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 27-year-old man (the “Complainant”).

Notification of the SIU[1]

On March 23, 2025, at 3:02 p.m., the Barrie Police Service (BPS) contacted the SIU with the following information.

On March 23, 2025, at 6:55 a.m., a woman called BPS to report a domestic disturbance involving the Complainant. He had drugs and a loaded firearm in the rooming house in which they lived. BPS Tactical Support Unit (TSU) officers were deployed to the scene. The TSU made entry into the rooming house on exigent circumstances, engaged with the Complainant and, at 10:42 a.m., took him into custody. The Complainant suffered facial injuries. He was taken to Royal Victoria Regional Health Centre (RVRHC) and diagnosed with an ocular fracture on the right side.

The Team

Date and time team dispatched: 2025/03/24 at 8:31 a.m.

Date and time SIU arrived on scene: 2025/03/24 at 8:50 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on March 24, 2025.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

The civilian witnesses were interviewed on March 24, 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

WO #3 Interviewed; notes received and reviewed

WO #4 Interviewed; notes received and reviewed

The witness officials were interviewed on March 27, 2025.

The Scene

The events in question transpired in and around the front entrance of a house situated in the area of Penetanguishene Road and Georgian Drive, Barrie.

Video/Audio/Photographic Evidence[2]

Body-worn Camera (BWC) Footage

Starting at about 10:35:47 a.m., March 23, 2025, TSU officers arrived at a residence in the area of Penetanguishene Road and Georgian Drive, and exited a light-armoured vehicle. WO #4 was in possession of a breaching tool. He followed behind the SO along the front yards of residential homes.

Starting at about 10:39:07 a.m., WO #4 breached the right-side door using the breaching tool. Smoke was observed in the doorway after a distractionary device was deployed by WO #3.

Starting at about 10:40:19 a.m., entry was made into the residence. The SO, WO #4, WO #3, and WO #1, entered through the threshold of the door. The SO went in first, and WO #4 was behind him. The SO announced police tactical unit presence and directed the Complainant to come out: “Barrie Police Tactical Support Unit. [The Complainant’s first name] come out now with your hands up, you’re under arrest.” The SO had his C8 rifle pointed inside of the residence and proceeded to make commands for the Complainant to come out with his hands up. The Complainant was observed at the top of the stairs. The Complainant was wearing an oversized, hooded jacket with a front pocket, and pants. His hands were on top of his head. He descended as the SO gave commands to come down the stairs with his hands up.

Starting at about 10:40:32 a.m., the Complainant had his left hand up near his shoulder and, with his right hand, reached inside the front pocket of his sweater. The SO had his C8 rifle pointed at the Complainant. The Complainant was four steps from the bottom of the stairs when WO #4 loudly exclaimed, “Don’t reach for shit.”

WO #4 grabbed the Complainant’s right hand through the jacket pocket and pulled him down towards the bottom of the stairs where the SO was standing. As the Complainant fell forward, he fell onto the SO’s C8 rifle, which impacted him in the facial area. The Complainant fell back onto the steps and onto the floor on his back. WO #4, the SO and WO #3 surrounded the Complainant, who was laying on the ground speaking unintelligibly. The TSU officers said, “Don’t reach for shit you stupid fuck,” and, “Put your hands behind your back.” Blood could be seen coming from the Complainant’s eye and there was blood on the ground. The Complainant was placed in handcuffs behind the back by WO #2.

Communications Recordings & Computer-assisted Dispatch (CAD) Report

On March 23, 2025, at 6:55 a.m., a woman contacted 911 to report a domestic incident involving the Complainant, who was said to have an illegal firearm and be under the influence of cocaine. Other residents of the house were still inside.

At 6:59 a.m., a sergeant contacted the 911 caller and told her to leave the home (in the area of Penetanguishene Road and Georgian Drive). He indicated he would pick her up at a location a short distance away.

The dispatcher advised units that there was an endorsed bench warrant for the Complainant.

At 7:07 a.m., the sergeant broadcast the firearm in question was last seen around 3:00 a.m. It was believed to be a Glock 17 with part of it 3D printed. It was stored loaded and kept under the pillow of the Complainant’s bed. The 911 caller was taken to the BPS station for her safety.

At 7:16 a.m., containment was set up at the residence in the area of Penetanguishene Road and Georgian Drive.

At 7:42 a.m., the TSU were contacted. A warrant was being sought.

At 7:43 a.m., dispatch advised that the Complainant was aware the police were outside his home based on text messages he sent to the 911 caller. There was a broadcast from a sergeant to responding officers that there might be high-powered long guns inside the residence.

At 9:06 a.m., the TSU responded and mustered at a school parking lot. Tactical medics were on standby, and an ambulance was requested to be on standby as well.

At 10:46 a.m., a BPS officer broadcast that the Complainant had been arrested.

At 10:48 a.m., the Complainant was in the back of an ambulance en route to RVRHC.

At 12:37 p.m., a firearm was located at the residence.

At 2:09 p.m., the Complainant was released from the hospital and taken to the BPS station.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the BPS between March 24, 2025, and April 8, 2025:

• Arrest Report
• BWC footage
• CAD Report
• Communications recordings
• Incident Details Report
• Notes - WO #1
• Notes - WO #2
• Notes - WO #3
• Notes - WO #4
• BPS interview with 911 caller
• BPS interview with CW #1
• BPS interview with CW #2
• BPS interview with CW #3
• Relevant BPS policies

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from RVRHC on April 3, 2025.

The BPS received a 911 call in the morning of March 23, 2025, about a domestic disturbance. A woman had contacted police to report that the Complainant was in possession of cocaine and an illegal firearm. The two resided in a second-floor room of a house situated in the area of Penetanguishene Road and Georgian Drive, Barrie.

The TSU was dispatched to the address. The plan was to breach the front door of the residence and call-out to the Complainant to surrender to police. At about 10:40 a.m., a stack of TSU officers approached the front door and used a battering ram to force it open. A distraction device was deployed into the residence and officers, led by the SO, entered through the doorway into the foyer.

The Complainant, asleep at the time, awoke to the sounds of the officers making entry into the home. At the direction of the officers, he exited his bedroom with his hands up and began to make his way down the stairs. He was wearing a loose-fitting hooded sweatshirt with a front pocket. The Complainant was several steps from the bottom of the staircase when he reached into the front pocket with his right hand to retrieve a vaping device.

Concerned that the Complainant was reaching for a firearm, one of the TSU officers with the SO at the base of the stairs – WO #4 – grabbed him by the right arm and pulled him down. In the process of falling forward, the Complainant suffered a fractured orbital bone when his face struck the barrel of the SO’s C8 rifle.

The Complainant was handcuffed without further incident and taken into custody. He was diagnosed and treated for his injury at hospital following his arrest.

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 in the course of his arrest by BPS officers on March 23, 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 arrest and injury.

The evidence collected by the SIU, including interviews with the Complainant and police eyewitnesses, and video footage that largely captured the incident, gives rise to the following scenario. As was his legal right, the SO chose not to interview with the SIU or authorize the release of his notes.

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 the information provided by the 911 caller, and the fact that he was prohibited from possessing weapons as a term of a release order, I am satisfied that the SO and the TSU were within their rights in seeking to arrest the Complainant.

I am also satisfied that the TSU used no more force than was reasonably necessary in taking the Complainant into custody. The officers had good reason to believe that the Complainant was in possession of an illegal firearm and that he was reaching for the weapon when he placed his right hand into the front pocket of his sweatshirt. As it turned out, the Complainant was only reaching for his vaping device, but the officers could not have known that at the time. In the circumstances, I am unable to reasonably conclude that WO #4 acted precipitously when he immediately took hold of the Complainant and forced him to the floor. That action neutralized what was a reasonably apprehended risk that a gun might be brought into play by the Complainant. Thus, while it is regrettable that the Complainant struck the SO’s rifle on the way down and broke his orbital bone, the injury was not the result of any unreasonable force having been brought to bear by the police.[3]

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

Date: July 18, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit