SIU Director’s Report - Case # 23-PCI-119
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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 40-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 40-year-old woman (the “Complainant”).
The Investigation
Notification of the SIU [1]
On April 20, 2023, at about 1:07 a.m., the OPP contacted the SIU with the following information.On April 19, 2023, at about 8:49 p.m., the OPP were called to an apartment building in the area of Main Street East and Wallace Avenue North, Listowel, for noise complaints. While OPP officers were inside the apartment, the Complainant hid in a closet, put on a wig, and started acting strange. Without warning, the Complainant ran to the balcony and jumped over. She was taken to the Listowel Memorial Hospital with suspected back injuries.
The Team
Date and time team dispatched: 04/20/2023 at 3:05 p.m.Date and time SIU arrived on scene: 04/20/2023 at 3:50 p.m.
Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 0
Affected Person (aka “Complainant”):
40-year-old female; interviewed; medical records obtained and reviewedThe Complainant was interviewed on April 21, 2023.
Civilian Witnesses (CW)
CW #1 Interviewed CW #2 Interviewed
CW #3 Interviewed
The civilian witnesses were interviewed between April 21, 2023, and April 27, 2023.
Subject Official (SO)
SO Declined interview and to provide notes, as is the subject official’s legal rightWitness Officials (WO)
WO #1 Interviewed WO #2 Interviewed
WO #3 Interviewed
The witness officials were interviewed on April 27, 2023.
Evidence
The Scene
The events in question transpired on and around a balcony of an apartment building in the area of Main Street East and Wallace Avenue North, Listowel. At the time of intake, no SIU forensic investigator was dispatched. The OPP had already taken scenes of crime officer (SOCO) photographs, which were received by the SIU on April 24, 2023.
Video/Audio/Photographic Evidence [2]
Communications Recordings and Computer-assisted Dispatch (CAD) Report
On April 26, 2023, the SIU obtained a copy of the pertinent communications recordings from the OPP. The CAD Report was received on May 12, 2023.On April 19, 2023, starting at about 8:49 p.m., WO #2 was dispatched to a fight in an apartment building in the area of Main Street East and Wallace Avenue North, Listowel. WO #2 broadcast that CW #1 was in the apartment building. Crashing and banging were reported, as was the fact that the Complainant was present. She had been banned from the building and just released from prison.
Starting at about 8:52 p.m., WO #3 and the SO were sent just as the dispatcher reported the fighting had stopped, and there was an outstanding warrant for the Complainant.
Starting at about 8:57 p.m., the SO reported they were inside the apartment looking for the Complainant.
Starting at about 8:58 p.m., WO #2 asked for EMS because the Complainant had fallen from a balcony.
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the OPP Perth County Detachment between April 24, 2023, and May 12, 2023:- Event Chronology;
- CAD;
- Communications recordings;
- Charge Summary Report;
- General Occurrence Report;
- Notes of WO #3;
- Notes of WO #2;
- Notes of WO #1;
- SOCO photographs of scene;
- Witness statement of CW #1;
- Witness statement of CW #2;
- Involved Persons Report; and
- Involved Officer Reports.
Materials Obtained from Other Sources
The SIU obtained the following records from other sources:- The Complainant’s medical records from London Health Sciences Centre Victoria Hospital and Listowel Memorial Hospital, received May 15, 2023.
Incident Narrative
The evidence collected by the SIU, including interviews with the Complainant and a police and civilian witness who observed the events in question, gives rise to the following scenario. As was her legal right, the SO chose not to interview with the SIU or authorize the release of her notes.
In the evening of April 19, 2023, the SO and WO #3 were dispatched to an apartment building in the area of Main Street East and Wallace Avenue North, Listowel. The police had received a report a domestic disturbance in the apartment involving the Complainant and CW #1. The Complainant was wanted by police for breaching the terms of a judicial release order – she had removed a monitoring device from her person.
When no one answered their knocks on the door, the officers entered CW #1’s apartment and eventually located the Complainant hiding in a closet. She had donned a wig with black hair. The Complainant stepped out from the closet at the officers’ request and proceeded to walk past them out of the room. The SO and WO #3 followed her into an adjacent bedroom as she made her way onto a balcony and jumped.
An officer at ground level – WO #1 – rushed to her aid, rendered assistance, and called for paramedics.
The Complainant was taken to hospital and diagnosed with multiple fractures.
In the evening of April 19, 2023, the SO and WO #3 were dispatched to an apartment building in the area of Main Street East and Wallace Avenue North, Listowel. The police had received a report a domestic disturbance in the apartment involving the Complainant and CW #1. The Complainant was wanted by police for breaching the terms of a judicial release order – she had removed a monitoring device from her person.
When no one answered their knocks on the door, the officers entered CW #1’s apartment and eventually located the Complainant hiding in a closet. She had donned a wig with black hair. The Complainant stepped out from the closet at the officers’ request and proceeded to walk past them out of the room. The SO and WO #3 followed her into an adjacent bedroom as she made her way onto a balcony and jumped.
An officer at ground level – WO #1 – rushed to her aid, rendered assistance, and called for paramedics.
The Complainant was taken to hospital and diagnosed with multiple fractures.
Analysis and Director's Decision
The Complainant was seriously injured in a fall from a bedroom balcony in Listowel on April 19, 2023. As OPP 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 fall.
There is no indication of any want of care on the part of the SO causing or contributing to the Complainant’s fall. The officer was in the lawful execution of her duty as she responded to an address to investigate a call for service involving a domestic disturbance. She was also within her rights in seeking to take the Complainant into custody for breaches of a judicial release order – she had removed a monitoring device and was unlawfully present at the home of her partner. Regrettably, before either officer could conclude their investigation, the Complainant moved towards a bedroom balcony where she scaled the railing and jumped. There was very little opportunity for either officer to process what the Complainant was doing, much less to take any steps to prevent her from jumping.
In the result, as there are no reasonable grounds to conclude that the SO transgressed the limits of care prescribed by the criminal law in her brief dealings with the Complainant, there is no basis for proceeding with charges in this case. The file is closed.
Date: August 18, 2023
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
There is no indication of any want of care on the part of the SO causing or contributing to the Complainant’s fall. The officer was in the lawful execution of her duty as she responded to an address to investigate a call for service involving a domestic disturbance. She was also within her rights in seeking to take the Complainant into custody for breaches of a judicial release order – she had removed a monitoring device and was unlawfully present at the home of her partner. Regrettably, before either officer could conclude their investigation, the Complainant moved towards a bedroom balcony where she scaled the railing and jumped. There was very little opportunity for either officer to process what the Complainant was doing, much less to take any steps to prevent her from jumping.
In the result, as there are no reasonable grounds to conclude that the SO transgressed the limits of care prescribed by the criminal law in her brief dealings with the Complainant, there is no basis for proceeding with charges in this case. The file is closed.
Date: August 18, 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]
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.