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 44-year-old man (the “Complainant”).

Notification of the SIU

On August 28, 2022, the Durham Regional Police Service (DRPS) contacted the SIU with the following information.

At 5:35 a.m., August 28, 2022, the DRPS had received a call from the Complainant’s brother regarding a wellness check. He indicated that the Complainant had been in contact with his girlfriend overseas, and that she had subsequently called the brother, concerned. The Complainant’s brother had also received a text from the Complainant indicating that he loved him. He was responding to the scene from Georgina Township. The DRPS officers arrived on scene at 5:48 a.m. and heard a chop-saw start in the garage. Unable to get an answer, the officers gained entry into the garage. Once inside, there was a large amount of blood as the Complainant had used a chop-saw to cut his neck.

The Complainant had been taken to the Oshawa General Hospital (a.k.a. Lakeridge Health Oshawa) and was not expected to survive.

The Scene

On August 28, 2022, the SIU forensic investigators (FIs) attended the scene near Harmony Road North and Adelaide Avenue East, Oshawa. It consisted of a single family detached home located in a residential neighborhood and surrounded by similar residences.

There were two cars parked in the driveway of the residence. One of the vehicles had been parked inside the garage but was removed by the police officers.

The garage of the residence was an attached double garage with the front door of the residence to the left of the garage.

The front door of the residence consisted of a glass storm door that remained intact and was closed. Inside the storm door, lying on the floor of the front hallway, was the main solid door.

The door frame of the main door was damaged and split. Inside the main door and approximately two metres on the right was an entrance into the garage. This door opened into the garage and was found in an open position.

There were three steps that led down into the garage. At the base of the steps was a large area of suspected blood staining on the floor. To the left of the blood on the floor was a compound miter saw with suspected blood staining and spatter on it. At the base of the stairs was a battery powered headlamp (illuminated at the time of police officers’ arrival). There was a purple blanket located in the same area, with a large amount of suspected blood on it and a brown pillow. On top of the pillow was a black cellular phone.

In total, the garage area had three points of access: the main overhead garage door, the door into the house and a door leading into the rear yard area.

There was an open bottle of whiskey and shot glass on the kitchen counter.

Forensic Evidence

The Post-mortem and Toxicology reports had not been received as of the date of this report.

Video/Audio/Photographic Evidence [1]

Communications Recordings

On August 30, 2022, the SIU received DRPS communications recordings pertinent to the incident. The following is a summary of the recordings.

On August 28, 2022, at 5:34:58 a.m., CW #1 called 911 to request that police attend his brother’s, the Complainant’s, residence. The Complainant had sent a message to his wife, CW #2, and had not answered return calls.

At 5:40:38 a.m., the DRPS dispatcher alerted police officers to a call for a wellness check.

At 5:53:51 a.m., a search in the backyard of the residence was conducted with negative results.

At 5:58:48 a.m., emergency medical service (EMS) were requested as the Complainant was found bleeding in the garage.

At 6:03:13 a.m., a police officer reported that it looked like the Complainant had used a circular saw to cut his neck.

Body-worn Camera Footage (BWC)

On September 1, 2022, the SIU was provided BWC footage of the incident from the DRPS. The following is a summary of the footage.

On August 28, 2022, at 6:00:50 a.m., the SO was captured standing next to the Complainant on the left side. The Complainant was on the ground face down with his head facing a doorway. A chop-saw was on the floor to the Complainant’s right shoulder covered in blood. The SO tugged on the Complainant’s shirt and said, “Turn over, buddy, let me see where you’re hurt.” WO #1 struggled to put latex gloves on.

At 6:01:45 a.m., the SO stood over the Complainant, pulled on the Complainant’s shirt with his right hand, and used his left hand to pull on the Complainant’s left arm.

At 6:02:09 a.m., the SO pulled on the Complainant’s shirt and left arm again and said, “…buddy, come on, stay with me bud.”

At 6:02:15 a.m., the Complainant gurgled. The SO said, “He’s gurgling,” released the Complainant, and ran up the stairs out of the garage. WO #1 continued to try to put latex gloves on, and walked up the stairs out of the garage and looked outside.

At 6:02:32 a.m., WO #1 entered the garage and shouted the Complainant’s name.

At 6:02:40 a.m. to 6:02:48 a.m., more police officers arrived. WO #3 asked, “Where’s he bleeding from?” The SO said, “(Inaudible)…his neck.”

At 6:02:53 a.m. to 6:03:10 a.m., WO #3 said, “Just put pressure on it, let’s flip him.” A bald police officer said, “OK, put pressure on it, put pressure on it,” and the SO put his left hand on the left side of the Complainant’s neck. The same officer knelt down and said, “You got rubber gloves, put pressure on his neck”.

At 6:03:13 a.m. to 6:04:50 a.m., WO #1 put his right hand on the Complainant’s neck. The Complainant gurgled and WO #1 said, “We need him away from this fucking thing ‘cuz I can’t get pressure on his neck”.

At 6:05:00 a.m. to 6:05:19 a.m., a male voice said, “We’re losing him.” The SO pulled on the Complainant’s right arm and he was turned on to his back.

At 6:06:46 a.m. to 6:06:52 a.m., the police officers attempted to find the Complainant’s pulse. A male voice said, “Make sure you’re not choking him, he still needs air.”

At 6:07:50 a.m. to 6:08:25 a.m., an ambulance arrived. A male voice from outside said, “…saw…about seven minutes ago…but there’s no pulse.”

At 6:09:07 a.m. to 6:12:00 a.m., the paramedics began lifesaving procedures.

At 6:15:34 a.m., the ambulance departed.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the DRPS between August 28, 2022, and September 1, 2022:

• Computer-assisted Dispatch report;
• BWC footage;
• Communications recordings;
• Occurrence Report;
• Policy - Detainee Care and Control;
• Policy - Prisoner Care and Control - Court Services Branch;
• Policy - Persons in Crisis;
• Policy - Preliminary Perimeter Control and Containment;
• Narrative - WO #4;
• Notes - WO #1;
• Statement - WO #4;
• Statement and notes - WO #3;
• Statement and notes - WO #2; and
• The SO - first-aid & CPR credentials.

Materials Obtained from Other Sources

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

• Ambulance Call Reports;
• Global Positioning System data;
• Preliminary Autopsy Findings from the Ontario Forensic Pathology Service;
• Photograph of the Complainant sent by CW #1; and
• Screenshot of text from the Complainant sent by CW #2.

The evidence collected by the SIU, including an interview with the SO and video footage that captured the incident in parts, gives rise to the following scenario.

Section 215, Criminal Code - Failure to Provide Necessaries

(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.

(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

(a) in doing anything, or

(b) in omitting to do anything that it is his duty to do,

220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(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.

The Complainant passed away from a self-inflicted serious injury on August 28, 2022. As police officers had located a wounded Complainant in his home prior to his death, the SIU was notified of the incident and initiated an investigation. One of those officers – the SO – was identified 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.