SIU Director’s Report - Case # 22-OOD-236
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Contents:
Mandate of the SIU
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.
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.
Information Restrictions
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:- 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 section 14 (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.
- 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.Mandate Engaged
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 36-year-old man (the “Complainant”).
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 36-year-old man (the “Complainant”).
The Investigation
Notification of the SIU
On September 13, 2022, at 11:16 a.m., the Sarnia Police Service (SPS) contacted the SIU with the following information.On September 12, 2022, at 11:30 a.m., SPS officers responded to a well-being check for a male [now know to be the Complainant] at a residence in Sarnia. Civilian Witness (CW) #1 had reported that the Complainant appeared under the influence of drugs and refused to leave her backyard when told to do so. Upon the arrival of SPS officers, the Complainant was asked his name, and he replied, “Satan.” At 11:42 a.m., SPS officers called Emergency Medical Services (EMS) and the Complainant was placed in the recovery position. At 11:51 a.m., EMS arrived and transported the Complainant to Bluewater Health (Sarnia Hospital). At 12:28 p.m., the Complainant was pronounced deceased.
The Team
Date and time team dispatched: 09/13/2022 at 12:02 p.m.Date and time SIU arrived on scene: 09/13/2022 at 12:40 p.m.
Number of SIU Investigators assigned: 6
Number of SIU Forensic Investigators assigned: 1
Affected Person (aka “Complainant”):
36-year-old male; deceasedCivilian Witnesses
CW #1 Interviewed CW #2 Interviewed
The civilian witnesses were interviewed between September 13 and 14, 2022.
Subject Official (SO)
SO Declined interview, as is the subject official’s legal right; notes received and reviewed Witness Officials (WO)
WO #1 Interviewed WO #2 Interviewed
WO #3 Interviewed
The witness officials were interviewed on September 19, 2022.
Evidence
The Scene
The incident occurred on the grass boulevard adjacent to a home on London Road in Sarnia.Video/Audio/Photographic Evidence [1]
Police Communications Recordings
On September 14, 2022, at 2:55 p.m., the SPS provided the SIU with the 911 call made by CW #1 and the radio transmissions recordings that followed. Below is a summary of the recordings.
911 Call
On September 12, 2022, at 11:34 a.m., CW #1 called the SPS to report a male [the Complainant] laying in a backyard. The male appeared “high”. He was conscious but refusing to leave. The male was scruffy, and he wore a black T-shirt, brown pants and one shoe.Radio Transmissions
At 11:39 a.m., two SPS officers were dispatched [the SO and WO #1]. At 11:40 a.m., the SO arrived at the scene.
At 11:42 a.m., the SO requested an EMS unit but was told that a “code red” existed.
At 11:53 a.m., the SO reported an EMS unit had arrived and the male had gone vital sign absent.
At 11:58 a.m., the SO reported that EMS were still doing CPR on the male.
At 12:14 p.m., the SO reported that EMS were transporting the male to the Sarnia Hospital.
At 12:25 p.m., the SO reported that the male had been pronounced deceased at the Sarnia Hospital.
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the SPS on September 14, 2022:- General Occurrence Report;
- Supplementary Occurrence Report;
- Computer-aided Dispatch Report;
- Communications recordings;
- Notes – WO #1;
- Notes – the SO;
- Notes – WO #3; and
- Notes / Will-state – WO #2.
Materials Obtained from Other Sources
The SIU obtained and reviewed the following records from the following other sources: - The Complainant’s medical records - Blue Water Health Sarnia; and
- Canadian Police Information Centre record – the Complainant.
Incident Narrative
The material events in question are clear on the evidence collected by the SIU, including interviews with civilian and police witnesses. As was his legal right, the SO chose not to interview with the SIU. He did authorize the release of his notes.
At about 11:34 a.m. of September 12, 2022, police were called to a residence. The caller – CW #1 – had reported the presence of a male in a backyard who was refusing to leave. The male was disheveled and appeared “high”. Officers were dispatched to the address.
The male was the Complainant. Shortly after the call to police, he managed to pick himself up and make his way to the front of the property, stumbling as he walked, where he fell onto London Road. The Complainant rolled himself off the roadway and onto the grass boulevard adjacent to the home just before the arrival of the police.
The SO was the first officer on scene, at about 11:40 a.m., joined shortly by WO #1. The officers quickly surmised that the Complainant was under the influence of drugs; he rolled and flailed his limbs on the ground, and responded, “Satan,” when asked to identify himself. The SO called for the attendance of EMS at the scene, but was told by the dispatcher that their arrival would likely be a while. The officers placed the Complainant in a recovery position and stood around him so as to prevent him from rolling onto the roadway.
At about 11:51 a.m., WO #1 noticed an ambulance in the vicinity and waved it down. The Complainant, who had been breathing and active to that point, stopped breathing just as the paramedics were arriving on scene. CPR and other life-saving measures were administered by the paramedics, and the Complainant was transported to hospital.
At about 11:34 a.m. of September 12, 2022, police were called to a residence. The caller – CW #1 – had reported the presence of a male in a backyard who was refusing to leave. The male was disheveled and appeared “high”. Officers were dispatched to the address.
The male was the Complainant. Shortly after the call to police, he managed to pick himself up and make his way to the front of the property, stumbling as he walked, where he fell onto London Road. The Complainant rolled himself off the roadway and onto the grass boulevard adjacent to the home just before the arrival of the police.
