SIU Director’s Report - Case # 23-PCI-428
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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 38-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 38-year-old man (the “Complainant”).
The Investigation
Notification of the SIU [1]
On October 20, 2023, at 11:20 a.m., the Ontario Provincial Police (OPP) notified the SIU of an injury to the Complainant.According to the OPP, on October 15, 2023, at 7:34 p.m., OPP officers responded to a domestic disturbance call at a residence in the area of Ontario Street and Niagara Street, Collingwood, involving the Complainant and his partner. While police officers were at the front door speaking to the Complainant’s partner, the Complainant exited a window and dropped two to three metres to the ground. In-car camera system (ICCS) footage captured the Complainant on the ground attempting to crawl away with no police officers near him. Police officers approached the Complainant, who indicated that he had hurt his left foot. He was transported to the Collingwood General and Marine Hospital by emergency services. The Complainant was released without charges. Police officers returned to the hospital at 10:17 a.m. the next morning when the Complainant was being released to check on the injuries. He had suffered a fractured left ankle and was in a cast.
The Team
Date and time team dispatched: 10/20/2023 at 12:30 p.m.Date and time SIU arrived on scene: 10/20/2023 at 2:54 p.m.
Number of SIU Investigators assigned: 2
Number of SIU Forensic Investigators assigned: 0
Affected Person (aka “Complainant”):
38-year-old male; declined interviewSubject Official (SO)
SO Declined interview, as is the subject official’s legal right; notes received and reviewedWitness Officials (WO)
WO #1 InterviewedWO #2 Interviewed
The witness officials were interviewed on December 27, 2023.
Evidence
The Scene
The events in question transpired in and around a residence in the area of Ontario Street and Niagara Street, Collingwood.Video/Audio/Photographic Evidence [2]
Police Communications Recordings
On October 15, 2023, at 7:32:35 p.m., the Complainant’s partner called 911. She asked that police officers attend a residence in the area of Ontario Street and Niagara Street in Collingwood, and reported that her partner – the Complainant – was drunk and smashing items inside their apartment. The Complainant’s partner was at her neighbour’s residence.A police officer subsequently reported that the Complainant had jumped out a second-floor window and required an ambulance. He appeared to be intoxicated.
ICCS Footage
On October 15, 2023, starting at about 11:40:47 p.m., [3] a police cruiser was captured pulling up and coming to a stop by the north curb just west of a residence in the area of Ontario Street and Niagara Street, Collingwood. The Complainant and his partner were together, initially, on the front lawn of the property before the Complainant entered the house with the cruiser’s arrival. An officer exited the cruiser and approached the Complainant’s partner by the east side of the house. The officer was joined by another officer arriving on scene in his cruiser.Starting at about 11:41:44 p.m., the northernmost second-floor window on the west side of the house was captured being opened. A person climbed out the window onto the roof of a porch below and slid down the roof, falling to the ground.
Starting at about 11:41:45 p.m., the officers approached the front door of the house and one of them pushed it open. The officer who opened the door entered the house while the other officer remained outside by the front entrance.
Starting at about 11:42:42 p.m., a third officer arrived on scene.
Starting at about 11:43:09 p.m., a male was seen crawling on his hands and knees in a southward direction along the west side of the house. He collapsed just before reaching the front of the house and was approached by the third officer on scene. Seconds later, the Complainant’s partner and the first two officers on scene, the latter emerging from the front door of the house, approached the collapsed male.
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the OPP between October 20, 2023, and December 28, 2023: - General Occurrence Report;
- Communications recordings;
- Event History;
- ICCS footage;
- Notes of the SO, WO #1 and WO #2; and
- Occurrence Reports involving the Complainant.
Materials Obtained from Other Sources
The SIU obtained the following records from other sources on October 26, 2023: - Ambulance Call Report from the Simcoe Emergency Medical Services (EMS).
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. He did authorize the release of his notes.
At about 7:30 p.m., October 15, 2023, OPP officers were dispatched to a residence in the area of Ontario Street and Niagara Street, Collingwood. The 911 caller had contacted police to report a domestic disturbance involving her partner – the Complainant. The Complainant was intoxicated and damaging items in the house.
