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 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. 

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”):

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

The Complainant was interviewed on November 29, 2022.

Civilian Witnesses

CW #1 Not interviewed
CW #2 Not interviewed; declined
CW #3 Interviewed
CW #4 Interviewed

The civilian witnesses were interviewed between December 1 and December 14, 2022.

Subject Official

SO Declined interview, as is the subject official’s legal right; notes received and reviewed

Witness Officials

WO #1 Interviewed
WO #2 Interviewed

The witness officials were interviewed on November 30, 2022.

 

Surveillance Video

On November 29, 2022, at 7:04 p.m., the SIU received a copy of relevant surveillance video from a business via the TPS. On December 5, 2022, the SIU also received a copy of the same surveillance video from CW #3, who had used her cellphone to video record the surveillance footage from a computer monitor. The following is a summary of the salient information from the recording.

On November 26, 2022, at approximately 8:43:59 a.m., the video began. A two-door white van [now known to be operated by CW #3] entered camera view and parked in the parking lot. CW #3 exited the driver’s seat and walked towards a man [now known to be the Complainant] lying on the ground by a side door.

At 8:45:57 a.m., CW #3 went out of camera view in possession of some bags.

At 8:52:33 a.m., CW #3 opened the driver’s side door of her van and sounded the horn continuously. At 8:55:22 a.m., the Complainant lifted his head in response, then went to his feet.

At 8:56:09 a.m., CW #3 motioned at the Complainant to leave the property. The Complainant walked around the passenger side of the van, and both he and CW #3 appeared to engage in a conversation.

At 8:57:17 a.m., the Complainant returned to the door where he was initially located, while CW #3 went out of camera view. The Complainant walked alongside the building and entered a space between the building and a storage container.

At 9:01:06 a.m., a dark-coloured Ford truck [now known to be operated by CW #4] entered camera view and parked in the parking lot facing the store.

At 9:02:28 a.m., CW #3 and a male uniformed police officer [now known to be the SO] entered camera view. The SO walked towards the storage container, where he located the Complainant between the building and storage container, while CW #3 went out of camera view.

At 9:03:20 a.m., the SO guided the Complainant towards a pile of skids located beside the building. The SO seemed to experience some difficulty in controlling the Complainant and appeared to deliver a punch to the Complainant’s upper body. While the SO maintained control of the Complainant’s left arm, the Complainant pulled away from the skids into the parking lot area. While maintaining control of his left arm and moving further into the parking lot, the SO grounded the Complainant by guiding the fabric of his jacket to the ground. After the Complainant landed on the ground on his buttocks, the SO, who was behind the Complainant, struck the Complainant twice in the area of his head with a closed right fist. The SO then mounted the Complainant, who was face down on the ground on his hands and knees, by placing his left knee on his lower body to gain control of his hands. The Complainant pushed up to his hands and knees while the SO attempted to keep him on the ground by using the weight of his body. The Complainant pushed against the SO to move to his feet at least two times, with the SO using his left knee to keep the Complainant’s lower body on the ground. The SO appeared to deliver a short right-handed punch to the Complainant’s upper body at this time.

At 9:05:37 a.m., a marked police vehicle [now known to be operated by WO #1] arrived on scene with emergency lights activated. WO #1 exited his police vehicle and went around the hood of his police vehicle towards the SO, who had overpowered the Complainant on the ground. WO #1, who was positioned on the Complainant’s left, and the SO, positioned on his right, held the Complainant in a prone position while the SO attempted to handcuff him.

At 9:06:49 a.m., the SO and WO #1 assisted the Complainant, who was handcuffed with his hands behind his back, to his feet and lodged him in the rear passenger side of WO #1’s police vehicle.

At 9:07:22 a.m., the video ended.

 

In-car Camera System (ICCS) Footage - SO

On November 29, 2022, at 7:04 p.m., the SIU received a copy of the ICCS footage from the SO’s police vehicle. The video was date and time-stamped, and in colour. There was no audio component to the footage. The following is a summary of the imagery from the front-facing camera.

On November 26, 2022, at 8:48:06 a.m., the video began.

At 8:53:55 a.m., the SO arrived at the business located on Algonquin Boulevard West in Timmins. There was a dark-coloured truck and white van located in the parking lot.

A review of the footage did not advance the investigation of the incident as the front-facing camera pointed to an adjacent business.

At 9:04:15 a.m., the SO departed the scene.

 

ICCS Footage — WO #1

On November 29, 2022, at 7:04 p.m., the SIU received a copy of the ICCS footage from WO #1’s police vehicle. The video was date and time-stamped, and in colour. The following is a summary of the footage from the front facing and rear facing cameras.

On November 26, 2022, at 8:55:51 a.m., the video began.

At 8:57:29 a.m., WO #1 arrived on scene to encounter the Complainant positioned on his knees in the parking lot and the SO standing beside him.

At 8:57:50 a.m., the SO and WO #1 were heard directing the Complainant to put his hands behind his back.

At 8:59:05 a.m., a police officer said, “Stop spitting.”

At 8:59:36 a.m., the Complainant, handcuffed with his hands behind his back, was lodged in the rear passenger seat. He was bleeding from his nose and mouth.

At 9:02:50 a.m., WO #1 advised the Complainant he was under arrest. The audio was then de-activated.

At 9:03:51 a.m., the Complainant said, “I got smashed dude. Most guys would be on the ground knocked out man. I really need to go to the hospital brother.” In response, WO #1 said, “We can deal with that after.” After the Complainant stated that he was assaulted, WO #1 said, “Well, don’t resist arrest and then spit blood.”

At 9:04:17 a.m., the Complainant said, “I wasn’t resisting. Like what do you want me to do? I’m in pain. Already getting punched in the face and shit. I can’t even talk man, okay?” He further added, “I’m pissed that you did that dude because it’s scary. The guy knows how to fight. What do you want me to do? I just woke up man. Should just give me a ticket and go home fuck. I got bashed.”

At 9:06:50 a.m., WO #1 arrived at the station and a spit mask was placed on the Complainant. He was then escorted to the booking area.

At 9:15:00 a.m., the video ended.

 

ICCS Footage — WO #2

On November 29, 2022, at 7:04 p.m., the SIU received ICCS footage from WO #2’s police vehicle, fleet #3. A review of the recording did not advance the investigation of the incident.

Custody Video

On November 29, 2022, at 7:04 p.m., the SIU received a copy of the relevant custody video from the TPS. Numerous efforts were made to obtain a time-stamped copy of the recordings with negative results. The time-stamps referenced below correspond to the running video time. The following is a summary of the video recordings.

At seven minutes and two seconds, a marked police vehicle operated by WO #1 entered the sally port. The Complainant, who had a white spit hood over his head, was removed from the rear passenger side and escorted to the booking hall by WO #1 and a special constable. The Complainant was wearing a black jacket, camouflage snow pants, and red shoes.

At eight minutes and 49 seconds, the Complainant was paraded in front of the sergeant. During the booking process, the Complainant requested an ambulance because, “I got my head bashed in, man,” before being escorted to a cell. The Complainant complied with directions to remove his outer layer of clothing, and a search of his person was conducted and restraints removed.

At 13 minutes and 20 seconds, the Complainant asked to attend hospital.

At 18 minutes and 53 seconds, the SO told the Complainant an ambulance was on its way. The Complainant replied, “Well, no shit! You smashed my face in for no reason man.”

At 19 minutes and eight seconds, the Complainant inquired about his stolen bicycle before accusing the SO of dragging and pounding on him.

At 22 minutes and 10 seconds, EMS arrived at the station. Three paramedics were escorted to the cell. A male paramedic noted there was blood in the cell.

At 27 minutes and 39 seconds, the Complainant told the paramedics that he noticed his bicycle was stolen after he woke up. He was then pulled out by the SO after sitting behind a bin. Several seconds later, a female paramedic told the Complainant that they were there to provide medical attention, not hear about what occurred earlier.

At 28 minutes and three seconds, the Complainant asked to go to hospital as he suspected he might have a concussion from falling off his bicycle onto black ice the night prior. The paramedics tended to the Complainant.

At 34 minutes and 21 seconds, the paramedics left the cell area as they waited for an officer to assist with transport.

At 43 minutes and 12 seconds, the Complainant was escorted to the ambulance. Shortly thereafter, the ambulance departed the station.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS between November 29, 2022, and February 14, 2023:

• Arrest Booking Report;
• Arrest Report;
• Communications recordings;
• Cell Block video;
• Custody Record;
• Custody Summary;
• Event Details;
• General Occurrence Report;
• ICCS recordings;
• Mugshot - the Complainant;
• Notes - WO #1;
• Notes - WO #2;
• Notes - SO;
• Occurrence Summary;
• Person Occurrence (the Complainant);
• Procedure - Use of Force;
• Procedure - Arrest of Persons;
• Surveillance video from business;
• Training Record - SO;
• Undertaking – the Complainant;
• Use of Force Training Schedule;
• Victim Report; and
• Witness Statement – CW #3.

Materials Obtained from Other Sources

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

• The Complainant’s medical records from TDH; and
• Surveillance video from CW #3.

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.

(a) without the express permission of the occupier, the proof of which rests on the defendant,

(i) enters on premises when entry is prohibited under this Act, or

(ii) engages in an activity on premises when the activity is prohibited under this Act; or

(b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier,