SIU Director’s Report - Case # 23-OCI-396
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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 injury of a 63-year-old man (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 injury of a 63-year-old man (the “Complainant”).
The Investigation
Notification of the SIU [1]
On September 27, 2023, at 11:25 a.m., the Peel Regional Police (PRP) notified the SIU of an injury to the Complainant. According to the PRP, on September 27, 2023, at 2:30 a.m., PRP officers attended 5001 Commerce Boulevard, Mississauga, in response to a stabbing and medical assist call. The Complainant was located, arrested, and taken into custody. The nature and details of the arrest were not known at the time of notification, but the Complainant had sustained an injury during the interaction. He was taken to Trillium Health Partners Mississauga Hospital and diagnosed with a fractured nose.
The Team
Date and time team dispatched: 09/27/2023 at 12:15 p.m.Date and time SIU arrived on scene: 09/27/2023 at 12:36 p.m.
Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 1
Affected Person (aka “Complainant”):
63-year-old male; declined an interviewCivilian Witness
CW Declined an interviewSubject Official
SO Declined interview and to provide notes, as is the subject official’s legal rightWitness Officials
WO #1 Interviewed; notes received and reviewedWO #2 Interviewed; notes received and reviewed
WO #3 Interviewed; notes received and reviewed
WO #4 Interviewed; notes received and reviewed
The witness officials were interviewed on October 10, 2023.
Evidence
The Scene
The events in question transpired on a lower-level platform of the bus terminal located at 5001 Commerce Boulevard, Mississauga.The scene had been secured and guarded by PRP and GO Transit officers. Entry to the building was at ground level and passage to the lower-level platform was via a large flight of stairs. At the base of the stairs was an interior hallway and vestibule with an exit door to the outside platform. A garbage receptacle was along the east wall close to the exit door. To the left of the receptacle, on a window ledge, was a large kitchen knife that had what appeared to be blood staining. To the right of the receptacle on the floor was a large pool of what appeared to be blood.
Along the west wall near the staircase was a sitting bench. On the floor in front of the bench was another area of transfer staining of an unknown substance. To the left of this bench was an empty bottle of “Smirnoff” vodka. There were several articles of clothing, cell phones, a blanket, and a gym bag. Video surveillance cameras were noted on the ceiling above this area.
Video/Audio/Photographic Evidence [2]
Communications Recordings / Incident Details Report
Starting at about 2:33 a.m., September 27, 2023, a man from Mississauga Transit Control contacted 911 requesting police and ambulance to Renforth Station located at 5001 Commerce Boulevard. The 911 caller, who was not at the scene, was receiving information from a bus operator while on the phone. The 911 caller indicated that a man had approached a bus driver and advised he had been stabbed. The man was bleeding from his left side and was with the bus operator. The 911 caller further advised the stabbing took place inside the bus station and the individuals responsible for the stabbing were believed to still be on scene. Descriptions were provided for two suspects who were sitting inside the bus terminal within eyesight of the bus operator. Starting at about 2:41 a.m., WO #4 and the SO arrived on scene.
Starting at about 2:44 a.m., it was reported that an ambulance was staging in front of the station.
Starting at about 2:44 a.m., a PRP communications operator advised police were on scene. The man who had been stabbed pointed out the accused to the police directly.
Starting at about 2:45 a.m., WO #4 requested a rush on the ambulance as the man had been stabbed on the left side of his chest, near his lungs.
Starting at about 2:50 a.m., WO #4 advised over the police radio that two persons were in custody and there were no suspects outstanding.
Body-worn Camera (BWC) Footage – SO [3]
On September 27, 2023, starting at about 2:44 a.m., the SO was captured entering a bus and speaking to a man, seated at the front of the bus, who had been stabbed. The man pulled open his jacket to reveal blood on his shirt in the upper left chest area. The SO lifted the man’s shirt to look at the wound and instructed him to apply pressure. The officer asked the bus driver who stabbed the man. The bus driver pointed out two men on a bench in the bus terminal behind the bus. The man advised the SO it was the “white beard guy” who had stabbed him. Starting at about 2:47 a.m., the SO exited the bus as WO #4 tended to the injured man. The SO approached WO #2 and WO #1 on the platform, and relayed the information he had received about the stabbing. Emergency Medical Services (EMS) arrived on scene.