The SO arrived at the address at about 7:40 p.m. He was joined by WO #2. On seeing the officers’ arrival, the Complainant entered the home from the front lawn leaving his partner behind. The officers spoke to his partner and then approached the front door of the home.
Moments after entering the house, the Complainant had made his way to the second-floor, opened a west-facing window and climbed out onto the sloped roof of a porch. He slid down the roof and fell to the ground, fracturing his left ankle in the process.
The SO had only just opened front door and might have taken a step inside when the Complainant fell. Unaware of the fall, the officer called-out to the Complainant inside the house with negative results.
A third officer – WO #1 – arrived on scene after the Complainant’s fall. Shortly after his arrival, he noticed the Complainant on the ground by the west side of the house. An ambulance was called and the Complainant was transported to hospital.
At about 7:30 p.m., October 15, 2023, OPP officers were dispatched to a residence in the area of Ontario Street and Niagara Street, Collingwood. The 911 caller had contacted police to report a domestic disturbance involving her partner – the Complainant. The Complainant was intoxicated and damaging items in the house.
The SO arrived at the address at about 7:40 p.m. He was joined by WO #2. On seeing the officers’ arrival, the Complainant entered the home from the front lawn leaving his partner behind. The officers spoke to his partner and then approached the front door of the home.
Moments after entering the house, the Complainant had made his way to the second-floor, opened a west-facing window and climbed out onto the sloped roof of a porch. He slid down the roof and fell to the ground, fracturing his left ankle in the process.
The SO had only just opened front door and might have taken a step inside when the Complainant fell. Unaware of the fall, the officer called-out to the Complainant inside the house with negative results.
A third officer – WO #1 – arrived on scene after the Complainant’s fall. Shortly after his arrival, he noticed the Complainant on the ground by the west side of the house. An ambulance was called and the Complainant was transported to hospital.
Relevant Legislation
Sections 219 and 221, Criminal Code -- Criminal negligence causing bodily harm
219 (1) Every one is criminally negligent who
(a) in doing anything, or(b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.
(2) For the purposes of this section, duty means a duty imposed by law.
221 Every person who by criminal negligence causes bodily harm to another person is guilty of
(a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction.
Analysis and Director's Decision
The Complainant was seriously injured in a fall on October 15, 2023, in Collingwood. As OPP officers were present at the time of the fall, the SIU was notified of the incident and initiated an investigation. One of the officers – 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 injury.
The offence that arises for consideration is criminal negligence causing bodily harm contrary to section 221 of the Criminal Code. The offence is reserved for serious cases of neglect that demonstrate a wanton or reckless disregard for the lives or safety of other persons. It is predicated, in part, on conduct that amounts to a marked and substantial departure from the level of care that a reasonable person would have exercised in the circumstances. In the instant case, the question is whether there was a want of care on the part of the SO, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s fall. There was not.
The SO was lawfully present and engaged in the execution of his duties throughout the series of events culminating in the Complainant’s fall. He had just opened the front door when the Complainant, presumably fearing arrest and seeking to escape, climbed out a second-floor window and fell. Once discovered, the officers on scene acted quickly to arrange for medical attention. On this record, it is plain that the SO comported himself at all times with due care and regard for the Complainant’s health and safety.
For the foregoing reasons, there is no basis for proceeding with criminal charges in this case.
Date: February 15, 2024
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
The offence that arises for consideration is criminal negligence causing bodily harm contrary to section 221 of the Criminal Code. The offence is reserved for serious cases of neglect that demonstrate a wanton or reckless disregard for the lives or safety of other persons. It is predicated, in part, on conduct that amounts to a marked and substantial departure from the level of care that a reasonable person would have exercised in the circumstances. In the instant case, the question is whether there was a want of care on the part of the SO, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s fall. There was not.
The SO was lawfully present and engaged in the execution of his duties throughout the series of events culminating in the Complainant’s fall. He had just opened the front door when the Complainant, presumably fearing arrest and seeking to escape, climbed out a second-floor window and fell. Once discovered, the officers on scene acted quickly to arrange for medical attention. On this record, it is plain that the SO comported himself at all times with due care and regard for the Complainant’s health and safety.
For the foregoing reasons, there is no basis for proceeding with criminal charges in this case.
Date: February 15, 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 time-stamps appeared to be about four hours ahead of actual time. [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.