SIU Director’s Report - Case # 23-OFP-110
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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 discharge of a firearm at a 34-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 the discharge of a firearm at a 34-year-old man (the “Complainant”).
The Investigation
Notification of the SIU
On April 13, 2023, at 6:05 p.m., the Brantford Police Service (BPS) contacted the SIU and reported an Anti-riot Weapon ENfield (ARWEN) discharge. According to the BPS, at 5:18 p.m., BPS received a call for a domestic dispute in progress. BPS officers were dispatched and located the Complainant at an address on Sheridan Street. The Complainant held a knife to his throat and was making utterances about dying by suicide. As police officers negotiated with him, a conducted energy weapon (CEW) and an ARWEN were deployed. The CEW deployment was successful, and the Complainant was taken into custody and transported to the Brantford General Hospital (BGH).
The Team
Date and time team dispatched: 04/13/2023 at 6:43 p.m.Date and time SIU arrived on scene: 04/13/2023 at 7:01 p.m.
Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 1
Affected Person (aka “Complainant”):
34-year-old male interviewed; medical records obtained and reviewedThe Complainant was interviewed on April 13, 2023.
Subject Officials
SO #1 Declined interview, as is the subject official’s legal right; notes received and reviewed. SO #2 Declined interview, as is the subject official’s legal right; notes received and reviewed.
Witness Officials
WO #1 Interviewed WO #2 Interviewed
WO #3 Interviewed
The witness officials were interviewed on April 21, 2023.
Evidence
The Scene
The events in question transpired on Sheridan Street, Brantford.A SIU forensic investigator attended the scene and completed an examination.
An ARWEN baton round was located under a car in a driveway, while a second one was located on the lawn of a residence.
Physical Evidence
The physical evidence included the Complainant’s knife, the ARWENs fired in the incident, and the ARWEN rounds that were discharged. 
Figure 1 - The Complainant's knife
Figure 2 - One of the subject officials’ ARWENs
Figure 3 - Discharged ARWEN round
Forensic Evidence
CEW Data Download – WO #1
At 5:23:04 p.m., [1] the CEW was armed with two cartridges.At 5:23:06 p.m., the trigger was pulled and cartridge one was deployed. The trigger was held for a duration of six seconds.
At 5:24:51 p.m., the CEW was rendered safe.
Video/Audio/Photographic Evidence [2]
Police Communications Recordings
At 5:17 p.m., a caller telephoned the BPS Communications Centre and reported having observed the Complainant with a small carving knife and asking a woman to kill him. The Complainant said he was going to kill himself and the woman was walking away. The Complainant left and was walking westbound onto Sheridan Street.At 5:17 p.m., police officers were dispatched on information that the Complainant was walking and holding a carving knife in his hand after having a dispute with a woman. He had asked the woman to kill him and said he was going to kill himself.
At 5:21 p.m., WO #3 advised that the Complainant had a small black pocketknife in his right back pocket when she dealt with him earlier.
At 5:23 p.m., a police officer advised dispatch that the Complainant had a knife to his throat and SO #1 was negotiating with him. They had an ARWEN out and the Complainant had dropped the knife.
A police officer advised dispatch that a CEW had been discharged, as was an ARWEN, and the Complainant was in custody.
At 5:24 p.m., an ambulance was requested for the Complainant due to an extended CEW cycle and one ARWEN discharge.
Materials Obtained from Police Service
The SIU obtained the following records from the BPS between April 17 and 18, 2023:- Record of computer-assisted dispatch;
- Involved Officer List;
- Scene photos;
- General Report;
- Notes- WO #2;
- Notes- WO #3;
- Notes- WO #1;
- Notes- SO #2;
- Notes- SO #1;
- Course Training Standard 2022 ARWEN;
- SO #1- Training Records;
- SO #2- Training Records;
- Use of Force qualifications- SO #2;
- Use of Force qualifications- SO #1;
- Supplementary Occurrence Reports;
- Communications recordings;
- CEW data download;
- Procedure- Arrest, Security, Prisoner Care and Control;
- Procedure- Police Response to Persons with Mental Illness or Emotionally Disturbed; and
- Procedure- Use of Force.
Materials Obtained from Other Sources
The SIU obtained the following records from the following other sources: - The Complainant’s medical records from BGH, received May 17, 2023.
Incident Narrative
At about 5:17 p.m. of April 13, 2023, BPS officers were dispatched to the area of Sheridan Street. A call had been received by police reporting a domestic dispute involving the Complainant and a woman. The Complainant was reportedly holding a knife, telling the woman to kill him, and saying he would kill himself.
Officers arrived to find the Complainant seated on the front stoop of a residence on Sheridan Street. He was holding a knife up against his neck. Armed with an ARWEN, SO #1 took up a position closest to the Complainant, several metres away by the front of her cruiser. SO #2, also in possession of an ARWEN, was in front of the Complainant at more of an angle. WO #1 was also in the vicinity, slightly behind SO #1 and armed with a CEW. The Complainant was distraught and indicated he wanted to die. He cried and told the officers to shoot him.
