SIU Director’s Report - Case # 22-OCI-324
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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 a serious injury sustained by an 18-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 a serious injury sustained by an 18-year-old man (the “Complainant”).
The Investigation
Notification of the SIU [1]
On December 23, 2022, at about 3:07 a.m., the Durham Regional Police Service (DRPS) notified the SIU of an injury to the Complainant. According to the DRPS, on December 22, 2022, at 11:42 p.m., DRPS police officers responded to a residence in the area of Somerville Street and Taunton Road West, Oshawa, after a call was received from the Civilian Witness (CW). The CW reported that her boyfriend, the Complainant, was in a crisis and had stabbed himself. Upon arrival of the police, the Complainant continued to cause himself harm and barricaded himself within the home. Police officers utilized an entry tool to gain access to the residence. As they did so, the Complainant fled through a second-storey window. The Complainant was transported to Sunnybrook Health Sciences Centre (SHSC) and diagnosed with having sustained a fractured spine in the fall.
The Team
Date and time team dispatched: 12/23/2022 at 3:32 a.m.Date and time SIU arrived on scene: 12/23/2022 at 6:35 a.m.
Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 1
Affected Person (aka “Complainant”):
18-year-old male interviewed; medical records obtained and reviewedThe Complainant was interviewed on December 28, 2022.
Civilian Witnesses
CW Interviewed The civilian witness was interviewed on December 28, 2022.
Subject Officials
SO Declined interview and to provide notes, as is the subject official’s legal rightWitness Officials
WO #1 Interviewed WO #2 Interviewed
WO #3 Interviewed
WO #4 Interviewed
WO #5 Interviewed
The witness officials were interviewed on December 23, 2022.
Evidence
The Scene
The events in question transpired around a residence in the area of Somerville Street and Taunton Road West, Oshawa.The building was two-stories. There was an access door to a stairwell; the door’s deadbolt was in the locked position, but the door was open. At the top of the stairwell was an access door to the residence. The access door and doorframe to the residence were damaged.
Entry through the door opened into the kitchen. Passive blood drops were visible on the floor. A small bathroom was accessed from the kitchen. The washroom had bloodstains on the vanity top and on the cabinet base. Bloodstaining was present on the washroom window curtains. The window measured 65 centimetres by 128 centimetres and was located 83.5 centimetres from the floor. The bottom portion of the window had the glass smashed with the frame pushed out towards the outside. The distance from the bottom ledge of the window to the ground below in the backyard measured 5.83 metres. Broken glass was found on the grass at the bottom of the broken bathroom window.
There was a small, pooled area of blood on the floor in the living room.
Examination of the residence did not reveal any evidence of a struggle.
Physical Evidence
At 8:25 a.m. of December 23, 2022, a SIU forensic investigator attended DRPS District 17 police station, where the DRPS turned over a Sharps container, containing a pair of black-handled scissors. The scissors were broken at the connect point with apparent bloodstaining visible. The scissors were photographed and returned.
Figure 1 - Scissors, including the broken, bloodstained pair
Video/Audio/Photographic Evidence
Detailed Call Summary
At about 11:42 p.m., the call summary documented an incoming 911 call from the CW. A male in her residence had stabbed himself in the stomach. Officers were dispatched to the scene.At about 11:48 p.m., it was noted that a male had jumped out a back window. He was reported as having two stab wounds to the abdomen.
The SO’s BWC Footage
Starting at about 2344 hrs, the SO was captured arriving in a cruiser at a residential address.Starting at about 2346 hrs, the SO entered the house and spoke to a female as she was descending a flight of stairs towards him. She indicated that there was a male alone in the apartment.
Starting at about 2347 hrs, the SO asked officers arriving at the scene for a breaching tool.
Starting at about 2348 hrs, the SO retrieved the breaching tool from an officer on the front porch of the house, and provided it to another officer. The SO then started to ascend the interior stairs towards the second floor. Shortly thereafter, an officer announced that a male had jumped out the back.
Starting at about 2349 hrs, officers were captured at the front of a second floor door, at the top of the flight of stairs. Attempts were made to force open the door with the breaching tool.
Starting at about 2350 hrs, an officer kicked open the door. The SO was captured entering the apartment.
Starting at about 2351 hours, the SO left the apartment, descended the stairs, and exited through the front door of the house.
Materials Obtained from Police Service
The SIU obtained and reviewed the following records from the DRPS:- General Occurrence Information;
- Photos;
- Civilian Witness Statement;
- Detailed Call Summary;
- Communications recordings;
- Directive – Persons in Crisis and Attempted Suicide;
- Directive – Police Use of Force;
- Duty Book Notes of Witness Officials;
- The SO - Use of Force training dates;
- Involved Officers List; and
- Police Witness Reports - Witness Officials.
Materials Obtained from Other Sources
The SIU obtained and reviewed the following records from the following other sources: - The Complainant’s medical records from SHSC; and
- Ambulance Call Report from Emergency Medical Services.
Incident Narrative
The material events in question, clear on the evidence collected by the SIU, may briefly be summarized. As was his legal right, the SO declined an interview with the SIU and to authorize the release of his notes.