The SO was the first officer on scene, at about 11:40 a.m., joined shortly by WO #1. The officers quickly surmised that the Complainant was under the influence of drugs; he rolled and flailed his limbs on the ground, and responded, “Satan,” when asked to identify himself. The SO called for the attendance of EMS at the scene, but was told by the dispatcher that their arrival would likely be a while. The officers placed the Complainant in a recovery position and stood around him so as to prevent him from rolling onto the roadway.
At about 11:51 a.m., WO #1 noticed an ambulance in the vicinity and waved it down. The Complainant, who had been breathing and active to that point, stopped breathing just as the paramedics were arriving on scene. CPR and other life-saving measures were administered by the paramedics, and the Complainant was transported to hospital.
Cause of Death
The Complainant was declared deceased at hospital at 12:28 p.m. The cause of death remains pending as of the date of this report.Relevant Legislation
Section 215, Criminal Code - Failure to Provide Necessaries
215 (1) Every one is under a legal duty
(c) to provide necessaries of life to a person under his charge if that person
(i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and(ii) is unable to provide himself with necessaries of life.
(2) Every person commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse to perform that duty, if
(b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.
Sections 219 and 220, Criminal Code -- Criminal Negligence Causing Death
219 (1) Every one is criminally negligent who
(a) in doing anything, or(b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.
(2) For the purposes of this section, duty means a duty imposed by law.
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and(b) in any other case, to imprisonment for life.
Analysis and Director's Decision
On September 13, 2022, the SPS contacted the SIU to report that a male whom they had dealt with the day prior – the Complainant – had passed away. The SIU initiated an investigation naming one of the involved officers – the SO – as the subject official. 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 Complainant’s death.
The offences that arise for consideration are failure to provide the necessaries of life and criminal negligence causing death contrary to section 215 and 220 of the Criminal Code, respectively. Both require something more than a simple want of care to give rise to liability. The former is predicated, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have exercised in the circumstances. The latter is premised on even more egregious conduct that demonstrates a wanton or reckless disregard for the lives or safety of other persons. It is not made out unless the neglect constitutes a marked and substantial departure from a reasonable standard of care. In the instant case, the question is whether there was any want of care on the part of the SO, sufficiently serious to attract criminal sanction, that endangered the Complainant’s life or caused his death. In my view, there was not.
The SO and WO #1 were lawfully placed throughout their dealings with the Complainant. They had been called to the scene to deal with a possible trespasser and then stayed when it became apparent that the Complainant was in need of medical distress.
I am further satisfied that the officers comported themselves with due care and regard for the Complainant’s well-being throughout their engagement. Quickly realizing that the Complainant required medical care, the SO requested EMS about two minutes after arriving on scene. Thereafter, while they waited for an ambulance to arrive, the SO and WO #1 ensured that the Complainant did not hurt himself by preventing him from re-entering the roadway and placing him in a recovery position. Given that the Complainant was conscious and active throughout their time together, there was little else the officers could do in the circumstances. They were also alert to a passing ambulance and had it attend at their location, ensuring that the Complainant’s wait for professional medical attention was kept to a minimum.
In the result, while the cause of the Complainant’s death remains unknown at this time, there are no reasonable grounds to believe it is attributable to any transgressions of care on the part of the SO. As such, there is no basis for proceeding with criminal charges at this time. The file is closed.
Date: January 11, 2023
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
The offences that arise for consideration are failure to provide the necessaries of life and criminal negligence causing death contrary to section 215 and 220 of the Criminal Code, respectively. Both require something more than a simple want of care to give rise to liability. The former is predicated, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have exercised in the circumstances. The latter is premised on even more egregious conduct that demonstrates a wanton or reckless disregard for the lives or safety of other persons. It is not made out unless the neglect constitutes a marked and substantial departure from a reasonable standard of care. In the instant case, the question is whether there was any want of care on the part of the SO, sufficiently serious to attract criminal sanction, that endangered the Complainant’s life or caused his death. In my view, there was not.
The SO and WO #1 were lawfully placed throughout their dealings with the Complainant. They had been called to the scene to deal with a possible trespasser and then stayed when it became apparent that the Complainant was in need of medical distress.
I am further satisfied that the officers comported themselves with due care and regard for the Complainant’s well-being throughout their engagement. Quickly realizing that the Complainant required medical care, the SO requested EMS about two minutes after arriving on scene. Thereafter, while they waited for an ambulance to arrive, the SO and WO #1 ensured that the Complainant did not hurt himself by preventing him from re-entering the roadway and placing him in a recovery position. Given that the Complainant was conscious and active throughout their time together, there was little else the officers could do in the circumstances. They were also alert to a passing ambulance and had it attend at their location, ensuring that the Complainant’s wait for professional medical attention was kept to a minimum.
In the result, while the cause of the Complainant’s death remains unknown at this time, there are no reasonable grounds to believe it is attributable to any transgressions of care on the part of the SO. As such, there is no basis for proceeding with criminal charges at this time. The file is closed.
Date: January 11, 2023
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
Endnotes
- 1) The following records contain sensitive personal information and are not being released pursuant to section 34(2) of the Special Investigations Unit Act, 2019. The material portions of the records are summarized below. [Back to text]
Note:
The signed English original report is authoritative, and any discrepancy between that report and the French and English online versions should be resolved in favour of the original English report.