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 death of a 28-year-old woman (the “Complainant”).

Notification of the SIU[1]

On May 17, 2024, at 9:21 p.m., the Barrie Police Service (BPS) contacted the SIU with the following information.

On May 16, 2024, at 10:41 p.m., the Complainant was arrested without incident in Barrie for outstanding warrants in connection with charges of assault and theft under $5000. The Complainant was transported by police officers to the BPS police station, where she was lodged. The Complainant was subsequently remanded on May 17, 2024, at 5:05 p.m., to the Central North Correctional Centre (CNCC). On May 17, 2024, at approximately 5:51 p.m., OPP transport special constables picked the Complainant up from the BPS police station to transport her to the CNCC. The time of their arrival at the CNCC was unknown, but was believed to be approximately 40 minutes after they left the BPS police station. Upon arrival, the Complainant was found unresponsive in the rear of the transport vehicle. The Complainant was transported to South Georgian Bay Hospital (SGBH) Midland for treatment.

At 11:09 p.m., the OPP advised SIU that the OPP vehicle used to transport the Complainant was currently being held in Midland for forensic examination. Additionally, the cell was secured at the BPS police station for examination. The Complainant, while at the hospital, was reportedly found to have a quantity of unknown narcotics in her possession.

On May 18, 2024, at 8:40 a.m., information was received that the Complainant had been pronounced deceased at 8:15 a.m.

The Team

Date and time team dispatched: 2024/05/17 at 11:30 a.m.

Date and time SIU arrived on scene: 2024/05/18 at 4:24 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

28-year-old female; deceased

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

CW #4 Interviewed

CW #5 Interviewed

CW #6 Interviewed

CW #7 Interviewed

CW #8 Interviewed

CW #9 Interviewed

The civilian witnesses were interviewed between May 19, 2024, and May 20, 2024.

Subject Official (SO)

SO Declined interview, as is the subject official’s legal right; notes received and reviewed

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

WO #4 Interviewed; notes received and reviewed

The witness officials were interviewed between June 5, 2024, and September 12, 2024.

Service Employee Witnesses (SEW)

SEW #1 Interviewed; notes received and reviewed

SEW #2 Interviewed; notes received and reviewed

SEW #3 Interviewed

The service employee witnesses were interviewed between June 5, 2024, and September 12, 2024.

Investigative Delay

The Report of Postmortem Examination was received by the SIU from the Coroner’s Office on April 4, 2025.

The Scene

The events in question transpired in and around the lobby of a building in the area of Bayfield Street and Highway 400, Barrie; the booking area of the BPS station; in a cell in the same BPS station; the interior of an Offender Unit Transport (OUT) vehicle as it made its way from the BPS station to the CNCC; and, the sally port of the CNCC.

Physical Evidence

On May 18, 2024, at 4:24 a.m., a SIU forensic investigator met with a staff sergeant at the BPS police station. The staff sergeant escorted the forensic investigator to the holding cell, which was a single cell with single door access. The door was unlocked. There was a metal sink and toilet at one end of the cell. A blue disposable sleeve rested on the floor next to the toilet bowl. Plastic wrapping/film rested on the floor. A surveillance camera was affixed to an upper corner. The cell was photographed and, at 4:49 a.m., it was released back to the staff sergeant.

At 6:04 a.m., a SIU forensic investigator met with an acting sergeant at the Southern Georgian Bay Detachment of the OPP in Midland. In the scenes of crime/evidence room, the forensic investigator was presented with two sealed evidence bags. The first bag contained a small tin container. Reportedly, the item contained a quantity of non-prescription drugs (fentanyl). The bag was returned to the acting sergeant. The second bag was an OPP evidence bag, which contained personal effects, including two cell phones, a quantity of jewelry, and documents. The evidence bag was retained by the SIU forensic investigator.

A SIU forensic investigator attended Midland where the OUT vehicle was located. The OUT was a Ford F4500. There were five offender compartments on each side of the vehicle. The offender compartment of interest was located on the driver’s side, rear of the vehicle. Two OPP security seals were placed over the door. One of these seals was broken; the second seal was intact. Photographs were taken in-situ. All the doors were locked. The security seal on the door was broken by the SIU forensic investigator and access to the prisoner holding compartment was found to be via two separate doors. Both doors were capable of being locked independently. The inner door was fitted with a perforated screen for ventilation. The compartment had an all-metal interior with a resting/sitting area. There was dirt on the textured floor areas. There was no obvious smell of vomit, urine, or blood. There were no signs of violence/struggle or clean-up. There was a thin layer of moisture (condensation) on the surfaces at the time of examination. A surveillance camera lens was visible over the inner door.

