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 54-year-old man (the “Complainant”).

Notification of the SIU[1]

On December 5, 2024, at 7:11 a.m., the Barrie Police Service (BPS) contacted the SIU with the following information.

On December 4, 2024, at 11:30 p.m., Subject Official (SO) #1 from the BPS was investigating the Complainant at John Street and Robert Street, Barrie. He determined that the Complainant was in breach of a bail release condition and attempted to arrest him. The Complainant pulled away and ran. After a brief foot chase, he was grounded and apprehended. The Complainant complained of pain to his torso and was transported by BPS to the Royal Victoria Hospital (RVH) where it was determined that he had a fractured rib.

The Team

Date and time team dispatched: 2024/12/05 at 7:48 a.m.

Date and time SIU arrived on scene: 2024/12/05 at 10:40 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on December 5, 2024.

Subject Officials (SO)

SO #1 Interviewed; notes received and reviewed

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

The subject official was interviewed on December 12, 2024.

Witness Official (WO)

WO Interviewed; notes received and reviewed

The witness official was interviewed on December 12, 2024.

The Scene

The events in question transpired on the below-grade patio door area of a residence in the area of Innisfil Street and John Street, Barrie.

Video/Audio/Photographic Evidence[2]

Body-worn Camera (BWC) Footage - SO #1

On December 4, 2024, starting at about 11:21 p.m., SO #1 had the Complainant stopped at the intersection of Robert Street and John Street. The area was freshly snow-covered, and the Complainant stood beside his e-bike. The Complainant provided SO #1 identification, which was used to conduct a background check with the BPS dispatch centre. The Complainant was told his e-bike did not have a front headlight on, at which point he turned it on. The Complainant told SO #1 he was returning home.

Starting at about 11:25 p.m., SO #1 received information from dispatch that the Complainant was a prohibited driver for an impaired conviction. He told the Complainant he was under arrest for operating a conveyance while prohibited. The Complainant was compliant and put his hands on the hood of the cruiser as directed, while SO #1 conducted a body search.

Starting at about 11:26 p.m., SO #1, discovered a quantity of controlled substances, placed them in his cruiser and advised the Complainant he was also under arrest for possession for the purposes of trafficking a controlled substance. SO #1 told the Complainant to turn around and place his hands behind his back. The Complainant turned around and ran northeast on Robert Street. SO #1 chased the Complainant and broadcast the situation to dispatch. SO #1 yelled at the Complainant to stop and chased him for about fifty metres.

Starting at about 11:27 p.m., the Complainant stopped and turned to face SO #1. In the process of stopping and turning, the Complainant raised and then lowered his arms. SO #1 yelled at the Complainant to get on the ground and then slipped and fell on the snow-covered road. The Complainant ignored SO #1’s command to get down, and turned and ran back in the direction from which they had come. SO #1 got up and chased after the Complainant, who turned left at John Street and continued to run. SO #1 suspended his foot chase and returned to his cruiser. He provided updates of the last known direction of the Complainant and a clothing description, and resumed his pursuit of the Complainant in his cruiser.

Starting at about 11:28 p.m., SO #1 stopped his cruiser in front of a residence a short distance away. The officer provided dispatch an update of his location, exited his cruiser and walked to the front of the residence. The residence had a sunken patio in front. The Complainant attempted to hide at the bottom of the patio. He was crouched against a wall with his head down. SO #1 jumped into the patio area, grabbed the Complainant’s back, and yelled commands at him to get on the ground. He struck the Complainant with two punches to the head and a knee to the left side. The Complainant screamed and attempted to stand as SO #1 pushed him back down, ordering him to lie down. The Complainant stated, “I am, I can’t breathe,” and again attempted to get to his feet. He was pulled back down onto his left side by SO #1, who continued yelling commands that the Complainant lay down and get on his stomach while delivering more strikes. SO #1 then yelled at the WO, who arrived and assisted in the arrest.

