SIU Director’s Report - Case # 23-OCI-443
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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 25-year-old woman (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 25-year-old woman (the “Complainant”).
The Investigation
Notification of the SIU [1]
On October 27, 2023, at 7:48 p.m., the Peterborough Police Service (PPS) contacted the SIU with the following information.On October 27, 2023, at approximately 11:15 a.m., a Mobile Crisis Intervention Team (MCIT) nurse attended the apartment of the Complainant for a wellness visit. The visit ended and the nurse left the apartment. Realizing she had left her purse behind, she called the Complainant, who refused to give the purse back. The nurse contacted the PPS to report the incident. Officers attended the apartment, but the Complainant had gone out. When the Complainant returned to her apartment, she called the PPS and asked to speak with the Community Outreach and Support Team officer. While engaged in conversation on the phone, the Complainant told the officer she was going to hang herself. The phone went silent, and the Complainant was not responding. Police and Emergency Medical Services (EMS) were dispatched to the Complainant’s apartment where she was found with vital signs absent and a ligature around her neck. EMS transported the Complainant to Peterborough Regional Health Centre, where she was admitted in serious condition.
The Team
Date and time team dispatched: 2023/10/27 at 7:50 p.m.Date and time SIU arrived on scene: 2023/10/27 at 11:00 p.m.
Number of SIU Investigators assigned: 2
Number of SIU Forensic Investigators assigned: 2
Affected Person (aka “Complainant”):
25-year-old female; interviewedThe Complainant was interviewed on December 29, 2023.
Civilian Witnesses (CW)
CW #1 Not interviewed; interview deemed unnecessaryCW #2 Not interviewed; interview deemed unnecessary
CW #3 Not interviewed; interview deemed unnecessary
Subject Official (SO)
SO Declined interview, as is the subject official’s legal right; notes received and reviewedWitness Officials (WO)
WO #1 Interviewed; notes received and reviewedWO #2 Interviewed; notes received and reviewed
WO #3 Interviewed; notes received and reviewed
The witness officials were interviewed on November 21, 2023.
Evidence
The Scene
The events in question transpired in an apartment in Peterborough.Physical Evidence
On October 27, 2023, at 11:00 p.m., SIU forensic investigators attended the scene. The unit door was partially open as it would not close properly. Information received from the PPS scene control officer was that the Complainant had hung herself from the automatic door closer at the top of the door.
On top of the dining room table were two pieces of a decorative cord, which appeared to have cut ends.
On a bed was a kitchen-style knife and beside that was a quantity of decorative cording. On the floor directly beneath the knife and cording was another length of cord. The ends of this piece of cord appeared to have been cut.
One forensic investigator took measurements with the Leica 360 scanner, and the other recorded the scene photographically.
Two pieces of cut decorative cord were collected by the SIU.
Materials Obtained from Police Service
Upon request, the SIU obtained the following materials from the PPS between November 5, 2023, and December 5, 2023:
Materials Obtained from Police Service
Upon request, the SIU obtained the following materials from the PPS between November 5, 2023, and December 5, 2023:- Computer-assisted Dispatch Report;
- Civilian Witness List;
- General Occurrence;
- Scene Continuity Log;
- Witness statement – CW #1;
- Notes – WO #1;
- Notes – WO #2;
- Notes – WO #3; and
- Notes – SO.
Incident Narrative
The evidence collected by the SIU gives rise to the following scenario. As was his legal right, the SO did not agree an interview with the SIU. He did authorize the release of his notes.
CW #1, a social worker, visited the Complainant at her apartment in Peterborough on October 27, 2023. When their meeting was over, CW #1 left the residence only to realize a short time later that she had forgotten some personal items. CW #1 contacted the Complainant, who refused her entry into the apartment and indicated her property was not in the apartment. It seems the Complainant had placed the items in the building stairwell and was upset with CW #1 for having damaged her entry door. CW #1 contacted the police.
The SO, a member of the PPS MCIT, partnered at the time with CW #2 of the Canadian Mental Health Association, was dispatched to the address. The two had dealt with the Complainant before. The SO investigated the Complainant’s claim of damage done to her door by CW #1, cautioned her about the theft of property in relation to the CW's personal items, and departed with CW #2.
The Complainant was upset at what she perceived to be a lack of action regarding the damage to the door. She called police to voice her frustrations and was told that the SO was still investigating the matter. At about 5:07 p.m., she called police again and this time spoke to the SO. The Complainant indicated that no one cared about her. The SO asked if she wanted to speak to another MCIT officer and the Complainant replied that it did not matter anymore as it would be too late. Hearing the sounds of choking on the phone, the SO immediately hung-up and arranged for police and ambulance to attend the Complainant’s apartment.
The SO and CW #2 were the first on scene, followed by WO #1 and WO #2. With the help of the building superintendent, the apartment door was unlocked and the officers entered the unit. The Complainant, vital signs absent, was located hanging from a length of cord affixed to the pneumatic door closer at the top of the door.
The Complainant was taken to hospital where she spent time in the Intensive Care Unit before leaving hospital, against the advice of medical staff, in late November.
CW #1, a social worker, visited the Complainant at her apartment in Peterborough on October 27, 2023. When their meeting was over, CW #1 left the residence only to realize a short time later that she had forgotten some personal items. CW #1 contacted the Complainant, who refused her entry into the apartment and indicated her property was not in the apartment. It seems the Complainant had placed the items in the building stairwell and was upset with CW #1 for having damaged her entry door. CW #1 contacted the police.
The SO, a member of the PPS MCIT, partnered at the time with CW #2 of the Canadian Mental Health Association, was dispatched to the address. The two had dealt with the Complainant before. The SO investigated the Complainant’s claim of damage done to her door by CW #1, cautioned her about the theft of property in relation to the CW's personal items, and departed with CW #2.
The Complainant was upset at what she perceived to be a lack of action regarding the damage to the door. She called police to voice her frustrations and was told that the SO was still investigating the matter. At about 5:07 p.m., she called police again and this time spoke to the SO. The Complainant indicated that no one cared about her. The SO asked if she wanted to speak to another MCIT officer and the Complainant replied that it did not matter anymore as it would be too late. Hearing the sounds of choking on the phone, the SO immediately hung-up and arranged for police and ambulance to attend the Complainant’s apartment.
The SO and CW #2 were the first on scene, followed by WO #1 and WO #2. With the help of the building superintendent, the apartment door was unlocked and the officers entered the unit. The Complainant, vital signs absent, was located hanging from a length of cord affixed to the pneumatic door closer at the top of the door.
The SO cut her down and immediately commenced CPR. The officers were able to re-establish a pulse and placed the Complainant in the recovery position pending the paramedics’ arrival.
The Complainant was taken to hospital where she spent time in the Intensive Care Unit before leaving hospital, against the advice of medical staff, in late November.
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 suffered a self-inflicted serious injury in Peterborough on October 27, 2023. As she appears to have been speaking with a PPS officer at the time, the SIU was notified and initiated an investigation. 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 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 medical condition. There was not.
Nothing in the evidence suggests that the SO comported himself other than with due care and regard for the Complainant’s safety and well-being throughout their engagement. It seems he took her claim of damage done to the door by CW #1 seriously and investigated the matter thoroughly, speaking to several witnesses and assuring himself the damage pre-existed CW #1’s presence that date at the apartment. Thereafter, as soon as he heard what sounded like the Complainant in distress, the SO made immediate arrangements to have emergency personnel respond to the residence. The prompt action on the part of the officer, including his attendance at the apartment to cut the Complainant down and administer first-aid, saved her life.
For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.
Date: February 23, 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 medical condition. There was not.
Nothing in the evidence suggests that the SO comported himself other than with due care and regard for the Complainant’s safety and well-being throughout their engagement. It seems he took her claim of damage done to the door by CW #1 seriously and investigated the matter thoroughly, speaking to several witnesses and assuring himself the damage pre-existed CW #1’s presence that date at the apartment. Thereafter, as soon as he heard what sounded like the Complainant in distress, the SO made immediate arrangements to have emergency personnel respond to the residence. The prompt action on the part of the officer, including his attendance at the apartment to cut the Complainant down and administer first-aid, saved her life.
For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.
Date: February 23, 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]
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.