On May 18, 2024, at 3:00 p.m., a SIU forensic investigator returned to the OPP Southern Georgian Bay Detachment and met with an OPP officer, who turned over the Complainant’s clothing in an unsealed OPP evidence bag.

On May 20, 2024, a SIU forensic investigator and the SIU lead investigator attended the Provincial Forensic Pathology Services. The forensic pathologist was briefed by the SIU lead investigator. The post-mortem examination started at 9:55 a.m. Photographs were taken as directed, and a blood swab was collected. The forensic pathologist made inquiries with the coroner. At 11:15 a.m., the post-mortem examination ended, and the forensic pathologist debriefed the investigators with no immediate cause of death having been ascertained. Additional forensic and toxicology testing was pending.

Video/Audio/Photographic Evidence[2]

Police Custody Footage

Starting at about 11:01 p.m., May 16, 2024, a BPS police vehicle was captured parked in the sally port. The SO exited the vehicle and opened a rear door. The Complainant, a woman wearing shorts, a crop bra top and sandals, exited the police vehicle on her own. The SO led the Complainant, handcuffed, into the booking area. The Complainant stood facing a square pillar and used her right hand to touch the lower part of her buttocks. She tugged on her pants and looked to her feet. A police officer asked the Complainant if she had consumed any street drugs and the Complainant said, “No.”

Starting at about 11:04 p.m., a female police officer - WO #2 - removed the Complainant’s handcuffs. The Complainant placed both arms on the wall above her head, and WO #2 conducted a pat-down search of the Complainant. The search began at the back of the neck, continued to the back bra and top bands, then to the top pant band. The police officer moved methodically and purposefully as her hands moved across the bands. WO #2 used both hands to run them up and down the Complainant’s legs.

Starting at about 11:09 p.m., the Complainant was led out a door by a male police officer and WO #2. The Complainant was captured entering a cell. She sat on the fixed concrete bench as the male police officer spoke to her. The Complainant’s hands were not handcuffed. The Complainant put a blue jumpsuit smock on.

Starting at about 11:15 p.m., the Complainant laid on the bench. The Complainant was later given food.

At 1:05 a.m., May 17, 2024, the Complainant exited the cell and was placed in a room off the hallway. She was subsequently escorted back to the cell. Her handcuffs were removed, and she sat on the bench. The Complainant wrapped herself in a second blue smock and a paper blanket, and laid down with her feet pointed to the door.

Starting at about 3:36 a.m., the Complainant rested on her right side. She used her left hand to touch her left hip and pelvic area.

Starting at about 3:36:56 a.m., the Complainant reached into the smock with her left hand and down to her pelvic area, raising her left leg in the process.

Starting at about 3:37 a.m., the Complainant zipped up the smock and rested on her right side.

Starting at about 9:47 a.m., the Complainant exited the cell and, at 9:48 a.m., the Complainant was fingerprinted.

Starting at about 9:55 a.m., the Complainant re-entered the cell and sat on the bench.

Starting at about 12:28 p.m., the Complainant rested on her back with her left knee bent and the paper blanket across her abdomen and pelvic area. The Complainant used her left hand to unzip the smock and reach into the front, moving her hand down very low. The Complainant pulled the paper blanket up as she reached down.

Starting at about 4:15 p.m., a special constable roused the Complainant. The Complainant sat up and spoke with the special constable.

Starting at about 5:58 p.m., the Complainant exited the cell and entered the booking area, where a special constable applied shackles to her left ankle and repeated the process on the right ankle.

Starting at about 6:00 p.m., two special constables exited the booking area with the Complainant, and they entered the sally port. The Complainant stepped up into the rear driver’s-side door of the transport vehicle and sat on a bench.

OPP In-car Camera System Footage - OUT

On May 17, 2024, starting at about 6:00 p.m., the footage captured an interior view of the OUT vehicle, which was comprised of metal sheet walls and a metal bench to the left side of the compartment, which housed the Complainant. The Complainant sat on the steel bench.

At 6:11 p.m., the Complainant opened her legs and used her left hand to touch her crotch on the outside of her pants. The Complainant touched the area on other occasions. Starting at about 6:25 p.m., she used her left hand to seemingly reach down to the area of her crotch while sitting with her back to the camera. Starting at about 6:30 p.m., the Complainant seemingly raised her right hand to her face. At 6:37 p.m., the Complainant clasped her hands and put them on her lap. She slowly tilted her head back and her mouth opened slightly. The Complainant’s hand jerked up slightly and she slowly moved her head forward before she seemingly experienced a seizure. Her left arm and legs moved. At 6:40 p.m., the Complainant’s arms raised slightly. At 6:42 p.m., the Complainant slid sideways onto the floor. She rested on her back with her arms over her head, her knees bent.

At 7:10:19 p.m., the transport vehicle stopped at the CNCC.

