SIU Director’s Report - Case # 23-PFP-319
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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 by the police at a 16-year-old male (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 by the police at a 16-year-old male (the “Complainant”).
The Investigation
Notification of the SIU [1]
On August 9, 2023, at 1:30 p.m., the Ontario Provincial Police (OPP) contacted the SIU with the following information.On August 9, 2023, at 11:35 a.m., police officers with the Orillia OPP attended a home in Orillia for a family dispute. Upon arrival, officers were informed that the Complainant, a 16-year-old boy with autism, refused to take his medications and had not slept for 27 hours. It was further reported that he had assaulted and choked two family members, CW #1 and CW #2. When the Complainant saw officers in his home, he produced a knife. The Complainant was shot in the abdomen once with an Anti-riot Weapon ENfield (ARWEN) round fired by the Subject Official (SO), after which he was arrested. The Complainant was transported by ambulance to Orillia Soldiers’ Memorial Hospital and diagnosed with a large welt to the left abdomen but no serious injuries. He was subsequently transported to the Royal Victoria Regional Health Centre.
The Team
Date and time team dispatched: 2023/08/09 at 3:41 p.m.Date and time SIU arrived on scene: 2023/08/09 at 8:05 p.m.
Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 1
Affected Person (aka “Complainant”):
16-year-old male; declined interviewCivilian Witnesses (CW)
CW #1 InterviewedCW #2 Interviewed
CW #3 Interviewed
The civilian witnesses were interviewed on August 12, 2023.
Subject Official
SO Declined interview, as is the subject official’s legal right; notes received and reviewed Witness Officials (WO)
WO #1 Interviewed WO #2 Interviewed
WO #3 Interviewed
WO #4 Interviewed
The witness officials were interviewed on August 12, 2023.
Evidence
The Scene
The events in question transpired in a hallway of a house in Orillia.On August 9, 2023, at 8:05 p.m., a SIU forensic investigator attended the residence. In a hallway was a spent ARWEN cartridge case and an ARWEN projectile. Both of these items were photographed and collected as evidence.
The bedroom was in disarray. There was a kitchen paring knife on the floor just inside the bedroom door. The knife had a nine to ten-centimetre-long blade. The knife was photographed but not collected as evidence as it remained of interest to the OPP for their investigation.
At 9:45 p.m., the scene was released to the OPP.
Physical Evidence
The ARWEN which deployed the projectile had been secured at the OPP Orillia Detachment. At 10:15 p.m., August 9, 2023, a SIU forensic investigator attended the detachment and examined the ARWEN. It appeared to be in functional condition. The ARWEN was photographed but not collected as evidence. An ARWEN cartridge case and an ARWEN projectile were collected at the scene and secured for storage at SIU headquarters.
Figure 1 – The SO’s ARWEN
Figure 2 – ARWEN projectile
Figure 3 – ARWEN cartridge
Video/Audio/Photographic Evidence [2]
OPP Radio Communications/911 Call
On August 9, 2023, starting at about 11:32 a.m., CW #3 called 911. She reported the Complainant was experiencing a mental health crisis. He had choked a family member and hit another family member. He refused to take his medications and had been awake for about 20 hours. He was in his bedroom and behaving destructively. The Complainant yelled in the background, “Fuck you, police.” He had barricaded himself in a bedroom and was in possession of a paring knife. He subsequently came out of the room, threatened a family member, and choked her, after which he returned to the bedroom with the knife. The dispatcher advised CW #3 to have the family members leave the house.
Starting at about 11:34 a.m., police officers were dispatched to the address. A dispatcher broadcast the information received from CW #3. The dispatcher advised the Complainant had been violent towards police officers in the past.
Starting at about 11:36 a.m., a dispatcher called paramedic services to attend for a mental health call. Paramedic services were advised an autistic child had had an episode and choked a family member. They were advised of the knife and warned to not approach the house.
Starting at about 11:41 a.m., police officers arrived on scene. A police officer – WO #2 – advised an ARWEN had been deployed. He also advised the Complainant was in custody.
Starting at about 11:50 a.m., the SO contacted the Provincial Communications Centre supervisor and advised that he had deployed an ARWEN round. The Complainant was struck in the upper left abdomen. The SO explained the Complainant had stepped towards police officers with a knife.
Materials Obtained from Police Service
The SIU obtained the following records from the OPP between August 11, 2023, and September 12, 2023: - Notes – WO #1;
- Notes – WO #2;
- Notes – WO #3;
- Notes – WO #4;
- Radio communications;
- 911 call;
- Information from computer-aided dispatch;
- General Occurrence Report;
- Supplementary Report;
- Arrest Report;
- Witness Statement – CW #2;
- Witness Statement – CW #3;
- Undertaking for the Complainant;
- The SO’s ARWEN training records;
- The SO’s Use of Force training records;
- Use of Force Policy; and
- Mental Health/Persons in Crisis Policy.
