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 injuries of a 43-year-old man (the “Complainant”).

Notification of the SIU [1]

On June 27, 2023, at 10:55 p.m., the Halton Regional Police Service (HRPS) contacted the SIU with the following information.

In the early evening of June 27, 2023, HRPS police officers were dispatched to an apartment in the area of Dynes Road and Prospect Street, Burlington, regarding a disturbance involving alcohol. A man of that address, later identified as the Complainant, had brandished a handgun and pointed it at Halton Paramedic - Emergency Medical Services (EMS) paramedics. At 9:36 p.m., after the Complainant refused to comply with police commands, he pointed a handgun at police officers. A police officer, the Subject Official (SO), fired a single gunshot in response, striking the Complainant in the left arm. At 10:22 p.m., police officers arrested the Complainant, and he was transported by EMS to the Hamilton General Hospital (HGH).

The Scene

The events in question transpired in and around the Complainant’s residence located in the area of Dynes Road and Prospect Street, Burlington.

On June 28, 2023, at 12:55 a.m., a SIU forensic investigator arrived at the address. The area around the Complainant’s apartment was under police guard.

A Hornady 5.56mm cartridge case was found on the floor in the hall, across from elevators.

The hallway scene was photographed, including the cartridge case.

The door to the Complainant’s apartment was damaged near the lower centre, and a hole was visible through the door. Staining was present on the door, frame and sill, and on the wall and ceiling across from the doorway. A larger amount of staining was on the walls, furniture, and floor within the unit. Apparent weapons were found on a couch in the living room, including an air pistol, which had the appearance of a black handgun. A second weapon had the appearance of a carbine or handgun with a shoulder stock attached, which was also an air pistol or air rifle. Knives lay on the couch and on a bed.

The interior of the unit was photographed.

At 2:46 a.m., a SIU forensic investigator attended HRPS 30 Division. Photographs were taken of the service weapon that had reportedly been discharged in the course of the incident under investigation - a 5.56mm C8 carbine rifle, with a detachable magazine containing 27 rounds of ammunition. Arrangements were made to collect the rifle from HRPS Headquarters on June 29, 2023.

At 3:15 a.m., the SIU forensic investigator returned to the scene. An in-depth search of the apartment hallway was conducted, including bright light search of the hallway on both sides of the Complainant’s unit. A horizontal gouge was found along the wall. The gouge appeared consistent with a projectile impact. The horizontal gouge was photographed. A copper-coloured deformed metal projectile was found on the floor of the hallway further down the hall. The base of the projectile showed firearms markings. The items were photographed, measured, and collected. No further items or impacts were found.

On June 29, 2023, at 7:00 a.m., a SIU forensic investigator attended at HRPS Headquarters and collected the 5.56mm C8 carbine rifle.

Physical Evidence

The following exhibits were collected by the SIU:

• Item 1- Hornady 5.56mm cartridge case;
• Item 2- 5.56mm C8 carbine rifle, with a detachable magazine containing 27 rounds of ammunition; and
• Item 3-Deformed metal projectile.

Figure 1 – The C8 carbine rifle and magazine

Video/Audio/Photographic Evidence [2]

HRPS Negotiation Recordings

The HRPS negotiation recordings were requested by the SIU on June 28, 2023, and received on July 17, 2023. When reviewed, they were found to be blank. WO #6, the primary negotiator, advised in her interview that the recording equipment had malfunctioned.

The evidence gathered by the SIU, including interviews with the Complainant and the SO, and video footage that captured the incident in parts, gives rise to the following scenario.

Section 34, Criminal Code - Defence of Person – Use or Threat of Force

34 (1) A person is not guilty of an offence if

(a)  they believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

(b)  the act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

(c)   the act committed is reasonable in the circumstances. 

(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

                        (a) the nature of the force or threat;

(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

(c) the person’s role in the incident;

(d) whether any party to the incident used or threatened to use a weapon;

(e) the size, age, gender and physical capabilities of the parties to the incident;

(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

(f.1) any history of interaction or communication between the parties to the incident;

(g) the nature and proportionality of the person’s response to the use or threat of force; and

(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

(3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

Section 87(1), Criminal Code -- Pointing a Firearm

The Complainant was seriously injured when he was shot by a HRPS officer on June 27, 2023, in Burlington. In the ensuing SIU investigation of the incident, the officer who fired his weapon – 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 shooting.