At 7:13 p.m., the door to the compartment opened and a voice said, “Are you okay? Hello? Hello?” The inner compartment door opened, and the Complainant’s head and arms dropped downward. The Complainant’s upper body was shaken by somebody, who said, “Hey, hey! Hey!” The male voice shouted, “Hey, (inaudible), she’s not dead,” and the inner compartment door closed. The male voice said, “She’s not dead, take her in there…. (inaudible).”

At 7:14 p.m., the compartment door opened. A male voice said, “Ohhh ‘kay, come on,” and the Complainant shook as a hand took hold of the her left shoulder. The hand patted the Complainant’s shoulder and a male voice said, “Come on. Wake up.” A male voice said, “She’s dead.” The male with the Complainant said, “Let’s bring, bring her out here.” The man pulled on the Complainant’s arms, and he used his left arm to reach in and grab her left leg and pull her out of the compartment. The man said, “Call 911.” At 7:15 p.m., a male voice said, “Get healthcare to bring some naloxone, it’s probably an overdose.” A male voice said, “She’s been like that for a few minutes.” A radio transmission sounded, and a female voice said, “If you guys are looking for naloxone, we just have some right on the inside of the records department.” A male voice said, “She’s already had a couple from the nose, I need a shot.”

At 7:16 p.m., a male voice shouted, “Can you call 911?” and then said, “(inaudible)…start CPR.”

At 7:20 p.m., the automated voice from an AED said, “Don’t touch the patient, analyzing.”

Video Footage - CNCC - 1

On May 17, 2024, at 7:10:23 p.m., the video started with a view of the OUT vehicle, which was stopped with its emergency flashers activated facing the entrance gate to the sally port. The camera afforded a view of the front and driver’ s-side of the vehicle. A person could be seen in the driver’s seat [now known to be SEW #2], and another person could be seen in the passenger seat [now known to be SEW #3].

Starting at about 7:13:29 p.m., SEW #3 exited the passenger side of the OUT vehicle, walked to the back and was seen at the rear driver’s-side of the vehicle where, at 7:13:39 p.m., he opened the cell door at the rear of the vehicle. At 7:14:00 p.m., he opened the inner door and, at the same time, SEW #2 exited the driver’s door.

At 7:14:08 p.m., SEW #2 jumped back into the OUT vehicle, and SEW #3 closed the doors to the cell and ran to the front on the vehicle. Both SEW #3 and the OUT vehicle went off the screen [now known to have entered the sally port].

Video Footage - CNCC - 2

On May 17, 2024, at 7:10:23 p.m., the video started with a view of the inside of the sally port, affording a view of the OUT vehicle as it waited for entrance.

Starting at about 7:13:55 p.m., the overhead door opened, and the OUT vehicle entered with a special constable [now known to be SEW #3] running beside it.

At 7:14:09 p.m., the OUT vehicle continued into the sally port and went out of camera view.

Video Footage - CNCC - 3

On May 17, 2024, at 7:11:53 p.m., the video started with a view from inside the sally port, depicting the staging area out to the overhead entrance doors.

Starting at about 7:14:18 p.m., the OUT vehicle stopped in the Discharge area with the driver’s-side beside the control centre. SEW #3 opened the door to the cell at the rear driver’s side door. SEW #3 and SEW #2 pulled out the Complainant. The Complainant was placed on her back and, at 7:15 p.m., SEW #2 administered something to the Complainant [now known to be Narcan]. A CNCC guard entered the area and assisted. Because of the overhead camera view, the Complainant’s body was blocked by CNCC staff, special constables and, at one point, two OPP constables [now known to be WO #3 and WO #4]. Altogether, at one point, 13 persons were counted in the sally port.

At 7:17 p.m., a CNCC guard performed CPR. After some time, another CNCC guard took over the CPR.

At 7:22 p.m., the OUT vehicle was moved and, at 7:24 p.m., an ambulance entered the sally port. CPR was continued and the paramedics tended to the Complainant.

At 7:43 p.m., the Complainant was loaded onto a stretcher and into the ambulance.