SO #1 took the lead in communicating with the Complainant. She asked him to drop the knife and tried to de-escalate the situation. The Complainant did eventually drop the knife, throwing it a short distance from his location. However, he quickly moved to retrieve it and was struck with the probes of a CEW fired by WO #1. The Complainant’s body locked-up and he fell backwards. Officers moved in and removed the knife from his reach, after which the Complainant was taken into custody. He had suffered no serious injury.
At the same time as the CEW discharge, SO #1 and SO #2 had each fired a single round from their ARWENs, neither of which struck the Complainant.
Officers arrived to find the Complainant seated on the front stoop of a residence on Sheridan Street. He was holding a knife up against his neck. Armed with an ARWEN, SO #1 took up a position closest to the Complainant, several metres away by the front of her cruiser. SO #2, also in possession of an ARWEN, was in front of the Complainant at more of an angle. WO #1 was also in the vicinity, slightly behind SO #1 and armed with a CEW. The Complainant was distraught and indicated he wanted to die. He cried and told the officers to shoot him.
SO #1 took the lead in communicating with the Complainant. She asked him to drop the knife and tried to de-escalate the situation. The Complainant did eventually drop the knife, throwing it a short distance from his location. However, he quickly moved to retrieve it and was struck with the probes of a CEW fired by WO #1. The Complainant’s body locked-up and he fell backwards. Officers moved in and removed the knife from his reach, after which the Complainant was taken into custody. He had suffered no serious injury.
At the same time as the CEW discharge, SO #1 and SO #2 had each fired a single round from their ARWENs, neither of which struck the Complainant.
Relevant Legislation
Section 25(1), Criminal Code -- Protection of persons acting under authority
25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law
(a) as a private person,(b) as a peace officer or public officer,(c) in aid of a peace officer or public officer, or(d) by virtue of his office,
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.
Section 17, Mental Health Act -- Action by police officer
17 Where a police officer has reasonable and probable grounds to believe that a person is acting or has acted in a disorderly manner and has reasonable cause to believe that the person,
(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,
and in addition the police officer is of the opinion that the person is apparently suffering from mental disorder of a nature or quality that likely will result in,
(d) serious bodily harm to the person;(e) serious bodily harm to another person; or(f) serious physical impairment of the person,
and that it would be dangerous to proceed under section 16, the police officer may take the person in custody to an appropriate place for examination by a physician.
Analysis and Director's Decision
On April 13, 2023, the BPS contacted the SIU to report that two of their officers – SO #1 and SO #2 – had fired ARWEN weapons at the Complainant just before his arrest earlier that day. The SIU initiated an investigation identifying the officers as subject officials. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that either subject official committed a criminal offence in connection with their use of the ARWENs.
Pursuant to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law.
I am satisfied that the Complainant was subject to apprehension under section 17 of the Mental Health Act when SO #1 and SO #2 fired their weapons. His behaviour gave them cause to believe that he was of unsound mind at the time and a danger to himself and others.
I am also satisfied that the force used by SO #1 and SO #2 against the Complainant was legally justified. The Complainant was thinking of dying by suicide and reaching for the knife, which he had just tossed away, leading officers to reasonably fear that he might do himself harm with it. In the circumstances, it was imperative that he be immediately immobilized from a safe distance. The use of the ARWEN had the reasonable prospect of doing just that without the infliction of serious injury. As did the CEW wielded by WO #1, which did in fact incapacitate the Complainant when the ARWEN rounds missed their mark.
In the result, there are no reasonable grounds to conclude that either subject official comported themselves other than lawfully in their dealings with the Complainant. As such, there is no basis for proceeding with criminal charges. The file is closed.
Date: August 11, 2023
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
Pursuant to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law.
I am satisfied that the Complainant was subject to apprehension under section 17 of the Mental Health Act when SO #1 and SO #2 fired their weapons. His behaviour gave them cause to believe that he was of unsound mind at the time and a danger to himself and others.
I am also satisfied that the force used by SO #1 and SO #2 against the Complainant was legally justified. The Complainant was thinking of dying by suicide and reaching for the knife, which he had just tossed away, leading officers to reasonably fear that he might do himself harm with it. In the circumstances, it was imperative that he be immediately immobilized from a safe distance. The use of the ARWEN had the reasonable prospect of doing just that without the infliction of serious injury. As did the CEW wielded by WO #1, which did in fact incapacitate the Complainant when the ARWEN rounds missed their mark.
In the result, there are no reasonable grounds to conclude that either subject official comported themselves other than lawfully in their dealings with the Complainant. As such, there is no basis for proceeding with criminal charges. The file is closed.
Date: August 11, 2023
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
Endnotes
- 1) The times are derived from the internal clock of the weapon, and are not necessarily synchronous with actual time. [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]
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.