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.

 
Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on July 15, 2022.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on July 16, 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 September 1, 2022.

Witness Official (WO)

WO Interviewed

The witness official was interviewed on July 26, 2022.

 

HPS Radio Communications

The SO advised that an arrest had been made at Barton Street East and Kinrade Avenue. The SO requested an ambulance because the man [now known to be the Complainant] indicated that he had popped his shoulder out. It was confirmed that the plate on the Complainant’s vehicle was stolen.

 

Video Footage from Business

On July 16, 2022, the owner of the business advised that the camera system in use at their premises was old. Neither she nor her husband knew how to isolate and transfer the required footage. SIU investigators used an iPhone to record one minute, and 44 seconds of footage being played on the screen.

The camera was situated at the back of the business and pointed out to Kinrade Avenue.

At 12:47 a.m., on July 14, 2022, the back end of a black vehicle was captured. A second vehicle could be seen parked alongside the passenger side of the black vehicle

At 12:47:34 a.m., the Complainant walked into the parking lot and proceeded to the passenger side of the black vehicle.

At 12:47:40 a.m., the Complainant disappeared, and a white light was turned on from beyond the black car.

At 12:47:41 a.m., the Complainant ran back towards Kinrade Avenue. As he reached the back of the black car, his body was slightly bent forward, his right foot was on the ground and his left knee bent. A person was observed between the two cars with their right arm outstretched.

At 12:47:42 a.m., the Complainant took a step forward and his left knee was bent in the forward position while the right leg was extended backward. He began to lose his balance forward. The person observed chasing the Complainant had their right foot forward. They were very close to, but not touching the Complainant’s extended leg. The Complainant fell forward with his left shoulder tucked inward and made two complete rolls in the parking lot.

At 12:47:44 a.m., the Complainant was into his third roll as he went off screen onto the sidewalk. The person slowed down and attempted not to run onto the Complainant, as they disappeared off screen.

At 12:48:17 a.m., a man walked back towards the black car.

At 12:48:20 a.m., the man disappeared between the two cars.

At 12:48:43 a.m., the screen went black.

Video Footage - John Howard Society (JHS)

The camera was located on the northeast corner of the JHS building and overlooked the sidewalk, a portion of the parking lot, and the entrance to the parking lot behind the JHS. The footage imagery was consistent with the imagery captured by the camera at the business.

Materials Obtained from Police Service

Upon request, the SIU reviewed the following materials from the HPS between July 19 and 21, 2022:

• General Report;
• Communications recordings;
• Email with list of involved officers;
• Hamilton Subject Profile Report;
• Notes – the WO; and
• Event Chronology.

Materials Obtained from Other Sources

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

• Video footage – business;
• Video footage - JHS; and
• Medical Records - Hamilton Health Sciences.

In the early morning of July 14, 2022, the SO and WO, in plainclothes and unmarked cars, arrived in the area of Kinrade Avenue and Barton Street East to investigate a reportedly stolen vehicle. The vehicle – a Chevrolet Monte Carlo – was located in the parking lot behind the business at the southeast corner of the intersection.

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.

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 required or authorized to do by law.

Given what the SO knew of the reports of a stolen vehicle in the area of Kinrade Avenue and Barton Street East, information that was confirmed by police records checks, I am satisfied that the officer had lawful grounds to arrest the Complainant for being in possession of stolen property.

With respect to the force used by the SO, namely, taking a hold of the duffle bag strap and controlling the Complainant’s arms in the process of applying the handcuffs, this was clearly no more than was necessary to effect the Complainant’s arrest. As for the injury, the Complainant is alone responsible; he lost his footing trying to escape apprehension through no fault of the officer.

For the foregoing reasons, there are no grounds to believe that the SO comported himself other than lawfully in his dealings with the Complainant. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: November 10, 2022

Electronically approved by

Joseph Martino
Director
Special Investigations Unit