The SO stood outside the terminal doors with WO #2, WO #1 and WO #3. WO #1 advised he would draw a “less lethal” weapon and WO #4 stated he would draw his firearm.
Starting at about 2:48 a.m., WO #4 went through the doors with his firearm drawn, followed by the SO, and said, “Let me see your hands.” Two men were sitting on a bench next to one another. The man to the left [the CW] was slumped over with a blanket covering his lower body, and the man on the right [the Complainant] lifted his arms with elbows bent and hands faced outward at eye level. WO #4 advised the Complainant to wake up the CW, and the Complainant nudged him slightly and said he was sleeping. The SO approached the two men and pulled the blanket off the CW. He grabbed the Complainant’s left arm and pulled him to the ground. The Complainant landed on the ground in a seated position. The SO pulled him backward away from the bench by his left arm before turning the Complainant onto his stomach while holding the Complainant’s left arm with his left hand. The officer placed his right hand in the centre of the Complainant’s upper back.
The SO told the Complainant he was under arrest and held his left arm behind his back. The officer struggled to get the Complainant’s right arm as he resisted and would not allow the SO to pull it out from under him. The SO advised the Complainant to relax his hands as he tried to get his right arm behind his back.
WO #1 said, “Knife in his pocket,” and WO #2 ran over to assist. WO #2 placed his knee on the Complainant’s back and pulled a knife out of the Complainant’s right pocket, throwing it behind him. The knife was in a sheath. WO #2 pulled it out of the sheath as he removed it from the Complainant’s pocket. WO #4 came to the Complainant and kneeled on his legs as WO #2 and the SO tried to secure handcuffs. The SO pulled the Complainant’s right arm around to his back as WO #2 held his left arm, and handcuffs were secured by the SO.
The Complainant’s head was face down and there was blood on the ground to the left of his head.
Once handcuffs were secured, the Complainant was rolled to his left side and there was more blood on the ground and over his face. The Complainant asked why he was grabbed and the SO advised him he was under arrest for ‘Assault with a Weapon’. The SO and WO #2 conducted a search and removed personal items from his pockets. No further weapons were found on the Complainant.
Starting at about 2:51 a.m., the SO sat the Complainant up and leaned him against a wall. Blood had smeared over the left side of the Complainant’s face. The SO looked at the Complainant and told him he had a cut on his nose.
Starting at about 2:52 a.m., the SO requested EMS to check on the Complainant as his nose struck the ground. EMS tended to the Complainant and placed a bandage over his nose.
Starting at about 3:00 a.m., the SO stood the Complainant up and walked him to a stretcher. The Complainant’s handcuffs were moved to the front of his body, and he was placed on the stretcher.
Starting at about 3:12 a.m., the SO entered the back of the ambulance with the Complainant.
At 3:43 a.m., the ambulance arrived at the hospital.
Video Footage - Metrolinx – 5001 Commerce Boulevard, Mississauga
Starting at about 2:48 a.m., WO #4 entered the terminal with his firearm drawn and pointed at the Complainant. WO #4 directed the Complainant to lift his hands above his head. The SO drew a conducted energy weapon, but quickly holstered it. He advanced towards the Complainant who sat on the bench and pulled a blanket off the CW who was sleeping on the bench next to the Complainant. The CW did not wake up. The SO grabbed the Complainant by the left wrist and dragged him to the ground. The Complainant landed on his buttocks. The Complainant was dragged a couple metres from the bench and flipped onto his stomach. His legs were visible within the camera frame, but his upper body was not. WO #2 arrived to assist with the arrest. A large, unsheathed knife was thrown a distance away from the Complainant. No strikes were delivered to either man.Starting at about 2:51 a.m., the Complainant was placed in a seated position up against the wall. There was blood on his face.
Starting at about 2:55 a.m., paramedic services dealt with the Complainant and a bandage was applied to his nose.
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the PRP between September 27, 2023, and October 4, 2023: - BWC footage;
- Communications recordings;
- Incident Details Report;
- Incident History;
- Person Details Report - Complainant;
- Notes – WO #1;
- Notes – WO #2;
- Notes – WO #3; and
- Notes – WO #4.
Materials Obtained from Other Sources
The SIU obtained the following records from the following other sources on September 28, 2023:- Video footage from Metrolinx for 5001 Commerce Boulevard, Mississauga.
