Director's Report Details

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person. 
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault. 
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person. 
• Information that discloses investigative techniques or procedures.  
• Information, the release of which is prohibited or restricted by law.  
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published. 

Freedom of Information and Protection of Privacy Act

Pursuant to section14 (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 that 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 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following: 

• The names of persons, including civilian witnesses, and subject and witness officials; 
• 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

Pursuant to this legislation, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may also have 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 Team

Date and time team dispatched: 06/15/2022 at 9:02 a.m.

Date and time SIU arrived on scene: 06/15/2022 at 9:18 a.m.

Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 0

 

Affected Person (aka “Complainant”):

43-year-old male; interviewed; medical records obtained and reviewed

The Complainant was interviewed on June 23, 2022.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on June 24, 2022.

 

Subject Official (SO)

SO Interviewed, but declined to submit notes, as is the subject official’s legal right

The subject official was interviewed on July 7, 2022.

Witness Officials (WO)

WO #1 Interviewed
WO #2 Interviewed

The witness officials were interviewed between June 20 and 29, 2022.

911 Call

On June 14, 2022, a woman called police to report her ex-boyfriend [now known to be the Complainant], who was bound by a no-contact order stemming from an incident on June 5, 2022, was going to be at her residence in ten to 15 minutes to drop off her belongings. She believed the Complainant had been drinking and indicated that he had a history of being physically aggressive with her. She also provided descriptions of the vehicles the Complainant might be operating. The Complainant told her he did not care if she called police. She had her child and a friend in the apartment with her.

 

Radio Transmissions

WO #2 advised that the Complainant had been located and was under arrest.

The SO requested Emergency Medical Services (EMS) for a dislocated shoulder.

WO #2 requested the Complainant’s ex-girlfriend be notified of the Complainant’s apprehension.

WO #2 requested a patrol sergeant attend the scene.

WO #2 radioed that the Complainant was complaining of a dislocated shoulder and broken leg.

WO #2 radioed that the Complainant had failed an Approved Screening Device (ASD) test, and requested a tow truck and a breath technician.

WO #2 requested an update on EMS attendance. The dispatcher advised EMS had the call in the queue but it had not yet been dispatched as there were no available ambulances.

The SO cancelled EMS as the Complainant was being transported to hospital in a police vehicle.

Surveillance Video from the Restaurant

On June 16, 2022, the YRP provided the SIU a copy of the surveillance video from the restaurant where the Complainant was arrested. The surveillance footage, which was date and time-stamped, captured the parking lot and some of the events that transpired therein. The following is a summary of the footage.

On June 14, 2022, at 6:59:59 p.m., the video began.

At 7:22:57 p.m., the Complainant walked away from a Nissan towards the rear door of the restaurant.

At 7:23:08 p.m., the Complainant went out of camera view.

At 7:23:28 p.m., a male uniformed police officer – WO #2 - followed by a second male uniformed police officer – the SO - walked towards the rear door of the restaurant. The SO, positioned left of camera view, and WO #2, positioned right of camera view, stood outside the rear door, appearing to speak to someone not in camera view.

At 7:24:10 p.m., WO #2 and the SO moved closer to the open door and made physical contact with the Complainant. The SO, who moved to a position behind the Complainant, grabbed the Complainant’s left wrist with his left hand and the Complainant’s left bicep with his right hand, and attempted to maneuver his arm behind his back. WO #2, who also moved to a position behind the Complainant on the right, attempted to apply a handcuff on the Complainant’s right wrist. The Complainant pulled his left arm away, making it difficult for his arm to be moved behind his back. WO #2 was successful at applying a handcuff on the Complainant’s right wrist.

At 7:24:28 hrs, the SO placed his right leg in front of the Complainant’s left leg and used his right hand on the Complainant’s right shoulder to take him to the ground. The Complainant landed on the asphalt ground on his left hand, with WO #2 holding the right handcuff. The SO lost his balance when his right leg became stuck under the Complainant and briefly lost physical control.

WO #2 mounted the Complainant’s lower back as the SO physically re-engaged with the Complainant by placing his right hand on the Complainant’s head momentarily before using both his arms to maneuver the Complainant’s left arm towards his back for WO #2 to complete the handcuffing process. WO #2 dismounted the Complainant’s lower back after securing the Complainant’s hands in handcuffs behind his back. The SO appeared to use his portable radio.

At 7:25:19 p.m., WO #2 and the SO conducted a pat down search of the Complainant. A set of keys, wallet, and pill container were removed from the Complainant’s pocket.

At 7:35:28 p.m., the left handcuff was removed by WO #2, and the Complainant rolled himself over and used his right hand to push himself up into a seated position.

At 7:35:49 p.m., WO #2 offered his right hand to assist the Complainant up to his feet while the SO braced his back with his hand. While WO #2 was still holding his right hand, the Complainant’s left leg buckled after he took a step to his left and attempted to put weight on it. The Complainant immediately fell to the ground, where he laid on his left side, and WO #2 disengaged.

At 7:36:13 p.m., the SO handcuffed the Complainant’s hands to the front of his body. He remained on his back on the ground.

At 7:43:32 p.m., WO #2 approached the Nissan and returned with a can, which the SO gripped with his hands before WO #2 approached the Complainant and placed the can against the Complainant’s right arm.