Incident Narrative
The material events in question, clear on the evidence collected by the SIU, may briefly be summarized. As was his legal right, the SO chose not to interview with the SIU or authorize the release of his notes.
At about 11:30 a.m. of August 9, 2023, the OPP received a 911 call from a residence in Orillia. CW #3 was calling to report a domestic disturbance at the home. The Complainant – 16 years old – was in possession of a knife and had assaulted two family members while in mental health crisis. CW #3 explained that the Complainant had since sought refuge in a bedroom, the knife still in hand. Officers were dispatched to the address.
WO #4 and WO #3 were the first officers to arrive on scene. They were followed closely by the SO and WO #1 of the OPP Emergency Response Team; the former held an ARWEN at the ready, the latter had a CEW. The SO and WO #1 entered the house and took up a position at the end of a hallway from the bedroom. The SO called-out to the Complainant and indicated they were police officers.
The Complainant opened the bedroom door and stepped out into the hallway. A knife was in his right hand. Told to drop the weapon by the SO, the Complainant drove the knife into the wall to his right and left it there. Moments later, he retrieved the knife from the wall, threatened to kill the SO and WO #1, and started walking towards them. The Complainant had not advanced very much before he was struck by an ARWEN round, dropped the knife, and fell down.
The SO had fired his ARWEN. The time was about 11:45 a.m.
The Complainant was handcuffed without further incident.
Paramedics arrived at the scene and transported the Complainant to hospital where he was diagnosed with soft-tissue injury to the abdomen.
At about 11:30 a.m. of August 9, 2023, the OPP received a 911 call from a residence in Orillia. CW #3 was calling to report a domestic disturbance at the home. The Complainant – 16 years old – was in possession of a knife and had assaulted two family members while in mental health crisis. CW #3 explained that the Complainant had since sought refuge in a bedroom, the knife still in hand. Officers were dispatched to the address.
WO #4 and WO #3 were the first officers to arrive on scene. They were followed closely by the SO and WO #1 of the OPP Emergency Response Team; the former held an ARWEN at the ready, the latter had a CEW. The SO and WO #1 entered the house and took up a position at the end of a hallway from the bedroom. The SO called-out to the Complainant and indicated they were police officers.
The Complainant opened the bedroom door and stepped out into the hallway. A knife was in his right hand. Told to drop the weapon by the SO, the Complainant drove the knife into the wall to his right and left it there. Moments later, he retrieved the knife from the wall, threatened to kill the SO and WO #1, and started walking towards them. The Complainant had not advanced very much before he was struck by an ARWEN round, dropped the knife, and fell down.
The SO had fired his ARWEN. The time was about 11:45 a.m.
The Complainant was handcuffed without further incident.
Paramedics arrived at the scene and transported the Complainant to hospital where he was diagnosed with soft-tissue injury to the abdomen.
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.
Analysis and Director's Decision
On August 9, 2023, the OPP contacted the SIU to report that one of their officers – the SO – had fired an ARWEN at a young male – the Complainant – earlier that day. The SIU initiated an investigation naming the SO 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 use of the ARWEN.
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 subject to arrest at the time the SO fired his weapon. Based on the information the officers had of the 911 call, and their personal observations of the Complainant armed with a knife in the house, they were within their rights in seeking to take the Complainant into custody.
With respect to the ARWEN discharge, I am satisfied that it constituted legally justified force in aid of the Complainant’s arrest. The SO had just been threatened with death by the Complainant, who was brandishing a knife and advancing on the officer. Coupled with what he knew of the Complainant’s violence that prompted the 911 call, the SO would have had good reason to believe that he was at risk of an imminent knife attack by the Complainant. On this record, it is apparent that the force used by the officer was measured and necessary. If the ARWEN worked as intended, it would temporarily incapacitate the Complainant from a distance without inflicting serious injury, thereby allowing officers to safely move in and effect the Complainant’s arrest. That is precisely what happened.
For the foregoing reasons, there is no basis for proceeding with criminal charges against the SO.
Date: December 7, 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.
The Complainant was subject to arrest at the time the SO fired his weapon. Based on the information the officers had of the 911 call, and their personal observations of the Complainant armed with a knife in the house, they were within their rights in seeking to take the Complainant into custody.
With respect to the ARWEN discharge, I am satisfied that it constituted legally justified force in aid of the Complainant’s arrest. The SO had just been threatened with death by the Complainant, who was brandishing a knife and advancing on the officer. Coupled with what he knew of the Complainant’s violence that prompted the 911 call, the SO would have had good reason to believe that he was at risk of an imminent knife attack by the Complainant. On this record, it is apparent that the force used by the officer was measured and necessary. If the ARWEN worked as intended, it would temporarily incapacitate the Complainant from a distance without inflicting serious injury, thereby allowing officers to safely move in and effect the Complainant’s arrest. That is precisely what happened.
For the foregoing reasons, there is no basis for proceeding with criminal charges against the SO.
Date: December 7, 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.