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 did not agree an interview with the SIU or the release of his notes.
In the early morning of September 27, 2023, PRP officers were dispatched to the bus terminal at 5001 Commerce Boulevard, Mississauga, following a 911 call that a male had been stabbed at the terminal.
Officers, including the SO, arrived at the scene. The man, seated in a bus and bleeding from a chest wound, spoke with the officers and confirmed that he had been stabbed. He further confirmed that the person responsible was the Complainant. The Complainant was seated on a bench directly beside the bus as it was stopped on the platform.
The officers approached the Complainant and asked him to raise his arms. He did so. The SO neared the Complainant, took him by the left hand and dragged him off the bench. The Complainant landed on his buttocks and was quickly turned into a prone position on the ground by the SO, his nose fracturing in the process, before his arms were handcuffed behind the back. The time was 2:48 a.m.
Following his arrest, the Complainant was taken by paramedics to hospital where he was diagnosed with his injury.
In the early morning of September 27, 2023, PRP officers were dispatched to the bus terminal at 5001 Commerce Boulevard, Mississauga, following a 911 call that a male had been stabbed at the terminal.
Officers, including the SO, arrived at the scene. The man, seated in a bus and bleeding from a chest wound, spoke with the officers and confirmed that he had been stabbed. He further confirmed that the person responsible was the Complainant. The Complainant was seated on a bench directly beside the bus as it was stopped on the platform.
The officers approached the Complainant and asked him to raise his arms. He did so. The SO neared the Complainant, took him by the left hand and dragged him off the bench. The Complainant landed on his buttocks and was quickly turned into a prone position on the ground by the SO, his nose fracturing in the process, before his arms were handcuffed behind the back. The time was 2:48 a.m.
Following his arrest, the Complainant was taken by paramedics to hospital where he was diagnosed with his injury.
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
The Complainant was seriously injured in the course of his arrest by PRP officers on September 27, 2023. The SIU was notified of the incident and initiated an investigation, naming SO 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, identified by the man who had been stabbed as the individual responsible for stabbing him, was clearly subject to arrest by the PRP officers.
I am also satisfied that the Complainant was subjected to nothing more than justified force during his arrest. This force consisted in the SO forcing the Complainant to the ground, then into a prone position, and was entirely reasonable given the exigencies of the situation. Apprised of his recent violence with a knife, the SO would have had cause to be concerned that the Complainant was still armed with a knife and a continuing threat to public safety. In the circumstances, it was imperative that the officers acted quickly to negate the Complainant’s access to a weapon. The takedown and positioning on the ground did just that, allowing the officers to safely arrest the Complainant and confiscate a knife from his jacket pocket. It should be noted that the Complainant was never struck by any of the officers and the takedown was executed in a controlled fashion.
In the result, while I accept that the Complainant’s nose was broken in the course of the force brought to bear by the SO, his injury was not the result of any unlawful conduct on the part of the officer. As such, there is no basis for proceeding with criminal charges. The file is closed.
Date: January 19, 2024
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, identified by the man who had been stabbed as the individual responsible for stabbing him, was clearly subject to arrest by the PRP officers.
I am also satisfied that the Complainant was subjected to nothing more than justified force during his arrest. This force consisted in the SO forcing the Complainant to the ground, then into a prone position, and was entirely reasonable given the exigencies of the situation. Apprised of his recent violence with a knife, the SO would have had cause to be concerned that the Complainant was still armed with a knife and a continuing threat to public safety. In the circumstances, it was imperative that the officers acted quickly to negate the Complainant’s access to a weapon. The takedown and positioning on the ground did just that, allowing the officers to safely arrest the Complainant and confiscate a knife from his jacket pocket. It should be noted that the Complainant was never struck by any of the officers and the takedown was executed in a controlled fashion.
In the result, while I accept that the Complainant’s nose was broken in the course of the force brought to bear by the SO, his injury was not the result of any unlawful conduct on the part of the officer. As such, there is no basis for proceeding with criminal charges. The file is closed.
Date: January 19, 2024
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
Endnotes
- 1) Unless otherwise specified, 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]
- 3) The imagery captured by the BWCs of the witness officials was the same as that captured by the SO’s BWC, but from different angles. [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.