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 61-year-old man (the “Complainant”).

Notification of the SIU[1]

On October 8, 2024, at 10:22 a.m., the Barrie Police Service (BPS) notified the SIU of an injury to the Complainant.

According to the BPS, on October 7, 2024, BPS officers, investigating a domestic dispute at an address in the area of Big Bay Point Road and Yonge Street, formed grounds to arrest the Complainant. On October 8, 2024, the Subject Official (SO) and the Witness Official (WO) attended the residence to take the Complainant into custody. He refused to open the door and told them to get a warrant. The officers knew the Complainant had expressed suicidal ideations in the past. The officers remained at the scene while a warrant was being prepared. At 8:20 a.m., the officers saw the Complainant through a window. Gravol pill bottles and alcohol bottles were observed on the floor. The Complainant went to the door and told the officers what he had consumed. The officers called for an ambulance. The Complainant was transported to Royal Victoria Regional Health Centre (RVRHC) where he was intubated and transferred to the Intensive Care Unit (ICU).

The Team

Date and time team dispatched: 2024/10/08 at 10:38 a.m.

Date and time SIU arrived on scene: 2024/10/08 at 11:45 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on October 11, 2024.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on October 9, 2024.

Subject Official

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

Witness Official

WO Interviewed; notes received and reviewed

The witness official was interviewed on October 16, 2024.

The Scene

The events in question transpired in and around a residence situated in the area of Big Bay Point Road and Yonge Street, Barrie.

Physical Evidence

SIU attended the scene and located 75 orange pills in a clip seal bag and three empty pill bottles along with an empty bottle of Captain Morgan rum. Photographs of the scene, and the pills and bottles, were taken.

Video/Audio/Photographic Evidence[2]

BPS Body-worn Camera (BWC) Footage – The SO and the WO

On October 7, 2024, starting at about 3:58 p.m., the SO was captured speaking with the CW. and listening to voice recordings on her phone [believed to be messages left by the Complainant].

On October 8, 2024, starting at about 7:57 a.m., the SO and the WO attended the Complainant’s residence. The SO told the Complainant he would be arrested for a criminal offence and held for a bail hearing. The SO explained that the Complainant could surrender voluntarily, or they would obtain a Feeney warrant.[3] The Complainant told the officers he would not surrender voluntarily and to get the warrant. The footage ended while the officers waited for the Feeney warrant.

The footage resumed and, starting at about 8:20 a.m., the SO and the WO were captured walking the Complainant down the front steps and standing him at the rear of the cruiser. The Complainant had slurred speech and appeared very unsteady on his feet. He said he had consumed a bottle of rum, and taken three bottles of Gravol and clonazepam.

Starting at about 8:24 a.m., the Complainant said he wanted to end it all. Pills fell out of the Complainant’s mouth. The WO removed six more pills from the Complainant’s mouth. The SO requested that Emergency Medical Services (EMS) attend.

BPS Communications Recordings

The CW called BPS and reported that the Complainant messaged their child and had left her a phone message. This information was passed on to the SO.

On October 8, 2024, at 7:00 a.m., the SO advised communications he was attending the Complainant’s address. At about 8:00 a.m., the SO advised the Complainant had taken an overdose and requested EMS.

The WO - Photographs

BPS provided SIU with photographs that the WO took of the medication and alcohol bottle, as they were found on the Complainant’s couch.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the BPS between October 9, 2024, and October 11, 2024:

• BWC footage –the SO and the WO;
• Occurrence Report;
• Communications recordings;
• Computer-aided Dispatch Report;
• Photographs from the scene;
• Notes – the WO; and
• Policy – Persons in Crisis.

Materials Obtained from Other Sources

On October 15, 2024, the SIU obtained the Complainant’s medical records from RVRHC.

The evidence collected by the SIU, including interviews with the Complainant and a police witness, and video footage that captured the incident in part, gives rise to the following scenario. As was his legal right, the SO did not agree a SIU interview or the release of his notes.

In the morning of October 8, 2024, the SO, in the company of the WO, attended at a residence situated in the area of Big Bay Point Road and Yonge Street, Barrie. They were there to arrest the occupant – the Complainant – for having breached the terms of an undertaking by contacting his estranged wife the day before.

The Complainant opened the door. The officers explained why they were there and indicated he could surrender voluntarily, or they could wait for a Feeney warrant to be issued. The Complainant told the officers to get a warrant and closed the door.

Upset with his pending arrest, the Complainant decided to harm himself. He proceeded to consume an overdose of prescription and non-prescription medication, and a significant amount of alcohol.

Aware that the Complainant had a history of suicidal ideation, the SO decided to check on his welfare as he and the WO waited outside. The officer opened the unlocked front door and observed the Complainant in distress. He took hold of the Complainant and helped him outside. The Complainant told the officers what he had done.

The officers called for paramedics. An ambulance arrived on scene and transported the Complainant to hospital.

The Complainant was treated in the ICU and subsequently recovered.

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.

The Complainant suffered an overdose on October 8, 2024, in Barrie. As BPS officers were present on and around the Complainant’s property seeking to arrest him 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 overdose.

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 event. I am satisfied there was not.

The evidence establishes that the SO comported himself with due care and regard for the Complainant’s well-being throughout their engagement. The officer was well aware that he had no right to arrest the Complainant inside his home short of a Feeney warrant or exigent circumstances. Those exigent circumstances arose, however, the moment the SO opened the door and observed that the Complainant was suffering the effects of an overconsumption of drugs and alcohol. The SO was right to check on the Complainant as he did, knowing that he had previously contemplated suicide. The officer also acted quickly to secure medical care for the Complainant.

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

Date: February 5, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit