SIU Director’s Report - Case # 23-OCI-103
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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 the serious injuries of a 54-year-old woman (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 the serious injuries of a 54-year-old woman (the “Complainant”).
The Investigation
Notification of the SIU [1]
On April 9, 2023, at 4:45 p.m., the Niagara Regional Police Service (NRPS) contacted the SIU with the following information.At 3:35 p.m., the Complainant called 911 to report that she was on the Queen Elizabeth Way (QEW) bridge at Niagara Street in St. Catharines and intended to jump. NRPS officers and Emergency Medical Services (EMS) were sent to the scene. Upon the arrival of NRPS officers, the Complainant jumped and landed several metres below, onto a grass section that was beside the QEW Toronto-bound lanes. NRPS officers and EMS rendered medical assistance. The Complainant was transported to Hamilton General Hospital (HGH) and diagnosed with two broken ankles.
The Team
Date and time team dispatched: 04/09/2023 at 6:09 p.m.Date and time SIU arrived on scene: 04/09/2023 at 6:41 p.m.
Number of SIU Investigators assigned: 2
Number of SIU Forensic Investigators assigned: 1
Affected Person (aka “Complainant”):
54-year-old female; not interviewed; medical records obtained and reviewedCivilian Witnesses (CW)
CW #1 Not interviewed; next-of-kin CW #2 Interviewed
CW #3 Interviewed
CW #4 Interviewed
CW #5 Interviewed
CW #6 Interviewed
The civilian witnesses were interviewed between April 10, 2023, and May 2, 2023.
Subject Official (SO)
SO Declined interview, as is the subject official’s legal right; notes received and reviewed Witness Officials (WO)
WO #1 Interviewed WO #2 Not interviewed; notes reviewed and interview deemed not necessary
WO #3 Not interviewed; notes reviewed and interview deemed not necessary
WO #4 Interviewed
The witness officials were interviewed on May 2, 2023.
Evidence
The Scene
The events in question transpired in and around the Niagara Street bridge over the QEW, St. Catharines.Investigators did not attend the scene; however, NRPS Scenes of Crime Officers took photographs prior to the involved NRPS cruisers being moved.
The interaction occurred on the Niagara Street overpass of the QEW. The overpass had three southbound lanes, two northbound lanes, and sidewalks on each side. There was a guardrail that ran parallel to each sidewalk and consisted of a concrete wall, topped with metal tubing. On the outside of the guardrail there was a lip that a person could stand on.
Figure 1 – Niagara Street overpass of the QEW
The area where the Complainant fell was a grass field on the north side of the QEW.
Video/Audio/Photographic Evidence [2]
Ministry of Transportation – Traffic Camera Video
On May 2, 2023, the Ministry of Transportation provided the SIU with traffic camera recordings of the Niagara Street/QEW bridge. The camera was situated on the southeast corner of the Niagara Street bridge. During normal operation, the camera faced east to monitor the Garden City Skyway. [3] Starting at about 3:50 p.m., April 9, 2023, the camera captured the southwest side of the bridge. NRPS, Ontario Provincial Police, and EMS vehicles were stopped on the on-ramp to westbound QEW. A marked NRPS SUV [operated by the SO] was stopped in one of the southbound lanes of the overpass and two other NRPS vehicles blocked the entrance onto the bridge [southbound].
Below the bridge was a grass median, which was where the Complainant landed after she jumped, directly west of the SO’s cruiser.
Audio Recordings
On April 14, 2023, the NRPS provided the SIU with the 911 call and radio communications recordings related to this incident.911 Call
On April 9, 2023, at 3:32 p.m., NRPS received a 911 call from the Complainant. She asked to speak with EMS and, when transferred, reported being on a bridge at Niagara Street and Dunkirk Road in St. Catharines. She told the EMS dispatcher, “I’m on the bridge, and I’m going to go off.” The Complainant was asked to remain on the phone and walk off the bridge. She explained that she had been “feeling this way for a while” and had spoken to a psychiatrist. She told the EMS dispatcher that she was on the bridge over a grassy area, beside the QEW. Attempts were made to have the Complainant leave the area, but she refused. She reported that the police had arrived and she was told that they were there to help her. The call was then terminated.
Radio Transmissions [4]
On April 9, 2023, at 3:34:56 p.m., a NRPS dispatcher requested several units to the area of Niagara Street and Dunkirk Road for a woman who was threatening to jump off the bridge.
Starting at about 3:36:23 p.m., the SO arrived on scene. A short time later, WO #1 and WO #4 arrived. They blocked all southbound traffic on the bridge. The SO advised dispatch that she could see the Complainant as she talked on her cellphone. She was informed that the Complainant was talking to the EMS dispatcher as they listened in on the call.
Starting at about 3:38:37 p.m., WO #4 advised that the Complainant had both legs over the railing and, a short time later, that she had jumped and landed on the grass area below, on the north side of the bridge.
Starting at about 3:39:56 p.m., the SO advised that the Complainant was conscious and breathing. EMS was requested.
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the NRPS between April 9 and 14, 2023:• Occurrence Report;
• CAD report;
• Communications and 911 recordings;
• Photographs;
• Arrest Details – the Complainant;
• Notes – WO #1;
• Notes – WO #2;
• Notes – WO #3;
• Notes – WO #4; and
• Notes – the SO.
Materials Obtained from Other Sources
The SIU obtained the following records from other sources between April 17, 2023, and May 2, 2023:• The Complainant’s medical records from the HGH; and
• Video footage from the Ministry of Transportation.
Incident Narrative
The material events in question, clear on the evidence collected by the SIU, may briefly be summarized. As was her legal right, the SO chose not to interview with the SIU; however, she did authorize the release of her notes.
At about 3:34 p.m. of April 9, 2023, NRPS officers were dispatched to the Niagara Street overpass of the Queen Elizabeth Way, St. Catharines. A woman – the Complainant – had contacted 911 to report that she was on the bridge and intending to end her life by jumping.
The SO arrived within a minute or two of the call and located the Complainant standing on the west sidewalk of the bridge over the westbound lanes of the Queen Elizabeth Way. Other officers also arrived and blocked southbound traffic on the bridge. The Complainant was on her cellphone. Learning that she was speaking with the EMS call-taker, the SO, stopped in her cruiser adjacent to the Complainant, decided to allow that conversation to end before intervening. When it did end shortly thereafter, the officer exited her cruiser and stood next to her driver’s door.
The Complainant was unresponsive as the SO asked if she was okay. Rather, she quickly climbed over the guardrail and stood briefly on the outside lip of the rail facing west before jumping and landing on a grassy median north of the highway.
The SO and other officers quickly ran to her location and rendered assistance.
The Complainant was transported to hospital and diagnosed with multiple fractures.
At about 3:34 p.m. of April 9, 2023, NRPS officers were dispatched to the Niagara Street overpass of the Queen Elizabeth Way, St. Catharines. A woman – the Complainant – had contacted 911 to report that she was on the bridge and intending to end her life by jumping.
The SO arrived within a minute or two of the call and located the Complainant standing on the west sidewalk of the bridge over the westbound lanes of the Queen Elizabeth Way. Other officers also arrived and blocked southbound traffic on the bridge. The Complainant was on her cellphone. Learning that she was speaking with the EMS call-taker, the SO, stopped in her cruiser adjacent to the Complainant, decided to allow that conversation to end before intervening. When it did end shortly thereafter, the officer exited her cruiser and stood next to her driver’s door.
The Complainant was unresponsive as the SO asked if she was okay. Rather, she quickly climbed over the guardrail and stood briefly on the outside lip of the rail facing west before jumping and landing on a grassy median north of the highway.
The SO and other officers quickly ran to her location and rendered assistance.
The Complainant was transported to hospital and diagnosed with multiple fractures.
Analysis and Director's Decision
The Complainant was seriously injured in a fall from height in St. Catharines on April 9, 2023. As police officers were present at the time of the fall, the SIU was notified of the incident 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 SO had just arrived on scene and did what little she could before the Complainant climbed the overpass railing and jumped. The officer was prudent to approach the Complainant cautiously, choosing to wait for her conversation with an EMS call-taker to conclude before asserting her presence. Thereafter, the Complainant acted with such haste that there simply was no opportunity for the SO to do anything other than to implore her return to safety. The speed with which events unfolded also prevented the deployment of mental health resources to the scene, such as the police service’s crisis and mental health support teams. On this record, there is no evidence of any want of care on the part of the SO causing or contributing to the Complainant’s jump and serious injuries.
In the result, as there are no reasonable grounds to conclude that the SO comported herself other than lawfully throughout her brief engagement with the Complainant, there is no basis for proceeding with criminal charges in this case. The file is closed.
Date: August 3, 2023
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
The SO had just arrived on scene and did what little she could before the Complainant climbed the overpass railing and jumped. The officer was prudent to approach the Complainant cautiously, choosing to wait for her conversation with an EMS call-taker to conclude before asserting her presence. Thereafter, the Complainant acted with such haste that there simply was no opportunity for the SO to do anything other than to implore her return to safety. The speed with which events unfolded also prevented the deployment of mental health resources to the scene, such as the police service’s crisis and mental health support teams. On this record, there is no evidence of any want of care on the part of the SO causing or contributing to the Complainant’s jump and serious injuries.
In the result, as there are no reasonable grounds to conclude that the SO comported herself other than lawfully throughout her brief engagement with the Complainant, there is no basis for proceeding with criminal charges in this case. The file is closed.
Date: August 3, 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]
- 2) The following records contain sensitive personal information and are not being released pursuant to section 34(2) of the Special Investigations Unit Act, 2019. The material portions of the records are summarized below. [Back to text]
- 3) The camera can be remotely controlled by the system operators when they are alerted to an event in the area of one of the system cameras. [Back to text]
- 4) The times for the transmissions are approximations. They were derived by cross-referencing the communications with the computer-assisted dispatch (CAD) report. [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.