SIU Director’s Report - Case # 23-OOD-122
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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 death of 14-year-old youth (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 death of 14-year-old youth (the “Complainant”).
The Investigation
Notification of the SIU [1]
On April 23, 2023, at 9:28 a.m., the Timmins Police Service (TPS) notified the SIU of the death of the ComplainantAccording to the TPS, on April 23, 2023, at 3:23 a.m., a 14-year-old youth called 911, and threatened death by suicide. Police were dispatched to a residence in the area of Algonquin Boulevard West and Mountjoy Street South – where the call originated – arriving within minutes. The Complainant had discharged a shotgun and was deceased.
The Team
Date and time team dispatched: 04/23/2023 at 10:00 a.m.Date and time SIU arrived on scene: 04/23/2023 at 10:57 a.m.
Number of SIU Investigators assigned: 4
Number of SIU Forensic Investigators assigned: 1
Affected Person (aka “Complainant”):
14-year-old youth; deceasedSubject 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 received and interview deemed not necessary
WO #3 Not interviewed; notes received and interview deemed not necessary
The witness official was interviewed on July 22, 2023.
Evidence
The Scene
The events in question transpired in a bathroom of a house in the area of Algonquin Boulevard West and Mountjoy Street South, Timmins. Video/Audio/Photographic Evidence [2]
Communications Recordings
The recording captured the Complainant calling police and advising a dispatcher that he was going to shoot himself. The dispatcher asked him why and he responded that it did not matter. The dispatcher said they were there to help.The dispatcher and the Complainant discussed the home, the presence of a firearm and whether others were in the home. The Complainant requested that police respond without sirens out of concern for his family.
The dispatcher told the Complainant that help was on the way and asked him to stay on the line. The Complainant asked how long it would take until the officers arrived. The dispatcher advised they had a police officer outside right then, parked at the corner waiting for another police officer to attend and asked for him to give her one second. The Complainant hung up the phone.
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the TPS between April 24, 2023, and July 21, 2023:- Record of computer-assisted dispatch;
- Communications recordings;
- In-car camera system footage;
- Photographs;
- Occurrence Summary;
- Notes – the SO;
- Notes – WO #1;
- Notes – WO #2;
- Notes – WO #3;
- Statement (audio and written summary) – Next-of-kin (NOK) 1;
- Statement (audio and written statement) - NOK 2;
- Statement (audio and written statement) - NOK 4;
- Statement (audio and written statement) - NOK 3;
- Sudden Death Report;
- A note left by the Complainant;
- Identification reports; and
- Policy - Responding to Persons with Mental Illness Emotionally Disturbed.
Incident Narrative
The material events in question are clear on the evidence collected by the SIU and may briefly be summarized. As was his legal right, the SO did not agree an interview with the SIU. He did authorize the release of his notes.
In the early morning of April 23, 2023, officers were dispatched to a residence in the area of Algonquin Boulevard West and Mountjoy Street South, Timmins. A resident of the home, the Complainant, had called 911 at about 3:20 a.m. to report that he was about to shoot himself. The Complainant told the call-taker where he was in the home and asked that officers responding to the address not use their emergency equipment as he did not want to alarm family members.
The SO was among the officers who responded to the scene, arriving at about 3:27 a.m., and led the police efforts to reach the Complainant. The officer learned that the Complainant had access to guns inside the home. Efforts were made to contact the Complainant via phone and a microphone, with negative results. The area around the home was contained and Emergency Medical Services were asked to be on stand-by.
At about 4:30 a.m., about an hour after his arrival on scene, the SO and several other officers entered the home. They cleared the main floor, noting that two firearms appeared to be missing from a gun cabinet, and then made their way upstairs where they found the body of the Complainant. The Complainant was deceased in a bathtub, a pump action shotgun over his upper body. A note was found in the bathroom sink.
Cause of Death
The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to an intraoral shotgun wound.
In the early morning of April 23, 2023, officers were dispatched to a residence in the area of Algonquin Boulevard West and Mountjoy Street South, Timmins. A resident of the home, the Complainant, had called 911 at about 3:20 a.m. to report that he was about to shoot himself. The Complainant told the call-taker where he was in the home and asked that officers responding to the address not use their emergency equipment as he did not want to alarm family members.
The SO was among the officers who responded to the scene, arriving at about 3:27 a.m., and led the police efforts to reach the Complainant. The officer learned that the Complainant had access to guns inside the home. Efforts were made to contact the Complainant via phone and a microphone, with negative results. The area around the home was contained and Emergency Medical Services were asked to be on stand-by.
At about 4:30 a.m., about an hour after his arrival on scene, the SO and several other officers entered the home. They cleared the main floor, noting that two firearms appeared to be missing from a gun cabinet, and then made their way upstairs where they found the body of the Complainant. The Complainant was deceased in a bathtub, a pump action shotgun over his upper body. A note was found in the bathroom sink.
Cause of Death
The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to an intraoral shotgun wound.Analysis and Director's Decision
The Complainant passed away on April 23, 2023, the result of a self-inflicted gunshot wound. As TPS officers were either responding to the scene, or present in the vicinity, at the time of the shooting, 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 death.
There is no indication of any want of care on the part of the SO or any TPS officer contributing to the Complainant’s death. The officer was right to approach the scene cautiously given information that the Complainant was in possession of a firearm. After their efforts to contact the Complainant from outside the home were exhausted, the officer led a team into the house to locate him. Within moments of their entry, the officers located a clearly deceased Complainant.
It remains unclear precisely when the Complainant took his life. He was alive and speaking with the 911 call-taker as late as about 3:22 a.m., and he was found deceased just over an hour later. Be that as it may, 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 death, there is no basis for proceeding with charges. 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 or any TPS officer contributing to the Complainant’s death. The officer was right to approach the scene cautiously given information that the Complainant was in possession of a firearm. After their efforts to contact the Complainant from outside the home were exhausted, the officer led a team into the house to locate him. Within moments of their entry, the officers located a clearly deceased Complainant.
It remains unclear precisely when the Complainant took his life. He was alive and speaking with the 911 call-taker as late as about 3:22 a.m., and he was found deceased just over an hour later. Be that as it may, 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 death, there is no basis for proceeding with charges. 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.