At 7:48:16 p.m., a marked SUV pulled into the parking lot and parked facing north.

At 7:53:02 p.m., the SO entered the rear door of the restaurant and went out of camera view.

At 7:53:31 p.m., a male uniformed police officer – WO #1 - approached the Complainant. He appeared to be conversing with WO #2.

At 7:58:12 p.m., the SO exited the rear door of the restaurant.

At 7:59:59 p.m., the video recording ended with the SO and WO #2, and WO #1, standing around the Complainant, who remained on his back in the parking lot.

In-car Camera System (ICCS) Footage – WO #2

On June 16, 2022, the YRP provided a copy of the ICCS footage from WO #2’s police vehicle. The footage were date and time-stamped in the Universal Time Code (UTC), which was four hours ahead of Eastern Daylight Time (EDT). The time-stamps referenced below are in EDT. The following is a summary of the footage from the camera mounted on the dashboard, with a view through the front windshield.

At 7:29:36 p.m., the video began. WO #2 moved his police vehicle from the parking lot of the Complainant’s ex-girlfriend’s apartment building to the rear parking lot of a restaurant, where he parked facing north. The Complainant was lying on his left side on the asphalt ground, with his hands handcuffed behind his back, in the company of the SO. The Nissan was parked to the west, on the left side of the camera view.

At 7:31:17 P.M., WO #2 placed a set of keys, wallet, and a pill container on the hood of his police vehicle.

At 7:35:17 p.m., WO #2 uncuffed the Complainant so that he and the SO could assist him to his feet. After WO #2 offered his right hand, the Complainant’s left leg buckled when he attempted to take a step to his left and was unable to put weight on his left leg. The Complainant immediately fell to the ground onto his buttocks, then rested on his left side.

At 7:38:41 p.m., the SO administer an ASD test and held the results towards the front facing camera; the results were unintelligible.

At 7:42:03 p.m., WO #2 requested an additional unit to escort the tow truck and inquired about the arrival of EMS.

At 7:43:26 p.m., WO #2 unlocked the Nissan with the keys and entered the driver’s seat before placing two beer cans on the roof. WO #2 approached the SO with one of the cans, which he held before WO #2 placed the can against the Complainant’s right arm.

At 7:44:14 p.m., dispatch advised that EMS did not have any ambulances available.

At 7:48:17 p.m., a marked SUV parked behind the Nissan, facing north. A male uniformed police officer – WO #1 - exited and walked towards the Nissan. He lifted one of the beer cans on the roof before returning to his vehicle. WO #2 approached WO #1, and they appeared to be speaking through the window.

At 7:51:29 p.m., WO #1 spoke with WO #2 and the SO.

At 7:53:03 p.m., the SO entered the rear door of the restaurant.

At 7:58:11 p.m., the SO exited the restaurant.

At 8:01:13 p.m., WO #2 radioed that the Complainant was in custody for breaching conditions and impaired driving.

At 8:04:22 p.m., WO #1 entered the restaurant and returned with a chair, which he placed next to the Complainant, who remained on the ground.

At 8:14:35 p.m., WO #1 began to take photographs of the cans atop the roof of the Nissan.

At 8:19:48 p.m., a man wearing a T-shirt and shorts [believed to be a tow truck operator] walked towards the Nissan and reversed it out from its spot and out of camera view.

At 8:32:37 p.m., WO #2 placed the Complainant’s personal belongings in an evidence bag. WO #2 moved his police vehicle closer to the Complainant’s location. The Complainant was moaning and yelling profanities as the SO and WO #2 assisted him into the rear of WO #2’s police vehicle.
At 8:40:20 p.m., WO #2 departed the parking lot of the restaurant. During the transport, the Complainant complained of pain.

At 8:46:02 p.m., WO #2 arrived at the emergency entrance of SRHC. The SO and WO #2 assisted the Complainant into a wheelchair. The Complainant continued to complain of pain.

WO #2’s vehicle remained idle near Davis Drive, where it remained for the duration of the recording. At 11:29:36 p.m., the video ended.

ICCS Footage – Officer #1

This video did not contain any information of investigative value.

ICCS Footage – Officer #2

This video did not contain any information of investigative value.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the YRP between June 16, 2022, and August 9, 2022:

• Communications recordings;
• Certificate of Qualified Technician (Intoxilyzer);
• Detailed Call Summary;
• General Occurrence Report;
• Initial Officer Report;
• Intoxilyzer Records- the Complainant;
• Involved Officers;
• Notes - WO #1;
• Notes - WO #2;
• Show Cause Report- the Complainant;
• Undertaking - the Complainant;
• Procedure - Communications;
• Procedure - Processing the Offender- Arrest, Provincial Offences and Release;
• Procedure - Impaired Operation and 80 Plus Investigations;
• Procedure - Use of Force;
• Procedure - ICCS;
• ICCS footage - WO #2;
• ICCS footage - Officer #1;
• ICCS footage - Officer #2;
• Scenes of Crime Officer photographs;
• Statement of a Witness - the Complainant’s ex-girlfriend; and
• Surveillance video footage from the restaurant.

Materials Obtained from Other Sources

The SIU obtained and reviewed the following records from other sources:

• Medical Records-SRHC

25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.