Director's Report Details

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.

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.

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 36-year-old man (the “Complainant”).

Notification of the SIU[1]

On July 5, 2024, at 11:14 a.m., the Halton Regional Police Service (HRPS) notified the SIU of an injury to the Complainant.

According to the HRPS, on July 5, 2024, at 12:37 a.m., the Complainant was arrested on outstanding Peel Regional Police (PRP) warrants by the Subject Official (SO) and Witness Official (WO) #1 at Brant Street and Ghent Street, Burlington. The Complainant resisted and was punched in the face by the SO. He was transported to PRP where he complained of an injury and was taken to Credit Valley Hospital (CVH). At 10:45 a.m., he was released from hospital with a diagnosis of a fractured nose.

The Team

Date and time team dispatched: 2024/07/05 at 11:38 a.m.

Date and time SIU arrived on scene: 2024/07/05 at 12:45 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

36-year-old male; declined interview; medical records obtained and reviewed

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 Not interviewed; notes reviewed and interview deemed unnecessary

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

Witness Official #1 was interviewed on July 10, 2024.

Service Employee Witness (SEW)

SEW Interviewed

The service employee witness was interviewed on July 10, 2024.

The Scene

The events in question transpired at the northwest corner of the intersection of Brant Street and Blairholm Avenue, Burlington.

Video/Audio/Photographic Evidence[2]

HRPS Communications Recordings

On July 5, 2024, between about 12:16 and 12:19 a.m.,[3] an officer with the PRP contacted the HRPS. He indicated PRP was in Burlington regarding the Complainant, who had just been released. The PRP subsequently realized he was wanted on a warrant, and requested the attendance of uniform police officers. The call-taker confirmed that two uniformed police officers would be dispatched.

At 12:31 a.m., WO #1 indicated they had a person in custody.

HRPS In-car Camera (ICC) Footage – The SO’s Cruiser

On July 5, 2024, starting at about 12:35 a.m., the Complainant was placed into the prisoner’s compartment of the police cruiser. He was handcuffed with his hands behind his back.

Starting at about 12:37 a.m., the SO said, “Here he is. You wanted by Peel, on a bench warrant.” The Complainant replied, “Since when, I took care of it. What is this?” The SO replied, “That’s unendorsed bench warrant. It’s still on the system.”

Starting at about 12:40 a.m., the SO told the Complainant he was under arrest, and the Complainant asked again, “What did I do?” The SO replied, “[The Complainant], stop.” The Complainant yelled, “What the fuck?” and the SO said, “[The Complainant], I know who you are.”

Starting at about 12:53 a.m., the SO and the Complainant travelled to 11 Division.

Starting at about 1:11 a.m., the SO and the Complainant arrived at 11 Division and parked in front of the sally port.

Starting at about 1:17 a.m., the SO and WO #1 stood in front of the booking hall door.

Starting at about 1:19 a.m., PRP officers opened the door, and the SO escorted the Complainant into the booking hall.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the PRP and HRPS between July 8, 2024, and July 17, 2024:

• PRP Occurrence Report;
• PRP Police History (Person Details Report) – the Complainant;
• PRP Prisoner Activity Log & Prisoner Details Report;
• PRP warrant;
• HRPS Occurrence Report;
• HRPS CAD Report;
• HRPS communications recordings;
• HRPS ICC footage;
• HRPS List of Officers;
• HRPS Notes – WO #1, WO #2, and the SEW;
• HRPS Policy - Directive Use of Force (July 11, 2024); and
• HRPS Annual Use of Force Recertification – the SO.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between July 8, 2024, and July 9, 2024:

• The Complainant’s medical records from CVH; and
• Ambulance Call Report from Peel Emergency Medical Services.

In the early morning of July 5, 2024, HRPS officers, including the SO, were on the lookout for the Complainant. There was an outstanding warrant in effect for his arrest. WO #1, in the company of the SEW, located the Complainant. He was seated on a bench at the northwest corner of Brant Street and Blairholm Avenue. WO #1 stopped and exited her cruiser, approached the Complainant, and explained that he was under arrest.

The Complainant stood from the bench and objected. He asked to see the warrant. WO #1 asked him to place his hands behind the back and encouraged him to cooperate. The Complainant raised his fists in the air, got into the officer’s personal space, and jerked forward. WO #1 pulled backwards about the same time as the Complainant was punched in the face.

The punch came from the SO. He had arrived on scene and was standing to WO #1’s right when he struck the Complainant. The Complainant fell to the ground. Following a period of struggle, he was eventually handcuffed behind the back by WO #1, the SO, and a third arriving officer, WO #2.

The Complainant was subsequently diagnosed with a fractured nose.

Section 25(1), Criminal Code - Protection of Persons Acting Under Authority

25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

(a) as a private person,

(b) as a peace officer or public officer,

(c) in aid of a peace officer or public officer, or

(d) by virtue of his office,

is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

The Complainant was seriously injured in the course of his arrest by HRPS officers on July 5, 2024. The SIU was notified of the incident and initiated an investigation naming the SO 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 arrest and injury.

Pursuant to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law.

WO #1 and the SO were within their rights in seeking to take the Complainant into custody. There was a warrant in effect for his arrest.

With respect to the force used by the SO in aid of the Complainant’s arrest, namely, a punch, I am satisfied it was legally justified. The Complainant had adopted an aggressive posture, intruded into WO #1’s personal space, and had threatened to assault her when the SO delivered a single punch. Considering the need to act quickly and decisively to deter an imminent assault, it would seem that a single punch to the face fell within the range of reasonable force in the circumstances.

In the result, while I accept that the Complainant’s injury was the result of the SO’s punch, I am not reasonably satisfied it was attributable to unlawful force. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: October 23, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit