity log was downloaded. The data indicated that there were no trigger pulls or discharges of any cartridge during the time the incident occurred.

A third CEW was provided, which belonged to WO #4 – a Taser Model X2. It was loaded with two cartridges - one deployed and one not deployed. The data indicated that at 2:12:09 a.m., cartridge 1 was deployed for 5 seconds. At 2:12:15 a.m., cartridge 1 was re-activated for 2 seconds. At 2:45:37 a.m., cartridge 1 was replaced with a new cartridge in the same bay and, therefore, was still named cartridge 1. At 6:10:51 a.m., the new cartridge 1 was deployed for 10 seconds.

In total, WO #4’s CEW deployed two separate cartridges.

All the deployed CEW cartridges were collected as exhibits.

Video/Audio/Photographic Evidence [2]

A copy of the OPP communications audio was obtained along with a copy of a recording in which the CW spoke to her son.

A short cellular telephone video was obtained, which WO #1 recorded, depicting the inside of the bedroom as the incident progressed.

Crisis Negotiator communications recordings were also obtained from the OPP.

The evidence collected by the SIU, including interviews with one of the two subject officials – SO #2 – and other officers present at the time of the events in question, gives rise to the following scenario. As was his legal right, the other subject official – SO #1 – declined an interview with the SIU or to authorize the release of his notes.

The Complainant, who suffered from bipolar disorder and schizophrenia, lapsed into mental health crisis in the evening of June 10, 2022. He had been off his medication for a couple of weeks and smoking marijuana. The Complainant’s condition manifested in aggressive behaviour. When he assaulted his mother, she fled to a neighbour’s home and contacted police.

Police officers attended the Complainant’s home in Penetanguishene. From outside the residence, they called-out to the Complainant but received no response. They also tried calling and texting the Complainant but were unable to reach him. As the circumstances had developed into a potentially barricaded person situation, an ERT team and trained negotiators were deployed to the scene.

ERT officers, including SO #2 and SO #1, began arriving at the residence at about midnight. They surrounded the home and attempted to make contact with the Complainant without success. At about 1:30 a.m., concerned for the Complainant’s well-being given his state of mind, the CIC decided to have ERT enter the home.

SO #2 and SO #1, together with WO #1, WO #4, and WO #3, entered the residence. Not finding anyone on the main floor, the team re-formed at the top of a set of stairs leading to the basement. As the team was preparing to descend, the Complainant appeared at the bottom of the stairs and started to make his way up. SO #2 was at the front of the stack of officers with a shield, a step or two down the stairway. The Complainant made contact with the officer, punching and kicking at the shield. The officer reacted by kicking the Complainant as other officers fired their weapons. SO #1, from a position behind SO #2, fired three rounds from his ARWEN, as WO #1 discharged his CEW. The CEW deployment appeared to incapacitate the Complainant, who fell face first down the stairs. Once at the bottom of the stairs, the Complainant picked himself up and disappeared into the basement.

SO #1 provided SO #2 his ARWEN, and WO #4 exchanged CEWs with WO #1, after which the team made their way into the basement family room. The Complainant had retreated into a bedroom off of the family room. Within moments of the officers’ arrival, the Complainant opened the bedroom door and lobbed a paintball metal canister at WO #1. SO #2 reacted by firing the ARWEN in his possession – a single round that struck the Complainant in the abdomen. WO #1 also reacted, discharging the CEW in his possession at the Complainant. The Complainant fell and then slammed the bedroom door shut. The stand-off continued.

From outside the bedroom door, WO #1 attempted to communicate with the Complainant, assuring him the officers were there to help. Trained negotiators also attempted to open lines of communication with the Complainant. Those efforts were to no avail. At about 5:00 a.m., again concerned for the Complainant’s safety, the CIC decided the ERT should force entry into the bedroom. That decision was put on hold when the Complainant was heard from the bedroom to indicate that he needed some time but would soon exit.

At about 5:30 a.m., ERT members observed fire in the bedroom through a bedroom window. The Complainant had set fire to a chair. ERT officers breached the bedroom door and entered with fire extinguishers which they used to attempt to put out the fire. They could not immediately locate the Complainant and had to vacate the room because of the smoke. Firefighters subsequently entered the room and also exited without having seen the Complainant.

With the officers and firefighters in the family room, the Complainant emerged from the bedroom, charged at the firefighters, and ran in the direction of the open patio doors, which opened into the backyard. WO #1 and WO #4 fired their CEWs at about the same time as SO #2, from a position outside the patio doors, discharged his ARWEN twice at the Complainant. Both rounds struck the Complainant. The Complainant fell and was approached by officers who handcuffed him without further incident.

The Complainant was transported to hospital following his arrest and reportedly diagnosed with a fractured right elbow.

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,

Section 17, Mental Health Act -- Action by police officer

(a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself;

(b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or

(c) has shown or is showing a lack of competence to care for himself or herself,

(d) serious bodily harm to the person;

(e) serious bodily harm to another person; or

(f) serious physical impairment of the person,

On June 11, 2022, the Complainant was the subject of multiple ARWEN shots fired by OPP officers. The officers who discharged their weapons – SO #1 and SO #2 – were identified as the subject officials in the ensuing SIU investigation. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that either subject official committed a criminal offence in connection with the incident.