At about 11:42 p.m. of December 22, 2022, the CW contacted police to report that her boyfriend – the Complainant – had stabbed himself in the abdomen at her residence. Officers were immediately dispatched to the scene –an address in the area of Somerville Street and Taunton Road West, Oshawa.
The evidence indicates that the Complainant was in the midst of a psychotic episode. He had retrieved a pair of scissors, disassembled its two blades, and used one of them to stab himself in the stomach and head. Within moments of the arrival of police officers outside the residence, the Complainant smashed the bathroom window and jumped out.
The SO was among the first officers on scene. When the Complainant failed to let the officers inside, he directed that an officer retrieve a breaching tool to force entry. By the time the officers accessed the residence, the Complainant had already jumped. Not more than about six minutes had elapsed from the time of the CW’s 911 call and the Complainant’s jump.
The Complainant was taken from the scene to hospital. He was diagnosed with a spinal fracture, incurred in the fall, and self-inflicted stab wounds.
At about 11:42 p.m. of December 22, 2022, the CW contacted police to report that her boyfriend – the Complainant – had stabbed himself in the abdomen at her residence. Officers were immediately dispatched to the scene –an address in the area of Somerville Street and Taunton Road West, Oshawa.
The evidence indicates that the Complainant was in the midst of a psychotic episode. He had retrieved a pair of scissors, disassembled its two blades, and used one of them to stab himself in the stomach and head. Within moments of the arrival of police officers outside the residence, the Complainant smashed the bathroom window and jumped out.
The SO was among the first officers on scene. When the Complainant failed to let the officers inside, he directed that an officer retrieve a breaching tool to force entry. By the time the officers accessed the residence, the Complainant had already jumped. Not more than about six minutes had elapsed from the time of the CW’s 911 call and the Complainant’s jump.
The Complainant was taken from the scene to hospital. He was diagnosed with a spinal fracture, incurred in the fall, and self-inflicted stab wounds.
Relevant Legislation
Sections 219 and 221, Criminal Code -- Criminal Negligence Causing Bodily Harm
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.
221 Every person who by criminal negligence causes bodily harm to another person is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b) an offence punishable on summary conviction.
Analysis and Director's Decision
On December 22, 2022, the Complainant was seriously injured when he jumped from a second-story window to the ground below. As DRPS officers were on scene responding to a call for service regarding the Complainant at the time of the jump, the SIU was notified and initiated an investigation. 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 injuries.
The offence that arises for consideration is criminal negligence causing bodily harm contrary to section 221 of the Criminal Code. The offence is reserved for serious cases of neglect that demonstrate a wanton or reckless disregard for the lives or safety of other persons. It is predicated, in part, on conduct that amounts to a marked and substantial departure from the level of care that a reasonable person would have exercised in the circumstances. In the instant case, the question is whether there was a want of care on the part of the SO, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s injuries. In my view, there was not.
The SO was lawfully placed and in the execution of his duties throughout his brief engagement in the events culminating in the Complainant’s fall. He arrived quickly at the address and, appreciating that time was of the essence if they were going to prevent further harm coming to the Complainant, acted with dispatch in trying to gain access to the interior of the residence. Regrettably, the Complainant acted so quickly that there was little, if anything, the subject official, or any of the other officers on scene, could do to prevent him jumping from the window. Indeed, it is not entirely clear that the Complainant was even aware of the police presence when he broke the bathroom window and jumped.
In the result, as there are no reasonable grounds to believe that the SO transgressed the limits of care prescribed by the criminal law in relation to the Complainant’s fall and injuries, there is no basis for proceeding with criminal charges. The file is closed.
Date: April 21, 2023
Joseph Martino
Director
Special Investigations Unit
The offence that arises for consideration is criminal negligence causing bodily harm contrary to section 221 of the Criminal Code. The offence is reserved for serious cases of neglect that demonstrate a wanton or reckless disregard for the lives or safety of other persons. It is predicated, in part, on conduct that amounts to a marked and substantial departure from the level of care that a reasonable person would have exercised in the circumstances. In the instant case, the question is whether there was a want of care on the part of the SO, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s injuries. In my view, there was not.
The SO was lawfully placed and in the execution of his duties throughout his brief engagement in the events culminating in the Complainant’s fall. He arrived quickly at the address and, appreciating that time was of the essence if they were going to prevent further harm coming to the Complainant, acted with dispatch in trying to gain access to the interior of the residence. Regrettably, the Complainant acted so quickly that there was little, if anything, the subject official, or any of the other officers on scene, could do to prevent him jumping from the window. Indeed, it is not entirely clear that the Complainant was even aware of the police presence when he broke the bathroom window and jumped.
In the result, as there are no reasonable grounds to believe that the SO transgressed the limits of care prescribed by the criminal law in relation to the Complainant’s fall and injuries, there is no basis for proceeding with criminal charges. The file is closed.
Date: April 21, 2023
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
Endnotes
- 1) The information in this section reflects the information received by the SIU at the time of notification and does not necessarily reflect the SIU’s finding of facts following its investigation. [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.