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 injuries of a 37-year-old man (the “Complainant”).

Notification of the SIU[1]

On March 27, 2025, at 11:55 a.m., the Law Enforcement Complaints Agency (LECA) notified the SIU of a complaint their office had received on March 4, 2025, in which the Complainant alleged he had been injured by a police officer. The Complainant reported he was assaulted by Ontario Provincial Police (OPP) officers in the Town of Orillia, and suffered a broken left hand and a dislocated shoulder as a result of arrests on September 5 and 11, 2024.

On March 27, 2025, following inquiries to LECA and the OPP, the SIU ascertained that the Complainant had interacted with OPP officers on September 13 and September 14, 2024. No injury or hospital attendance were documented in OPP reports. The SIU subsequently learned that OPP officers had also interacted with the Complainant on September 15, 2024, which resulted in a Mental Health Act (MHA) apprehension at Couchiching Beach, Orillia, and his admission to Orillia Soldiers’ Memorial Hospital (OSMH). Again, no injuries were documented in OPP reports.

On March 27, 2025, the SIU contacted the Complainant, who explained he had sustained a fractured left hand and a dislocated left shoulder because of his interaction with OPP officers. At the time, the Complainant had no medical records to substantiate his allegation; however, he advised that he would obtain and provide them.

On April 22, 2025, the Complainant provided medical records from OSMH for the dates of September 15 to 17, 2024. The records confirmed a broken bone in his left hand, whereupon the SIU initiated an investigation.

The Team

Date and time team dispatched: 2025/05/05 at 5:37 a.m.

Date and time SIU arrived on scene: 2025/05/12 at 9:00 a.m.

Number of SIU Investigators assigned: 2

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

Interviewed; medical records obtained and reviewed

The Complainant was interviewed on May 15, 2025.

Civilian Witnesses (CW)

CW #1 Not interviewed (declined)

CW #2 Interviewed

The civilian witness was interviewed on June 27, 2025.

Subject Officials (SO)

SO #1 Declined interview and to provide notes, as is the subject official’s legal right

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

The Scene

The events in question transpired on and around a trail near Couchiching Park, Orillia.

Video/Audio/Photographic Evidence[2]

OPP Communications Recordings

On September 15, 2024, starting at about 6:46:48 a.m., the OPP received a call from CW #1 reporting a suspicious person in the area of Couchiching Park. Officers were dispatched to investigate. OPP dispatch also requested the attendance of Emergency Medical Services (EMS), advising a vehicle was parked near the park with all its doors open and a man [the Complainant] sitting on the pavement nearby. The Complainant was reportedly yelling, appeared intoxicated, and was making statements about people lacking respect. EMS confirmed they would meet officers at the location.

The OPP dispatcher subsequently notified the emergency department at OSMH that officers were transporting an uncooperative individual, the Complainant.

The dispatcher also arranged for the Complainant’s vehicle to be removed from the roadway and notified the Rama Police Service of his apprehension.

Computer-aided Dispatch (CAD) Report

On September 15, 2024, at 6:50 a.m., SO #1 and SO #2 were dispatched to a suspicious person complaint near Couchiching Park in Orillia.

The caller, CW #1, reported seeing a man kneeling by the roadside beside a van that was parked in the middle of the road with its doors open. CW #1 believed the man might be intoxicated.

At 7:02 a.m., police arrived and observed a grey Honda Odyssey blocking the roadway. A man [the Complainant] was kneeling in the grass near the vehicle. Officers noted that the vehicle’s trunk and passenger doors were open. In the trunk, they observed an open package of cannabis and a smoking device.

When questioned, the Complainant denied consuming cannabis before driving, stating he had consumed it after the vehicle ran out of gas. He spoke incoherently, making nonsensical comments about the red sun.

At 7:08 a.m., EMS arrived and repeatedly asked the Complainant if he wanted to go to the hospital, but he did not respond. He did, however, disclose that he suffered from post-traumatic stress disorder and had been kicked out of his residence two days earlier.

At 7:13 a.m., concerned for his mental health and safety, SO #1 and SO #2 apprehended the Complainant under the MHA. The Complainant resisted by becoming physically rigid, then limp, and refusing to allow his hands to be handcuffed.

After a brief struggle, the officers managed to secure him in handcuffs behind the back and carried him to the police vehicle. The Complainant was transported to OSMH, where he was subsequently admitted under a Form 1 pursuant to the MHA.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP between May 14, 2025, and May 16, 2025:

• CAD Report
• Communications recordings
• General Occurrence Report
• Arrest Report

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from OSMH on April 22, 2025.

The evidence collected by the SIU, including an interview with the Complainant and a civilian witness, gives rise to the following scenario. As was their legal right, neither subject official chose to interview with the SIU or authorize the release of their notes.

In the morning of September 15, 2024, OPP officers were dispatched to a scene on Centennial Drive in the area of Chouchiching Park, Orillia. A male passerby had contacted police to report a person behaving strangely beside a van parked with its doors open.

The person was the Complainant. His van had run out of fuel in the area. He was high and running through the park, yelling incoherently.

SO #1 and SO #2 arrived on scene, as did paramedics. The Complainant refused to attend hospital and the officers decided to apprehend him under the Mental Health Act. After a brief struggle, the Complainant was handcuffed by SO #1 and SO #2.

Following his arrest, the Complainant was transported to hospital for psychiatric examination. The next day, while still at the hospital, he was diagnosed with a fractured left finger.

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.

The Complainant was seriously injured in the course of his arrest by OPP officers on September 15, 2024. As the Complainant was diagnosed with the injury after his release from custody, the matter did not come to the attention of the SIU until LECA contacted the office on March 27, 2025. The Complainant had filed a complaint with LECA on March 4, 2025, making mention of injuries at the hands of the police. Upon confirmation by the SIU on April 22, 2025, of the Complainant’s injury, the SIU initiated an investigation. Two OPP officers were identified as subject officials – SO #1 and SO #2. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that either subject official 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.

I am satisfied the subject officials were within their rights in moving to take the Complainant into custody. Given what they could discern of his mental health and erratic behaviour, they had grounds to apprehend him under section 17 of the Mental Health Act.

I am also satisfied that there is insufficient evidence to reasonably conclude unlawful force was used by the officers in aid of the Complainant’s arrest. At its highest, the evidence suggests that the officers wrestled to control the Complainant’s arms behind his back, perhaps delivering a strike to the hands. This would not appear an excessive use of force in the context of someone resisting the officers’ efforts to secure his arms.

In the result, while I accept that the Complainant’s fractured left finger was incurred in the struggle that marked his arrest, there is no basis for proceeding with criminal charges against either subject official. The file is closed.

Date: August 12, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit