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 22-year-old man (the “Complainant”).

Notification of the SIU[1]

On February 19, 2025, at 2:17 p.m.,[2] the Ontario Provincial Police (OPP) contacted the SIU with the following information.

On February 19, 2025, during the early morning hours, a woman contacted the OPP to request the removal from her residence of her partner - the Complainant - who had breached various domestic assault-related bail conditions. At 7:35 a.m. (Central Time), police officers responded to the residence in Pikangikum, where the Complainant was arrested without incident and his hands handcuffed to the front of his body. Arriving at the detachment, the Complainant was able to run away. A short time later, he was located and taken to the ground. When the Complainant was stood up, he complained of pain to his right shoulder. The Complainant was returned to the detachment. At 8:15 a.m. (Central Time), Emergency Medical Services (EMS) attended and transported the Complainant to the Pikangikum Nursing Station. He was diagnosed with a fractured right collarbone, provided an arm sling, and returned to the detachment.

The Team

Date and time team dispatched: 2025/02/19 at 2:47 p.m.

Date and time SIU arrived on scene: 2025/02/20 at 11:30 a.m.[3]

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on February 23, 2025.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on March 18, 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 March 4, 2025.

The Scene

The events in question transpired on and around the Water Treatment Plant, Pikangikum.

Video/Audio/Photographic Evidence[4]

OPP Communications Recordings

On February 19, 2025, at 8:29:47 a.m., the officers who attended the residence in Pikangikum advised that the Complainant and a female were in custody.

At 8:46:05 a.m., a telephone call was placed from the detachment to the communications unit, requesting EMS.

OPP Body-worn Camera (BWC) Footage - the SO

On February 19, 2025, starting at about 8:23:09 a.m., officers were at the front door of the residence.

Starting at about 8:24:13 a.m., officers entered the residence.

Starting at about 8:28:40 a.m., the Complainant was brought out of the residence and escorted outside by officers. The Complainant stood outside and smoked a cigarette. He did not want to be handcuffed.

Starting at about 8:29:45 a.m., the Complainant was handcuffed to the front by an officer as he smoked a cigarette.

Starting at about 8:33:24 a.m., the Complainant walked towards a marked cruiser parked up the street from the residence.

Starting at about 8:34:35 a.m., the Complainant was placed in the back seat of the cruiser.

Starting at about 8:35:20 a.m., the Complainant was transported to the detachment.

Starting at about 8:38:21 a.m., the cruiser arrived at the detachment and backed-up against the detachment.

Starting at about 8:38:45 a.m., the Complainant exited the cruiser, walked towards the detachment entrance door. One officer was in front and one was behind him.

Starting at about 8:38:57 a.m., an officer opened the detachment door. Instead of entering, the Complainant fled. Both officers chased the Complainant.

Starting at about 8:39:03 a.m., the Complainant ran across the street and up the driveway of a water treatment building.

Starting at about 8:39:10 a.m., the Complainant was grabbed from behind by the SO and pulled backward.

Starting at about 8:39:20 a.m., the Complainant and the SO fell to the ground, the Complainant landing on his back.

Starting at about 8:39:44 a.m., the Complainant was brought to his knees by officers. The Complainant stated, "Wait, wait, my shoulder hurts."

Starting at about 8:40:25 a.m., the Complainant was told, "We will get it checked out after. We’ve got to get you up."

Starting at about 8:40:33 a.m., the officers pulled the Complainant up by the arms and told him to "use your legs". One officer said, "I’ll grab you by the waist."

Starting at about 8:40:55 a.m., the Complainant cried and swore because of his pain.

Starting at about 8:41:52 a.m., officers walked the Complainant back to the detachment.

Starting at about 8:42:13 a.m., an officer told the Complainant that he would get his shoulder looked at, but he needed to attend bail court that day.

Starting at about 8:43:12 a.m., the Complainant was processed in the booking area of the detachment.

Starting at about 8:43:50 a.m., the handcuffs were removed from the Complainant.

Starting at about 8:44:07 a.m., an officer told the Complainant that EMS would look at his shoulder.

Starting at about 8:45:30 a.m., an officer looked at the Complainant’s right shoulder and indicated his belief that it was dislocated.

Starting at about 8:48:25 a.m., the Complainant was lodged in a cell.

Starting at about 9:15:00 a.m., paramedics were brought to the cell.

Starting at about 9:20:24 a.m., a sling was placed around the Complainant’s right shoulder by a paramedic while still in the cell.

Starting at about 9:22:24 a.m., the Complainant was brought out of the cell to the booking area.

Starting at about 9:25:25 a.m., the Complainant was provided with his boots.

Starting at about 9:26:45 a.m., the Complainant was inside the ambulance, accompanied by an officer, to be brought to the Pikangikum Nursing Station.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP between February 24, 2025, and March 3, 2025:

• Computer-aided Dispatch Report

• Communications recordings

• General, Supplementary and Arrest Reports

• BWC footage – the SO

• Custody footage

• Booking and Lodging Reports

• Notes – WO #1 and WO #2.

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from the Pikangikum Nursing Station on February 26, 2025.

The Complainant was arrested in Pikangikum the morning of February 19, 2025. In contravention of his bail release, he was found with his girlfriend at an address in Pikangikum. The Complainant was taken into custody without incident, handcuffed and placed in a cruiser for transport to the OPP Pikangikum Detachment.

The cruiser stopped outside the detachment and the Complainant was let out the rear of the vehicle. As he was being escorted towards the detachment, the Complainant suddenly began to run away from the officers. The SO caught up to the Complainant and forced him to the ground. The Complainant was stood up and accompanied to the detachment.

The Complainant indicated he had been injured and paramedics were called to the detachment. He was transported to the nursing station and diagnosed with a fractured right clavicle.

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 following his arrest by OPP officers on February 19, 2025. 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 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.

There are no issues regarding the lawfulness of the Complainant’s arrest. The evidence indicates the officers were within their rights in arresting the Complainant for breaching a term of a release order.

I am also satisfied that the force brought to bear against the Complainant, namely, a takedown, was lawful. When the Complainant broke free of the SO and WO #2, the officers were entitled to re-assert custody. As the Complainant was running away at the time, it was clear that some level of physical intervention would be necessary to bring the Complainant’s flight to an end. A takedown made sense in the circumstances as it would immediately put an end to the Complainant’s escape effort while positioning the officers to better manage any additional resistance they could reasonably expect from a fleeing detainee.

In the result, while I accept that the Complainant’s fracture was incurred in the takedown, there are no reasonable grounds to believe the injury was attributable to any unlawful conduct on the part of the SO. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: June 13, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit