SIU Director’s Report - Case # 24-PCI-220

Warning:

This page contains graphic content that can shock, offend and upset.

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 a 42-year-old man (the “Complainant”).

The Investigation

Notification of the SIU[1]

On May 24, 2024, at 10:26 a.m., the Ontario Provincial Police (OPP) notified the SIU of an injury to the Complainant.

According to the OPP, on May 23, 2024, the OPP received a 911 call related to a firearm complaint near a school zone. OPP officers responded and arrested the Complainant for possession of a baton and Controlled Drugs and Substances Act offences. No firearm was found. A variety of drugs were found in the Complainant’s possession, including fentanyl, hashish and cocaine. The Complainant was intoxicated. He was taken into custody and transported to the Huntsville OPP Detachment. On May 24, 2024, at 2:00 a.m., the Complainant was removed from the cells to be fingerprinted when he vomited. Emergency Medical Services (EMS) were called and he was transported to Huntsville District Memorial Hospital (HDMH) where he was intubated and admitted to the Intensive Care Unit. The Complainant was a known user of illicit drugs and was believed to be experiencing the effects of recent use. It was unclear if the ingestion took place before or after he was arrested.

The Team

Date and time team dispatched: 05/24/2024 at 11:20 a.m.

Date and time SIU arrived on scene: 05/24/2024 at 12:07 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

42-year-old male; interviewed; medical records obtained and reviewed

The Complainant was interviewed on May 28, 2024.

Civilian Witness

CW Interviewed

The civilian witness was interviewed on May 24, 2024.

Subject Officials

SO #1 Interviewed; notes received and reviewed

SO #2 Declined interview and to provide notes, as is the subject official’s legal right

SO #1 was interviewed on July 8, 2024.

Witness Officials

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

WO #1 and #2 were interviewed on June 4, 2024.

Service Employee Witness

SEW Interviewed; notes received and reviewed

The service employee witness was interviewed on June 4, 2024.

Evidence

The Scene

The events in question transpired in the area of Susan Street West and Centre Street North, Huntsville, and the Huntsville OPP Detachment at 298 Ravenscliffe Road. The Complainant was housed in cell two of the two cell facility. A monitoring room containing a CCTV screen was located adjacent to the cells.

Video/Audio/Photographic Evidence[2]

Custody Footage

At around 12:28:27 p.m., May 23, 2024, the Complainant was escorted into a vestibule handcuffed behind his back. The handcuffs were removed, and he was placed inside cell two.

At around 12:32:52 p.m., the Complainant was provided a hooded sweatshirt.

At around 12:39:03 p.m., a police officer entered the vestibule with a clipboard while appearing to converse with the Complainant.

At around 12:51:06, 1:01:00 and 1:22:48 p.m., WO #2 completed in-person cell checks.

At around 1:49:53 p.m., a police officer completed an in-person cell check.

At around 2:08:24 and 2:23:05 p.m., the SEW completed in-person cell checks.

At around 2:47:05 p.m., the Complainant was provided a mattress and bedding.

At around 2:57:28, 3:12:02, 3:20:32, 3:38:29, 3:48:09 and 3:55:36 p.m., the SEW completed in-person cell checks.

At around 3:56:15 p.m., the SEW provided the Complainant a blanket.

At around 4:07:29, 4:25:25, 4:40:17, 4:53:32 and 5:27:25 p.m., the SEW completed in-person cell checks.

At around 5:56:09 and 5:57:38 p.m., the Complainant sat on the bench and leaned into the toilet bowl.

At around 6:00:37 p.m., the SEW completed an in-person cell check.

At around 6:21:00 p.m., the Complainant sat on the bench and leaned into the toilet bowl.

At around 6:37:42 and 6:55:46 p.m., the SEW completed in-person cell checks.

At around 7:02:04 p.m., the Complainant stood at the toilet.

At around 7:13:23 p.m., the Complainant stood at the sink and leaned into it.

At around 7:28:45 p.m., the SEW completed an in-person cell check.

At around 7:39:01 p.m., the Complainant was provided a meal. He consumed a drink.

At around 7:41:36 and 7:41:50 p.m., the Complainant leaned into the toilet bowl.

At around 8:11:54, 8:34:48, 9:00:32 and 9:15:54 p.m., the SEW completed in-person cell checks.

At around 9:23:35 p.m., the Complainant stood in front of the toilet.

At around 9:37:23, 9:57:29 and 10:33:24 p.m., the SEW completed in-person cell checks.

At around 10:50:51 and 10:51:33 p.m., the Complainant stood in front of the toilet.

At around 10:51:57, 10:59:04 and 11:32:00 p.m., the SEW completed an in-person cell check.

At around 11:48:38 p.m., 12:37:38 a.m., 12:54:50 a.m., 1:09:36 am., 1:25:49 a.m. and 1:41:59 a.m., the SEW completed in-person cell checks. The Complainant was seated on the toilet.

At around 1:45:44 a.m., with the Complainant still seated on the toilet, a police officer entered the vestibule and approached the cell.

At around 1:46:45 a.m., the police officer left.

At around 1:47:13 a.m., with the Complainant still seated on the toilet, the police officer returned and stood in the vestibule as he donned sterile gloves.

At around 1:47:51 a.m., the police officer entered the cell and looked at the Complainant.

At around 1:48:40 a.m., the police officer closed the cell door and left the vestibule.

At around 1:49:37 a.m., with the Complainant still seated on the toilet, three police officers stood in the vestibule.

At around 1:50:00 a.m., the cell door was opened, and a police officer entered the cell and shook the Complainant.

At around 1:51:28 a.m., the police officer exited, closed the door behind him and left the vestibule.

At around 2:02:03 a.m., a police officer opened the cell door and EMS entered and tended to the Complainant.

At around 2:05:49 a.m., the Complainant was removed from the cell by EMS.

Video Footage - Residences

Video from surrounding residences was reviewed and found not to have captured the arrest or search of the Complainant.

In-Car Camera (ICC) Footage

Starting at 12:11 p.m., May 23, 2024, OPP officers arrived in the area of Susan Street West and Centre Street North and located the Complainant standing at the end of a driveway. The Complainant walked towards them with his hands on top of his head, before turning around and placing his arms behind his back. WO #1 applied handcuffs.

Starting at around 12:12:19 p.m., WO #1 searched the Complainant and appeared to pass property removed from him to WO #2.

The search concluded at around 12:15:36 p.m., and the Complainant was placed in the back of a police vehicle.

Communications Recordings – Telephone

The OPP Provincial Communications Centre received a 911 call from a nearby school reporting the Complainant waving a handgun around. The Complainant was believed to be intoxicated.

Communications Recordings – Radio

At around 12:08:07 p.m., May 23, 2024, OPP officers were dispatched for a weapons occurrence in which a man [now known to be the Complainant] was reportedly waving a handgun in the air and fighting with people. The Complainant seemed intoxicated, and the gun was on his left hip, possibly in a holster.

OPP officers arrived at a residence in the area of Susan Street West and Centre Street North and took the Complainant into custody. There was no firearm located.

Materials Obtained from Police Service

The SIU obtained the following records from the OPP between May 24, 2024, and June 6, 2024:

  • Names and roles of involved police officers;
  • Civilian witness list and statements obtained;
  • Crown Brief Synopsis;
  • Computer-assisted Dispatch Report;
  • Arrest Report;
  • General Occurrence Report;
  • Custody footage;
  • ICC footage;
  • Communications recordings;
  • Prisoner Custody Report and Prisoner Security Check;
  • Notes - SO #1 and WO #1, WO #2, WO #3 and WO #4, and the SEW;
  • Policy - Arrest and Detention; and
  • Policy - Use of Force.

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between May 27, 2024, and June 10, 2024:

  • The Complainant’s medical records from HDMH; and
  • Video footage – residence .

Incident Narrative

The evidence collected by the SIU, including an interview with the Complainant and SO #1, and video footage that largely captured the events in question, gives rise to the following scenario. As was his legal right, SO #2 did not agree an interview with the SIU or the release of his notes.

Shortly after noon of May 23, 2024, OPP officers were dispatched to the area of Susan Street West and Centre Street North, Huntsville, where a woman had reportedly seen a male – the Complainant – waving a gun around. The Complainant was arrested by WO #1 without incident and searched. The search revealed the presence of illicit substances, including cocaine.

The Complainant was transported to the OPP Huntsville Detachment where he was subjected to another search and lodged in a cell at about 12:30 p.m. Throughout the day and into the early morning of the following day, the Complainant remained in the cell. He slept for much of that time. On occasion, he vomited.

At about 1:45 a.m., May 24, 2024, officers became concerned with the Complainant’s responsiveness and an ambulance was called. Paramedics attended at the cells at about 2:00 a.m.

The Complainant was taken to hospital and diagnosed with a decreased level of consciousness attributable to the ingestion of benzodiazepines, cocaine and fentanyl.

Relevant Legislation

Section 215, Criminal Code - Failure to Provide Necessaries

215 (1) Every one is under a legal duty

(c) to provide necessaries of life to a person under his charge if that person

(i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and

(ii) is unable to provide himself with necessaries of life.

(2) Every person commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse to perform that duty, if

(b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.

Sections 219 and 220, Criminal Code - Criminal negligence Causing Death

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.

221Every 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 lapsed into medical distress on May 24, 2024, while in the custody of the OPP. The SIU was notified of the incident and initiated an investigation. The officers with overall responsibility for the care of prisoners during the Complainant’s time in custody – SO #1 and SO #2 – were identified as subject officials. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that either subject official committed a criminal offence in connection with the Complainant’s medical event.

The offences that arise for consideration are failure to provide the necessaries of life and criminal negligence causing bodily harm contrary to sections 215 and 221 of the Criminal Code, respectively. Both require something more than a simple want of care to give rise to liability. The former is predicated, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have exercised in the circumstances. The latter is premised on even more egregious conduct that demonstrates a wanton or reckless disregard for the lives or safety of other persons. It is not made out unless the neglect constitutes a marked and substantial departure from a reasonable standard of care. In the instant case, the question is whether there was any want of care on the part of either subject official, sufficiently serious to attract criminal sanction, that endangered the Complainant’s life or contributed to his medical condition. In my view, there was not.

Having received word that the Complainant was seen waving a gun around on a public roadway, WO #1 was within his rights in taking him into custody. The officers were also entitled to arrest the Complainant for possession of illicit substances following their search of his person at the scene.

I am also satisfied that the subject officials comported themselves at all times with due care and regard for the Complainant’s health and wellbeing. The evidence indicates that the searches performed on the Complainant had removed all of the illicit substances in his possession prior to his placement in the detachment cell, and that his drug-induced condition was the result of consumption prior to his arrest. The evidence also indicates that the Complainant was checked regularly and that prompt medical attention was arranged as soon as his condition started to noticeably deteriorate. It is true that the Complainant appeared sick some time before the paramedics were called, vomiting on occasion, but this was not unusual of persons who had recently consumed illicit drugs, in the experience of his custodians.

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

Date: September 18, 2024

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 findings of fact 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.