Police Communications Recordings

On May 16, 2024, at 10:41 p.m., the SO advised dispatch that he had a female, the Complainant, in custody for arrest warrants, and he would be transporting her to the BPS.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the BPS and the OPP between May 18, 2024, and September 12, 2024:

• Body-worn camera footage (BPS);
• Cell video (BPS);
• Communications recordings;
• OUT video (OPP);
• Procedure - Strip and Body Cavity Searches (BPS);
• Procedure - Search of Persons (BPS);
• Procedure - Prisoner Care & Control (BPS);
• Arrest Warrant (BPS);
• Arrest Report (BPS);
• Prior Occurrences – the Complainant;
• Computer-assisted Dispatch Report (BPS);
• Custody Record (BPS) - May 16, 2024;
• Force Broadcast - May 16, 2024 (BPS);
• General Reports (BPS);
• Notes - the SO (BPS);
• Notes - WO #1 (BPS);
• Notes - SEW #1 (OPP);
• Notes - WO #2 (BPS);
• Notes - WO #4 (OPP);
• Notes - WO #3 (OPP);
• Notes - SEW #2 (OPP); and
• Supplementary Reports.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between May 17, 2024, and April 4, 2025:

• Video footage - CNCC;
• The Complainant’s medical records from SGBH;
• Preliminary Autopsy Findings from Ontario Forensic Pathology Service; and
• Report of Postmortem Examination from the Coroner’s Office.

The evidence collected by the SIU, including interviews with police and non-police witnesses to the events in question, 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 an interview with the SIU. He did authorize the release of his notes.

The Complainant was arrested in Barrie in the evening of May 16, 2024. Acting on the strength of outstanding warrants for theft and assault, the SO had taken the Complainant into custody without incident and transported her to the BPS station.

At the BPS station, the Complainant was booked by WO #1. She denied drug consumption and appeared well, albeit upset. A female officer – WO #2 – was assigned to search the Complainant. The search – a pat-down over the Complainant’s clothing – turned up nothing of concern. The Complainant was lodged in a cell of the station at about 11:10 p.m.

The Complainant attended a bail hearing and was remanded in custody. Special constables with the OPP – SEW #2 and SEW #3 – arrived at the police station to transport the Complainant to the CNCC. With the Complainant and other prisoners on board their OUT vehicle, each separated in their own compartments, the special constables left the BPS station at about 6:00 p.m., May 17, 2024.

While en route to the correctional facility, the Complainant, handcuffed to the front with her legs shackled, managed to retrieve and consume a quantity of drugs hidden in the area of her crotch. At about 6:35 p.m., the Complainant seemingly experienced a seizure inside the OUT vehicle.

The OUT vehicle arrived outside the CNCC garage at about 7:10 p.m. SEW #3, who rode as the passenger, exited the vehicle, went to the rear and opened the Complainant’s cell. The Complainant was unconscious. SEW #2 drove the vehicle into the garage before assisting SEW #3 in removing the Complainant. The special constables called out for assistance from CNCC staff and proceeded to render first-aid. Multiple doses of naloxone were administered, and CPR was performed.

Paramedics attended at the facility at about 7:22 p.m. and took charge of the Complainant’s care.

The Complainant was transported to hospital and was pronounced deceased at 8:15 a.m., May 18, 2024.

Cause of Death

The pathologist at autopsy was of the view that the Complainant’s death was attributable to “fentanyl, fluorofentanyl, methyl/isobutyryl fentanyl, cocaine, and methamphetamine toxicity”.

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.

220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

The Complainant passed away on May 18, 2024, while in hospital. As she had lapsed into medical crisis the evening before following her arrest by a BPS officer and a period in the custody of the OPP, the SIU was notified of the incident and initiated an investigation. The SO of the BPS 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 death.

The offences that arise for consideration are failure to provide the necessaries of life and criminal negligence causing death contrary to sections 215 and 220 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 the Complainant’s police custodians, sufficiently serious to attract criminal sanction, that endangered the Complainant’s life or contributed to her death. In my view, there was not.

At the outset, I note that the Complainant was lawfully in custody from the moment of her arrest pursuant to warrants in effect at the time.

With respect to the attention the Complainant received while in custody, the evidence does not reasonably establish that any police officer who dealt with her failed to comport themselves with a requisite level of care. The live issue as far as the potential criminal liability of any police officer is concerned is how it was that the substance/s the Complainant had in the area of her crotch, which she apparently retrieved and consumed en route to the CNCC, were not located and removed from her prior to her lodging in a BPS cell. WO #2 performed a pat-down search but indicated that she intentionally steered clear of the Complainant’s private area. Whatever the merits of that decision, it remains uncertain where precisely the substance/s was/were concealed – whether on or in the Complainant’s person – and, therefore, whether they would have been discovered had the officer searched the area. With respect to a strip search, which might have revealed the substance/s – I agree with the officers responsible for searching the Complainant at the station – WO #1 and WO #2 – that they did not have the necessary grounds to justify such a search. In R v Golden, [2001] 3 SCR 679, the Supreme Court of Canada held that strip searches should only be condoned in exceptional circumstances where there are reasonable and probable grounds to believe the search will uncover, inter alia, illicit substances. In the case of the Complainant, it is doubtful those grounds existed – she had not been arrested for a drug-related offence, nor did she give the appearance of someone who had consumed drugs.

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

Date: May 6, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit