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.

The Team

Date and time team dispatched: 12/19/2022 at 7:12 a.m.

Date and time SIU arrived on scene: 12/19/2022 at 7:42 a.m.

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

 

Affected Person (aka “Complainant”):

23-year-old male; interviewed; medical records received and reviewed

The Complainant was interviewed on December 20, 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 Not interviewed; notes received and reviewed
WO #3 Not interviewed; notes received and reviewed
WO #4 Not interviewed; notes received and reviewed

The witness official was interviewed on December 20, 2022.

Surveillance Video Footage – Business

Surveillance video was obtained from a local business. The business had a second-floor video camera, which afforded a view of the alleyway at the rear facing in a southerly direction. Six videos were collected by the SIU, which ran chronologically from 4:17:01 a.m. to 4:29:30 a.m., December 16, 2022.

Video 1 ran from 4:17 a.m. to 4:19 a.m. The view of the camera showed lighting at the rear of the business but the commercial premises to the south of the business were in the dark. The incident under investigation occurred in the dark. There were numerous large puddles in the area.

At 4:17 a.m., the dark movement of a body was seen to run into the alley. The initial movement was followed by the movement of someone chasing the first person. Both bodies fell forward to the ground and puddles. Nothing could be seen except reflective light on the puddles, suggesting there was movement on the ground.

At 4:19 a.m., the headlights of a fully marked police SUV drove into the alley. The headlights momentarily showed two bodies struggling on the ground. At the same time, a second police SUV with emergency lights activated entered a parking lot and travelled across the south lot to the fence at the side of the alleyway.

Video 2 ran from 4:19 a.m. to 4:21 a.m. A police officer wearing a yellow reflective jacket exited the first SUV and walked around the back to the side where the bodies were on the ground.

At 4:19 a.m., a second police officer, also wearing a reflective yellow jacket, approached on foot from the SUV on the lot. The reflective light on the puddle was the only indication that there was movement on the ground.

At 4:19 a.m., someone was lifted off the ground and there was movement. Someone was eventually seen to stand and face the police SUV, as they were searched.

Both video 3 and video 4 could not be played.

Video 5 ran from 4:26 a.m. to 4:28 a.m. and depicted police officers standing around outside the rear passenger door of the SUV.

Video 6 ran from 4:28 a.m., and still captured police officers standing around the back of the SUV, and the movement of their flashlights and the yellow jackets. The SUV left the alley southbound at 4:29:30 a.m.

Communications Recordings

On December 16, 2022, at 4:06 a.m., the SO was captured on radio requesting assistance, broadcasting a location that was indecipherable. WO #1, WO #2 and WO #3 advised they would respond. All police officers were in separate units. WO #1 was the first officer to arrive and assist.

At 4:07 a.m., the SO advised that he had one person in custody.

At 4:18 a.m., WO #3 advised that he was transporting the arrested person, the Complainant, to the police station.

At 4:21 a.m., WO #3 advised he was off at the police station.

Booking and Cell Video

The sally port footage started at 4:19 a.m., December 16, 2022. There was no time stamp on the video recordings but there was a timer.

At 4:22 a.m., the Complainant was captured being led out the rear passenger door of a police vehicle by two police officers wearing yellow fluorescent jackets [known to be WO #2 and WO #3]. Two other police officers [known to be the SO and WO #1] entered the garage. The Complainant was led to a door, which accessed the booking area. The Complainant was searched by WO #1 and the SO. WO #4 was present; however, there was no audio component and any conversation was inaudible.

At 4:32 a.m., the Complainant was placed in a cell without incident.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the OSPS between December 19 and December 20, 2022:

• Arrest Procedure;
• Cell video;
• Communications recordings;
• Notes - WO #4;
• The Complainant – Bail brief;
• The Complainant – booking photo;
• The Complainant – CPIC record;
• Occurrence Report;
• Notes – WO #2;
• Notes – WO #3;
• Notes – WO #1;
• Prisoner Log;
• Use of Force Procedure;
• Computer-assisted Dispatch Details
• Crown Brief Synopsis;
• Prisoner Property Log;
• Will State-the SO; and
• Notes-the SO.

Materials Obtained from Other Sources

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

• The Complainant’s medical records from GBHS-OS; and
• Surveillance video from a local business.

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.

In the result, while I accept that the Complainant’s injury was incurred in the course of the altercation that marked his arrest, there are no reasonable grounds to believe that it was the result of any unlawful conduct on the part of either the SO or WO #1. Accordingly, there is no basis for proceeding with criminal charges in this case. The file is closed.


Date: April 14, 2023

Electronically approved by

Joseph Martino
Director
Special Investigations Unit