BWC Footage - The WO

On December 4, 2024, starting at about 11:29 p.m., the WO jumped down into the patio area and climbed onto the back of the Complainant at the waist. While he straddled the Complainant’s back, the WO yelled commands at him to place his hands behind the back. The Complainant continued to struggle and indicate that he had asthma and could not breathe. The WO pulled the Complainant’s right arm behind his back. On four occasions, the Complainant freed his hand of the WO’s hold, returning it to his head, as he was ordered to give up his arm and to stop resisting.

BWC Footage - SO #2

On December 4, 2024, starting at about 11:30 p.m., SO #2 arrived on scene. SO #1 let go of the Complainant and stood up. SO #2 was at the right shoulder and head area of the Complainant, who was on his stomach and struggling. SO #2 delivered one knee strike to the upper body of the Complainant and yelled for him to stop moving. He then grabbed the Complainant’s right arm and brought it to his back. With both SO #2 and the WO in control of the Complainant’s arms, he was handcuffed.

BWC Footage - Officer #1

Starting at about 11:30 p.m., December 4, 2024, Officer #1, followed by Officer #2, arrived at the patio area. The Complainant was controlled by SO #2 and Officer #2, and Officer #1 conducted a search of the Complainant.

Starting at about 11:34 p.m., the Complainant got up to his knees and then to his feet. He was escorted to a cruiser by SO #2 and Officer #2, where he was placed in the rear passenger seat.

BPS Communications Recordings

On December 4, 2024, starting at about 11:22 p.m., SO #1 requested a check be completed on the Complainant. SO #1 was informed that the Complainant was prohibited from firearms use, on probation for mischief under and fail to comply with an undertaking, and was prohibited from driving for impaired driving and unpaid fines.

Starting at about 11:26 p.m., SO #1 reported that the Complainant had fled on foot. Officer #1 and SO #2 were sent to assist.

SO #1 reported that the Complainant was on John Street, heading towards Innisfil Street, and provided a description. It was noted there were grounds to arrest him for drug offences. SO #1 advised that the Complainant was in the backyard of a home in the area.

Starting at about 11:28 p.m., the WO responded that he would assist.

Starting at about 11:29 p.m., SO #1 reported the Complainant was in custody.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the BPS between December 9, 2024, and December 10, 2024:

• Communications recordings;

• Computer-aided Dispatch Report;

• General Occurrence Report;

• Supplementary Occurrence Report;

• Arrest Report;

• Booking and cell block video;

• Booking and Intake Reports;

• BWC footage of involved officers; and

• Notes - SO #1 and the WO.

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from RVH on December 9, 2024.

The evidence collected by the SIU, including interviews with the Complainant, SO #1, and other police witnesses, as well as video footage that captured the incident in parts, gives rise to the following scenario. As was his legal right, SO #2 chose not to interview with the SIU or authorize the release of his notes.

On the night of December 4, 2024, the Complainant was operating an e-bike northward on Robert Street. As he approached the intersection of John Street and Robert Street, the Complainant was stopped by SO #1 and asked for his identification. He was advised that his headlight was not activated. The Complainant provided the information requested and explained he had forgotten to turn the headlight on before proceeding to activate it. A police query was conducted, and it was learned that the Complainant was a prohibited driver under the Criminal Code. He was placed under arrest for drive disqualified and searched. A quantity of drugs was located in the Complainant’s pocket, and he was further arrested for possession of a controlled substance. SO #1 requested that the Complainant put his hands behind his back and, as the officer grabbed his handcuffs to secure him, the Complainant suddenly fled northbound across John Street and up Robert Street. SO #1 caught up to the Complainant, who then turned and ran southbound. As SO #1 turned to chase him, he slipped and fell. Once on his feet again, SO #1 continued to pursue the Complainant while issuing commands for him to stop. SO #1 broadcast that he was in a foot chase, and that the Complainant was arrestable for possession for the purpose of trafficking.

SO #1 returned to his vehicle and continued to follow the Complainant in his cruiser. The Complainant was seen to turn north on Innisfil Street. SO #1 arrived at Innisfil Street and the Complainant could not be seen. Footprints in the snow led to a residence. The residence had a sunken patio entrance in front. The Complainant was crouched against the southern wall of the patio attempting to conceal himself.

