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 67-year-old man (the “Complainant”).

Notification of the SIU [1]

On March 12, 2023, at 12:07 p.m., the Ontario Provincial Police (OPP) notified the SIU of the death of the Complainant.

According to the OPP, on March 11, 2023, at 7:35 p.m., the Brant County OPP Detachment received a call from Civilian Witness (CW) #1 requesting a wellness check on a family member, the Complainant, who was an alcoholic with a history of being medicated. Three OPP officers attended the Complainant’s residence in St. George and found the Complainant had fallen. He refused medical treatment. On March 12, 2023, at 10:00 a.m., CW #1 called the police again, and OPP officers returned to the address for a wellness check. On that occasion, they located the Complainant frozen and deceased outside the building.

The Team

Date and time team dispatched: 03/12/2023 at 2:10 p.m.

Date and time SIU arrived on scene: 03/12/2023 at 3:20 p.m.

Number of SIU Investigators assigned: 3

The Scene

The events in question transpired in and around the Complainant’s residence in St. George.

The SIU attended the scene on March 11, 2023, at 3:20 p.m., and met police officers who were holding the scene secure.

The Complainant’s body was found in the snow just outside an open entrance door to his residence. He was not dressed for the weather, wearing only a light shirt, jeans, and socks with no shoes.

There were no signs of forced entry to the building and no evidence of vehicular or pedestrian traffic in the snow-covered parking area. Inside, the overhead lights were on, and the interior was littered with many empty alcohol bottles, among them, one full bottle of alcohol.

The low temperature recorded that evening was minus seven degrees Celsius. [2]

Video/Audio/Photographic Evidence [3]

The premise was not equipped with video recording equipment nor were any of the involved police officers or police vehicles.

The material events in question are clear on the evidence collected by the SIU and may briefly be summarized.

In the evening of March 11, 2023, WO #5, WO #4 and Officer #1, were dispatched to the Complainant’s residence in St. George to check on his well-being. A family member – CW #1 – had called police after learning that he had failed to attend a medical appointment. The officers met CW #1 at the property and she provided them a key to access the building.

Entering the building, CW #1 and the officers located the Complainant on the landing at the top of a set of stairs. CW #1 led the way and spoke to the Complainant, as did Officer #1. They assisted him to his feet and then to a sitting position on the landing, examined him for injuries, and asked if he wanted medical attention. The Complainant indicated he did not need an ambulance and the family member agreed. The officers left after about 20 minutes on the understanding that CW #1 would stay with the Complainant.

CW #1 remained for a period and then spoke to the Complainant, telling him to go to bed and that she would check on him in the morning. The Complainant agreed.

The next day, concerned when she was unable to reach the Complainant, CW #1 called police again. Several hours later, OPP officers arrived at CW #1’s home to tell her of the Complainant’s passing. Two officers had been dispatched to the Complainant’s residence, where they located him, deceased, adjacent to a side door of the property.

Section 220, Criminal Code -- Criminal Negligence Causing Death

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.

Section 31, Liquor Licence and Control Act -- Intoxication

(a) a place to which the general public is invited or permitted access; or

(b) any part of a residence that is used in common by persons occupying more than one dwelling in the residence.

(2) A police officer or conservation officer may arrest without warrant any person who is contravening subsection (1) if, in the opinion of the officer, it is necessary to do so for the safety of any person.

Section 17, Mental Health Act -- Action by Police Officer

(a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself;

(b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or

(c) has shown or is showing a lack of competence to care for himself or herself,

(d) serious bodily harm to the person;

(e) serious bodily harm to another person; or

(f) serious physical impairment of the person,

On March 12, 2023, the Complainant was found deceased by OPP officers outside his residence in St. George. As he had interacted with police the day before, the SIU initiated an investigation. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that any police officer committed a criminal offence in connection with the Complainant’s death.

The offence that arises for consideration is criminal negligence causing death contrary to section 220 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 officers who initially met with the Complainant on March 11, 2023, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s death. In my view, there was not.

Officer #1, WO #5 and WO #4 were lawfully placed when they met with the Complainant on March 11, 2023. An officer’s foremost duty is the protection and preservation of life. Having received word of CW #1’s call to police and been dispatched to the Complainant’s address, the officers were duty-bound to do what they could to ensure the Complainant’s well-being.

I am also satisfied that the officers comported themselves with due care and regard for the Complainant’s welfare. Led by Officer #1, the officers spoke with the Complainant and examined him for physical injury. Though he appeared weak and intoxicated, there were no signs of injury on his person. Asked whether he wanted medical attention, the Complainant declined. At that point, there was little else the officers could do. As he was in his residence and under the supervision of his family member there were no grounds to arrest him for public intoxication under section 31 of the Liquor Licence and Control Act. Nor was there any basis to take the Complainant into custody under section 17 of the Mental Health Act as the officers had been provided no information of any mental disorder at play.

In the result, as there are no reasonable grounds to believe that the officers who dealt with the Complainant on March 11, 2023, transgressed the limits of care prescribed by the criminal law, there is no basis for proceeding with criminal charges. The file is closed.


Date: July 7, 2023


Electronically approved by

Joseph Martino
Director
Special Investigations Unit