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 serious injury of a 52-year-old man (the “Complainant”).

Notification of the SIU [1]

On June 17, 2023, at 8:36 a.m., the Ontario Provincial Police (OPP) notified the SIU of an injury to the Complainant.

According to the OPP, on June 17, 2023, at 12:30 a.m., the OPP responded to a call about a suicidal man at an address in Wasaga Beach. When officers arrived, the Complainant exited the front door with a knife in hand and OPP officers deployed a conducted energy weapon (CEW). The Complainant fled back into the unit. He came out a second time with his hand in the air and approached the officers, falling to the ground and injuring himself. The Complainant was apprehended under the Mental Health Act (MHA) and taken to Collingwood General and Marine Hospital, where he was diagnosed with a fractured right knee. He had been released by the hospital and was being held at the OPP Huronia Detachment in Wasaga Beach for a bail hearing related to an earlier domestic-related incident.

The Scene

The events in question transpired outside the front door of a residence in Wasaga Beach.

Physical Evidence

On July 10, 2023, the OPP provided the SIU with a photograph of the knife that was held by the Complainant.



Figure 1 – The Complainant’s knife

Forensic Evidence

CEW Data – The WO

On June 26, 2023, the SIU received deployment data from the OPP in connection with the CEW assigned to the WO.

The CEW was discharged on June 17, 2023, at 12:04 a.m. [2]

Video/Audio/Photographic Evidence [3]

Communications Recordings

On June 22, 2023, the OPP provided the communications recordings in connection with the incident to the SIU.

On June 16, 2023, starting at about 11:18 p.m., a woman called 911 to report that the Complainant had threatened suicide at a residence in Wasaga Beach. He was alone in the apartment and was trying to kill himself. She did not have a key and he would not let her inside. The Complainant had been drinking and smoking marijuana. She further indicated that he had already cut his throat with a knife but was still conscious and screaming at her through the door. She continued to ask the Complainant to open the door while on the phone. The call-taker advised her to stop for her safety and noted that the police were on their way. The Complainant was aware the police had been contacted.

The record of computer-assisted dispatch (CAD) indicated that the WO and the SO were dispatched at 11:21 p.m., and that the ambulance service was advised.

Starting at about 11:26 p.m., the OPP officers began to arrive on scene.

Starting at about 11:32 p.m., there was a broadcast that the Complainant was in custody. The WO advised that he had discharged his CEW, but it was not successful.

The Complainant had been apprehended under the MHA with no criminal charges at that time.

Starting at about 11:52 p.m., the Complainant was being taken to the Collingwood General and Marine Hospital.

Starting at about 3:33 a.m., on June 17, 2023, there was a broadcast that the Complainant had a fracture to his knee cap.
 

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the OPP between June 19, 2023, and July 13, 2023:

• CEW data;
• Photograph of the knife;
• Notes – the SO;
• Notes – the WO;
• Case File Synopsis;
• Arrest Report;
• Record of CAD;
• Communications recordings;
• General Report; and
• Involved Person Report.

Materials Obtained from Other Sources

The SIU obtained the following record from other sources:

• The Complainant’s medical records from the Collingwood General and Marine Hospital, received June 28, 2023; and
• County of Simcoe Paramedic Service - Ambulance Call Report, received June 28, 2023.

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

In the evening of June 16, 2023, the SO and the WO were dispatched to an address in Wasaga Beach. A woman had contacted police to report that the Complainant, a resident, was locked inside an apartment with a knife in his hand threatening to kill himself.

The officers arrived on scene and the SO, who knew the Complainant from previous professional dealings, took the lead in attempting to de-escalate the situation. The Complainant warned the SO that he would cut his throat if he entered the unit. Through a window, the officer could see that the Complainant had a knife in each hand.

After a period, the Complainant exited through the front doors with a knife in his hand, yelling that he wanted to kill himself. The SO had his firearm pointed at the Complainant. The WO had his CEW drawn. The Complainant was told to drop the knife, and did so before turning to walk away from the officers. The WO fired his CEW, but both probes did not strike the Complainant and he was able to retreat back into his unit, locking the door behind him.

The Complainant re-emerged through the front doors a short time later with his hands up and nothing in them. The WO approached and took hold of his left arm while the SO grabbed the right. The Complainant began to resist the officers’ efforts to position his arms behind the back, dropping them down towards his waist. The SO reacted by tripping the Complainant to the ground, after which the officers handcuffed him to the back.

Following his arrest, the Complainant was taken from the scene in ambulance to hospital where he was diagnosed with a fractured right knee.

Section 25(1), Criminal Code -- Protection of persons acting under authority

(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,

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,

The Complainant was seriously injured in the course of his arrest by OPP officers in Wasaga Beach on June 16, 2023. In the ensuing SIU investigation of the incident, one of the officers – 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 arrest and injury.

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.

The Complainant was of unsound mind at the time of the events culminating in his arrest. He was intoxicated by alcohol and drugs, behaving in a fashion at odds with what the SO had been accustomed from their former encounters, and threatening death to himself and others. In the circumstances, it would appear the officers were within their rights in seeking to apprehend him under section 17 of the Mental Health Act.

With respect to the force used by the SO in aid of the Complainant’s arrest, namely, a takedown, I am satisfied it was legally justified. The SO and the WO had seen the Complainant armed with a knife and heard him threaten to use it to do harm to himself and the officers. Until such time as they had the Complainant under control and could search him, they were justifiably concerned that he might yet be armed with weapons, even though his hands were empty. When the Complainant prevented that from happening peacefully, bringing his hands down towards his waist after the officers had physically engaged him, the SO acted reasonably in quickly forcing him to the ground. In that position, the officers could better expect to manage and mitigate the risk of further resistance by the Complainant, including his possibly accessing a knife or other weapon on his person.

In the result, while I accept that the Complainant’s injury is attributable to the takedown effected by the SO, it was not the result of any unlawful conduct on the part of the officer. As such, there is no basis for proceeding with criminal proceedings in this case. The file is closed.


Date: October 13, 2023

Electronically approved by

Joseph Martino
Director
Special Investigations Unit