SIU Director’s Report - Case # 24-OCI-166

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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.

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 Personal 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.

Pursuant to section 21 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following:

  • 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 33-year-old woman (the “Complainant”).

The Investigation

Notification of the SIU[1]

On April 14, 2024, at 11:29 a.m., the Thunder Bay Police Service (TBPS) notified the SIU of an injury to the Complainant.

According to the TBPS, on April 14, 2024, at 10:21 a.m., TBPS officers responded to an address on Balmoral Street, Thunder Bay, in connection with a woman reportedly running with a knife and cutting herself, including her neck. A TBPS Impact Team [mental health trained] arrived, including the Subject Official (SO) and Civilian Witness (CW) #3. They talked to the Complainant through a glass door, and she stabbed herself in the neck. Officers apprehended the Complainant under the Mental Health Act (MHA) and transported her to the Thunder Bay Regional Health Sciences Centre (TBRHSC) via ambulance. Witness Official (WO) #2 rode in the ambulance with the Complainant. At 11:21 a.m., TBRHSC indicated that the Complainant was stable but in critical condition.

The Team

Date and time team dispatched: 2024/04/15 at 7:43 a.m.

Date and time SIU arrived on scene: 2024/04/15 at 11:06 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

33-year-old female; interviewed; medical records obtained and reviewed

The Complainant was interviewed on April 16, 2024.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Not interviewed; declined

The civilian witnesses were interviewed on April 17, 2024.

Subject Official (SO)

SO Declined interview and to provide notes, as is the subject official’s legal right

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Not interviewed; notes reviewed and interview deemed unnecessary

WO #4 Not interviewed; notes reviewed and interview deemed unnecessary

The witness officials were interviewed on April 22, 2024.

Evidence

The Scene

The events in question transpired at an address on Balmoral Street, Thunder Bay.

Video/Audio/Photographic Evidence[2]

Body-worn Camera (BWC) Footage – the SO, WO #1, WO #2, WO #3 and WO #4

On April 14, 2024, at about 10:24 a.m., the officers arrived at an address along with CW #3 [mental health worker]. They proceeded to a set of closed doors on an upper floor, arriving at about 10:25 a.m. The doors had small windows in them. The Complainant was on the other side of the doors standing in a corner. The SO asked the Complainant to put the knife down and told her that they were there to help her. CW #3 tried to communicate with the Complainant and told her that she was safe. CW #3 announced to the officers that the Complainant had stabbed herself in the neck. The officers discussed use of force options.

Starting at about 10:26 a.m., the Complainant slumped onto the ground and threw the knife. WO #2 and WO #1 entered the hallway and handcuffed the Complainant’s hands behind her back and then provided first-aid. Emergency Medical Services (EMS) were called.

Starting at about 10:28 a.m., the Complainant appeared to stop breathing. WO #4 began chest compressions until the Complainant resumed breathing.

Starting at about 10:32 a.m., EMS arrived and took over treatment.

Surveillance Footage

On April 14, 2024, at 9:54:48 a.m., a woman - the Complainant - ran down the halls. She banged on and tried to open numerous doors and pulled a knife out of her sweater pocket. She appeared to be hallucinating and screamed at no one, and then stabbed the knife into the air.

At 9:57:25 a.m., CW #1 and a male resident arrived. The Complainant chased them both with the knife in her hand. The Complainant appeared agitated and in distress.

At 10:01:05 a.m., the Complainant slammed against a wall in a corner. She screamed and held the knife in her right hand and sliced the right side of her neck. The Complainant then stabbed herself numerous times in her neck, abdomen, and chest. Her attention shifted to the end of the hall where an unknown individual peeked around the corner. She threw the knife in that direction then slumped to the floor in the corner.

WO #2 and WO #1 approached and handcuffed her hands behind her back and started first-aid along with WO #4. The SO and WO #3 secured the area until EMS arrived and took over care.

TBPS Communications Recordings

CW #1 and CW #2 called 911 to report a female [the Complainant] at the address with a knife. She was running in a hallway.

At 10:21 a.m., April 14, 2024, the SO, WO #1, WO #2, WO #3 and WO #4 arrived.

At 10:23 a.m., the SO reported that the Complainant had stabbed herself with a knife and asked that a rush be put on EMS attendance.

At 10:28 a.m., the SO reported that the Complainant was bleeding profusely from the neck. She had then gone vital signs absent, and cardiopulmonary resuscitation was initiated.

At 10:31 a.m., EMS arrived.

At 10:51 a.m., the Complainant was transported to the TBRHSC, accompanied by WO #2.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from TBPS between April 16, 2024, and April 17, 2024:

  • BWC recordings;
  • In-car camera recordings;
  • Surveillance video recording;
  • Occurrence Report;
  • Communications recordings;
  • Computer-aided Dispatch Report;
  • Policy - Persons Suffering from Mental Illness; and
  • Notebook entries - WO #3, WO #4, WO #1, and WO #2.

Incident Narrative

The material events in question, clear on the evidence collected by the SIU, may briefly be summarized.

In the morning of April 14, 2024, the Complainant found herself at an address on Balmoral Street in the throes of a drug-induced psychotic episode. She was delusional, highly agitated and holding a knife. The police were contacted.

A mental health team consisting of the SO and CW #3 were dispatched to the address, together with several other officers. They encountered the Complainant in a corridor behind a set of doors, still holding the knife. The SO and CW #3 attempted to calm her but to no avail. Within a minute of their arrival, the Complainant stabbed herself in the neck and slumped to the floor.

Officers approached the Complainant and rendered emergency first-aid. She was transported to hospital and treated for serious stab wounds.

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 self-inflicted stab wounds on April 14, 2024, in Thunder Bay. As TBPS officers were interacting with the Complainant at the time, the SIU was notified of the incident 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 injuries.

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 wounds. It is apparent that there was not.

The SO, CW #3 (a mental health professional) and the other officers were lawfully placed and in the execution of their duties through the engagement with the Complainant. Receiving word of a woman in mental health crisis and holding a knife, the officers were duty bound to attend the scene to do what they reasonably could to prevent harm coming to the Complainant or members of the public.

Within the brief time they had to work with before she stabbed herself, the officers comported themselves with due care and attention for the Complainant’s wellbeing. The SO and CW #3 attempted to convey to the Complainant that she was safe. Given the knife in the Complainant’s hands, the officers were wise not to rush at the Complainant. The aim was to settle her if they could rather than risk provoking the Complainant into rash behaviour. Regrettably, given the speed with which events unfolded, there was no opportunity to use less-lethal weaponry to temporarily incapacitate the Complainant. As soon as the Complainant stabbed herself and fell to the floor, the officers acted quickly to render medical attention. On this record, it is clear neither the SO nor the other officers transgressed the limits of care prescribed by the criminal law. In fact, the first-aid they dispensed might well have saved the Complainant’s life.

For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: August 12, 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]

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.