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 20-year-old man (the “Complainant”).

Notification of the SIU[1]

On January 27, 2025, at 8:02 a.m., the SIU received an online complaint from the Complainant, outlining an incident involving Ontario Provincial Police (OPP) officers. Reportedly, on December 21, 2022, he was at his parents’ residence located in the Municipality of Lakeshore. At 7:00 p.m., his mother contacted the OPP to attend the residence following an argument with her son. During a subsequent interaction with officers, the Complainant indicated his head struck the ground, causing pain to his jaw and nose. The Complainant was taken to the Windsor Regional Hospital (WRH) – Ouellette Campus and diagnosed with a non-displaced fracture to his nasal bone.

The Team

Date and time team dispatched: 2025/01/28 at 11:44 a.m.

Date and time SIU arrived on scene: 2025/01/30 at 10:06 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on January 30, 2025.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on February 3, 2025.

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 Interviewed; notes received and reviewed

The witness officials were interviewed on February 12, 2025.

The Scene

The events in question transpired inside a bedroom of a home situated in the Municipality of Lakeshore, Essex County.

SIU investigators did not attend the scene as it was not expected to contain any evidence of significance given the passage of time.

Video/Audio/Photographic Evidence[2]

OPP Communications Recordings – 911

On December 21, 2022, starting at about 5:50 p.m., the Complainant’s mother called the OPP via 911. She reported that the Complainant was chasing her and her husband. She provided her address and advised that the Complainant wanted to kill them. She reported no weapons. She said she needed the police to come as soon as possible as he was trying to come after her in the bedroom. She stated that her son had gone after her husband and that he was throwing punches at him. The caller was locked in a bedroom, but her husband was with her son, attempting to calm him. She described her son as out of control, throwing things around, and breaking things. The Complainant’s mother said that he was not under the influence of drugs or alcohol, but had several mental health diagnoses. She advised that her son was banging on her door, trying to get into the bedroom she was in. The Complainant had threatened to stab both her and her husband, and kill himself. The Complainant was heard in the background yelling and banging. The caller advised that the Complainant became very agitated with police officers. She was heard arguing with the Complainant. She told the call-taker that her son was calming, but there were wood chips all over the floor from the damage he had caused to the house. Officers arrived at 6:00 p.m., and the call ended.

Starting at about 6:49 p.m., the Complainant’s mother called the OPP again, reporting that officers had just left her home with her son.

OPP Communications Recordings – Radio

On December 21, 2022, starting at about 5:51 p.m., an OPP dispatcher asked the SO and another unit to attend a family dispute at a residence in the Municipality of Lakeshore. It was reported that the Complainant was chasing the caller and her husband. The caller was locked in her bedroom and her husband was attempting to calm her son.

WO # 1 and WO #2 indicated they would attend the address.

The dispatcher broadcast: “[S]ubject has been diagnosed with [various mental health issues]. Caller states he wants to kill himself and his parents. He told the parents he was going to stab them yesterday. Subject is not on any medication and there are no other people in the residence. Subject is not aware that police are on the way, and he tends to get agitated with officers.”

WO #1 subsequently advised that everything was “10-4” and that a male was in custody under the Mental Health Act.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP between January 31, 2025, and February 10, 2025:

• Computer-aided Dispatch Report
• Communications recordings
• General, Supplementary and Arrest Reports
• Notes – WO #1 and WO #2

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from WRH on February 4, 2025.

The evidence collected by the SIU, including interviews with the Complainant and police eyewitnesses, gives rise to the following scenario. As was his legal right, the SO did not agree an interview with the SIU or the release of his notes.

In the early evening of December 21, 2022, OPP officers, including the SO, were dispatched to a home in the Municipality of Lakeshore, County of Essex. A woman had contacted police to report a domestic disturbance involving her son – the Complainant. The Complainant was reportedly chasing her and her husband around the house, and had the day before threatened them with death.

The SO arrived on scene with WO #1 and WO #2. They spoke to the Complainant’s parents and proceeded to an upstairs bedroom. The Complainant, in the bedroom, refused the officers’ request that he exit. The officers attempted to reason with the Complainant for a few minutes, but he was unreceptive.

The SO kicked the door open and entered the bedroom, followed by WO #2 and WO #1. The Complainant swung at the SO and resisted arrest. Led by the SO, the officers forced the Complainant to the floor. Shortly after, they wrestled control of his arms behind the back and handcuffed them.

Following his arrest, the Complainant was seen at hospital and diagnosed with a broken 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.

Section 17, Mental Health Act - Action by Police Officer

17 Where a police officer has reasonable and probable grounds to believe that a person is acting or has acted in a disorderly manner and has reasonable cause to believe that the person,

(a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself;

(b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or

(c) has shown or is showing a lack of competence to care for himself or herself,

and in addition the police officer is of the opinion that the person is apparently suffering from mental disorder of a nature or quality that likely will result in,

(d) serious bodily harm to the person;

(e) serious bodily harm to another person; or

(f) serious physical impairment of the person,

and that it would be dangerous to proceed under section 16, the police officer may take the person in custody to an appropriate place for examination by a physician.

On January 27, 2025, the Complainant notified the SIU that he was seriously injured in the course of his arrest by OPP officers in the Municipality of Lakeshore on December 21, 2022. The SIU 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.

Based on what the officers knew of the 911 call made by the Complainant’s mother, and what they ascertained firsthand while on scene, I am satisfied that the Complainant was subject to apprehension under section 17 of the Mental Health Act.

I am also satisfied that the officers, including the SO, used no more force than was necessary to take the Complainant into custody. The Complainant was highly agitated at the time and had made threatening comments. The officers could have decided to continue to wait and negotiate with him through the closed bedroom door in the hope that he would settle and open the door of his own volition. On the other hand, given his state of mind and volatile behaviour, the officers would have been concerned with the risk of the Complainant self-harming as time passed. In the circumstances, the officers’ decision to enter the bedroom when they did is entitled to deference. Thereafter, the officers were within their rights in resorting to a measure of force when they encountered a combative Complainant in the bedroom. A takedown made sense as it would position the officers to better manage the Complainant’s resistance.

In the result, while I accept that the Complainant’s nose was broken when he was forced to the floor, there are no reasonable grounds to believe the injury was the result of unlawful conduct on the part of the officers. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: May 21, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit