SIU Director’s Report - Case # 24-OCI-240
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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.
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 45-year-old woman (the “Complainant”).
The Investigation
Notification of the SIU[1]
On June 6, 2024, at 4:45 p.m., the Kawartha Lakes Police Service (KLPS) contacted the SIU with the following information.
On June 6, 2024, at 3:30 p.m., the Subject Official (SO) and Witness Official (WO) #1 attended an apartment near William Street North, Kawartha Lakes, to arrest the Complainant, who was wanted on arrest warrants. The SO and WO #1 knocked on the apartment door and were greeted by a man. He confirmed that the Complainant was inside. The man asked for a moment and closed the door. A short time later, CW #1 came to the door and the officers heard a female say, “I’m not going,” and, “I’m going to jump.” CW #1 invited the SO and WO #1 inside, and the Complainant jumped from the balcony to the ground below. The Complainant attempted to stand up but then collapsed. Emergency Medical Services (EMS) was immediately contacted. She was transported to Ross Memorial Hospital (RMH) and then to Sunnybrook Hospital in serious condition.
The Team
Date and time team dispatched: 2024/06/06 at 5:13 p.m.
Date and time SIU arrived on scene: 2024/06/06 at 7:49 p.m.
Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 1
Affected Person (aka “Complainant”):
45-year-old female; interviewed; medical records obtained and reviewed
The Complainant was interviewed on July 30, 2024, and September 4, 2024.
Civilian Witnesses (CW)
CW #1 Interviewed
CW #2 Interviewed
The civilian witnesses were interviewed between June 10, 2024, and August 28, 2024.
Subject Official (SO)
SO Interviewed, but declined to submit notes, as is the subject official’s legal right
The subject official was interviewed on June 19, 2024.
Witness Officials (WO)
WO #1 Interviewed; notes received and reviewed
WO #2 Interviewed; notes received and reviewed
The witness officials were interviewed on June 14, 2024.
Evidence
The Scene
The events in question transpired in and around an apartment near William Street North, Lindsay.
Physical Evidence
On June 6, 2024, at 7:49 p.m., a SIU forensic investigator attended the scene. Scene security was being provided by the KLPS. The exterior part of the scene was cordoned off with yellow police tape.
A concrete pad was examined. Red blood-like staining was observed on the concrete where the Complainant had reportedly struck her head. Two sandals and a blanket were also located in the immediate area.
General scene photographs of the exterior of the building and the apartment balcony were taken. Prior to examining the exterior of the building, the security camera footage was viewed. In the footage, after the Complainant hit the ground, a uniformed KLPS female officer ran to her to provide first-aid.
All exhibits were left for the KLPS to investigate and collect.
At 8:37 p.m., the interior of the apartment was photographed. Once inside the apartment, it was noted that there was a bathroom immediately to the right, a bedroom straight ahead, and the kitchen and living room to the left. The balcony door was in the corner of the living room. There was no clear sightline from the front door of the apartment to the balcony door. General photographs of the interior of the apartment were taken. The 1.4 metres by 2.9 metres balcony was photographed and measured. The railing was in good shape and 1.18 metres in height. The distance from the top of the balcony railing to the ground below was 6.92 metres.
At 8:50 p.m., the SIU forensic investigator left the scene.
Video/Audio/Photographic Evidence[2]
Video Footage – Apartment Building
On June 7, 2024, the SIU obtained security video from the apartment building. The video, date and time-stamped, did not capture audio.
Camera 2
The video began at 3:40:11 p.m., and provided a camera angle from the end of a hallway.
At 3:40:35 p.m., the SO and WO #1 entered the hallway into camera view and proceeded to an apartment. The SO knocked on the apartment door at 3:40:52 p.m., and she appeared to be speaking with someone inside the apartment although no one was visible due to the camera angle. The conversation appeared to end, and the officer remained in the hallway with WO #1.
At 3:42:45 p.m., the SO entered into the apartment out of camera view while WO #1 remained in the hallway for approximately 15 seconds before following her inside.
At 3:44:55 p.m., the SO exited the apartment back into the hallway followed by WO #1 and a male, who was in handcuffs. At 3:45:07 p.m., the SO ran down the hallway towards the camera carrying a handgun in her right hand. She went down the stairwell and out of camera view.
Camera 3
The video began at 3:39:57 p.m. and provided a view of the elevators.
At 3:40:12 p.m., the SO and WO #1 were captured on video as they exited the elevators and walked out of camera view.
At 3:44:03 p.m., WO #1 walked into camera view with the male in custody as they waited for the elevator.
Camera 11
The video began at 3:42:14 p.m., and depicted a concrete slab or patio outside of the apartment building.
At 3:42:30 p.m., the Complainant came into camera view from the top of the screen as she fell to the concrete, landing on her head and upper back area.
At 3:44:43 p.m., WO #2 came into camera view as she ran towards the Complainant to provide care. Approximately 30 seconds later, the SO appeared in camera view running towards WO #2 and the Complainant to assist. She placed the handgun she was carrying on the concrete.
At 3:49:51 p.m., EMS arrived and tended to the Complainant, placing her on a stretcher and escorting her out of camera view.
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the KLPS on June 11, 2024:
- Names, roles, and badge numbers of involved police officers;
- Notes – WO #1 and WO #2;
- General Occurrence and Supplementary Reports; and
- Computer-assisted Dispatch Report.
Materials Obtained from Other Sources
The SIU obtained the following records from other sources between June 11, 2024, and August 6, 2024:
- The Complainant’s medical records from RMH;
- Ambulance call report from Kawartha Lakes Paramedic Service; and
- Video footage from the apartment building near William Street North, Lindsay.
Incident Narrative
The evidence collected by the SIU, including interviews with the Complainant, the SO and police and non-police witnesses, and video footage that captured the incident in part, gives rise to the following scenario.
In the afternoon of June 6, 2024, the SO, in the company of her partner, WO #1, knocked on the door of an apartment near William Street North. They were there to arrest the Complainant on several outstanding warrants. A male answered the door and the officers asked for the Complainant. The male asked for a moment and closed the door. When it opened again, the female tenant of the residence – CW #1 – allowed the officers inside.
The Complainant, aware of the police presence outside the door, panicked. She entered onto the apartment balcony, scaled the railing and fell to the ground below, landing on a concrete surface.
Once inside the apartment, CW #1 advised the SO that the Complainant had said she was going to jump. The officer made her way to the balcony. Looking over the railing, she saw the Complainant on the ground.
Officers rushed to the Complainant’s side and provided first-aid. Paramedics attended and transported her to hospital.
The Complainant was diagnosed with a fractured collarbone and broken ribs.
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 on June 6, 2024, in Lindsay, the result of a fall from height. As KLPS officers were in the vicinity at the time intending to arrest the Complainant, 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 fall and 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 fall. There was not.
The SO was lawfully placed and engaged in the execution of her duties through the events leading to the Complainant’s fall. There were warrants in effect authorizing her arrest, and the officer was within her rights in attending at the apartment to take her into custody.
The evidence indicates that the Complainant, in a desperate attempt to evade arrest, attempted to escape by either scaling down the balconies, losing her footing and falling, or jumping from the balcony to the ground. Either way, it appears she fell just before or at about the same time as the SO entered the apartment. Once aware of what had happened, the SO contacted paramedics and provided first-aid to the Complainant. On this record, there is no question of any want of care on the part of the SO.
For the foregoing reasons, there is no basis for proceeding with criminal charges. The file is closed.
Date: October 4, 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 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.