SO #1 jumped down into the patio area, grabbed the Complainant by the back and ordered him to the ground, striking him with two punches to the head and a knee strike to the left side. As the two struggled, the WO arrived, jumped down into the patio area, mounted the Complainant’s back at the hip area, and pulled his right arm behind his back. The Complainant pulled his right hand away from the WO’s grasp. The WO struck the Complainant in the face. Shortly after, SO #2 arrived, positioning himself at the right shoulder and head area of the Complainant, who was on his stomach and continuing to struggle. SO #2 delivered one knee strike to the shoulder and head area of the Complainant, and yelled for him to stop moving. He then grabbed the Complainant’s right arm and brought it to his back before the WO secured the handcuff.

The Complainant was transported to the police station following his arrest. During the booking process, he complained of pain to his ribs and problems breathing. The Complainant was transported to the hospital and diagnosed with an acute, mildly displaced fracture of the lateral left seventh rib.

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.

Section 62(17), Highway Traffic Act – Lights and Reflectors on Bicycles, etc.

62(17) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor assisted bicycle and bicycle (other than a unicycle) shall carry a lighted lamp displaying a white or amber light on its front and a lighted lamp displaying a red light or a reflector on its rear, and in addition white reflective material shall be placed on its front forks, and red reflective material covering a surface of not less than 250 millimetres in length and 25 millimetres in width shall be placed on its rear.

Section 218, Highway Traffic Act – Cyclist to Identify Self

218 (1) A police officer who finds any person contravening this Act or any municipal by-law regulating traffic while in charge of a bicycle may require that person to stop and to provide identification of himself or herself.

(2) Every person who is required to stop, by a police officer acting under subsection (1), shall stop and identify himself or herself to the police officer.

(3) For the purposes of this section, giving one’s correct name and address is sufficient identification.

(4) A police officer may arrest without warrant any person who does not comply with subsection (2).

Section 320.11, Criminal Code - Definitions

The following definitions apply in this Part:

[C]onveyance means a motor vehicle, a vessel, an aircraft or railway equipment. 

The Complainant was seriously injured in the course of his arrest by BPS officers on December 4, 2024. The SIU was notified of the incident and initiated an investigation naming SO #1 and SO #2 the subject officials. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that SO #1or SO #2 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.

The Complainant was operating his e-bike without the headlight on. I am satisfied that SO #1 was within his rights in stopping him and requesting that he identify himself in accordance with sections 62(17) and 218(2) of the Highway traffic Act. When it was learned that the Complainant was a prohibited driver under the Criminal Code, SO #1 was within his rights in arresting the Complainant for operating a conveyance while prohibited (as an e-bike is considered a conveyance under section 320.11 of the Criminal Code) and searching him incident to arrest. Once drugs were located on his person, the Complainant was further arrestable for possession of a controlled substance.

With respect to the force used by the officers in aid of the Complainant’s arrest, the evidence falls short of any reasonable suggestion it was excessive. The attempt to ground and handcuff the Complainant made sense. The Complainant had fled from SO #1, engaging him in a foot pursuit, then hid from him trying to escape arrest. SO #1 was alone initially and, because of the Complainant’s association with a drug house, concerned that he could be armed. SO #1 had cause to be concerned about his safety and the safety of the public, and it was reasonable for him to want to bring the interaction to an end as quickly as possible as it was on the front porch of a home in a residential neighbourhood. By securing the Complainant on the ground, SO #1 could control his movements and better expect to manage any continuing resistance or attempts at flight while concluding the arrest. The force used by the officers in this effort – punches, knee strikes and kicks – would not appear unwarranted in the circumstances. The Complainant struggled against his arrest, and the officers were entitled to resort to a measure of force to overcome his resistance and take him into custody.

In the result, while I accept that the Complainant’s rib was broken in the altercation that marked his arrest, there are no reasonable grounds to believe that the injury is attributable to unlawful conduct on the part of SO #1 or SO #2. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: March 28, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit