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 54-year-old man (the “Complainant”).

Notification of the SIU[1]

On April 23, 2025, at 9:13 p.m., the Windsor Police Service (WPS) contacted the SIU with the following information.

On April 23, 2025, at 11:20 a.m., WPS officers were dispatched to assist two sheriffs with the court-ordered eviction of the Complainant from a residence in the area of Walker Road and Seminole Street, Windsor. At 11:30 a.m., Subject Official (SO) #1 and SO #2 arrived and met with the two sheriffs. The officers and the sheriffs entered the apartment and advised the Complainant he was under arrest. The Complainant began yelling at the officers to get out, took a fighting stance, and clenched his hands. The officers took physical control of the Complainant and guided him to the ground. However, due to the cluttered apartment, the Complainant struck his head on a bicycle stored in the apartment. The officers ordered the Complainant to place his hands behind his back. He refused and tucked his arms under his chest. The officers tried to free his arms and then delivered multiple closed fists strikes to the Complainant’s torso and head. The Complainant was handcuffed at 11:36 a.m. After being handcuffed, the officers noticed a small cut above the Complainant’s right eyebrow and a swollen upper lip. Emergency Medical Services (EMS) were called to the scene to assess the Complainant’s injuries. The Complainant declined treatment and was transported to WPS headquarters, where he complained of rib and back pain. EMS were called at 12:55 p.m. and, at 2:48 p.m., he was transported by EMS to Windsor Regional Hospital – Ouellette Campus (WRH). At 8:51 p.m., the Complainant was admitted to the hospital for multiple rib fractures and low oxygen levels.

The Team

Date and time team dispatched: 2025/04/24 at 7:28 a.m.

Date and time SIU arrived on scene: 2025/04/24 at 11:30 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on April 24, 2025.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

The civilian witnesses were interviewed between April 29, 2025, and May 1, 2025.

Subject Officials

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 in the upper unit of a building located in the area of Walker Road and Seminole Street, Windsor.

Physical Evidence

The unit was a small apartment on the second-level of a two-storey dwelling. The area of interaction occurred in a tight space between the couch and the fridge. The unit was cluttered with belongings, including a bicycle that stood next to the couch.

Video/Audio/Photographic Evidence[2]

WPS Communications Recordings

On April 23, 2025, at 11:15:58 a.m., CW #1 phoned 911 and advised he needed help evicting the Complainant, who was punching walls and getting in their faces.

SO #1 and SO #2 were dispatched at 11:21 a.m. They were provided background information for the Complainant, which included cautions for violence.

At 11:39 a.m., SO #1 reported the Complainant was in custody. He indicated they were in the backyard and requested EMS, as the Complainant had a little cut on his face.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the WPS on April 25, 2025:

• Communications recordings
• Computer-aided Dispatch Report
• Occurrence Report
• Notice to Vacate – the Complainant
• WPS polices - Arrest / Use of Force

Materials Obtained from Other Sources

On April 25, 2025, the SIU obtained the Complainant’s medical records from WRH.

The evidence collected by the SIU, including interviews with the Complainant and two non-police eyewitnesses, gives rise to the following scenario. As was their legal right, neither subject official agreed an interview with the SIU or the release of their notes.

In the morning of April 23, 2025, WPS officers were dispatched to the upper unit of the building located in the area of Walker Road and Seminole Street. They were sent to assist sheriffs - CW #1 and CW #2 - in evicting the unit’s tenant – the Complainant. The Complainant had earlier reacted with hostility to the sheriffs’ presence and refused to vacate the premises.

SO #1 and SO #2 arrived on scene, were briefed by the sheriffs, and made entry into the unit. The Complainant was arrested shortly following a struggle inside the residence.

The Complainant was transported to hospital after his arrest and diagnosed with multiple right-sided rib fractures.

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 127, Criminal Code - Disobeying Order of Court

127 (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of

(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or

(b) an offence punishable on summary conviction.

The Complainant was seriously injured in the course of his arrest by WPS officers on April 23, 2025. The SIU was notified of the incident and initiated an investigation, naming two WPS officers 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 injuries.

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.

The court-ordered eviction notice that had been served on the Complainant required that he vacate the property by 0900 hours of April 23, 2025. His failure to do so, and his obstinance towards the sheriffs there to enforce the order, rendered him subject to arrest under section 127 of the Criminal Code.

With respect to the force brought to bear by SO #1 and SO #2, there is insufficient evidence to reasonably conclude it was unlawful. A rendition of events proffered in the evidence indicates the Complainant was cooperative with SO #1 and SO #2 but was nevertheless set upon by the officers, who grounded him forcefully and repeatedly kicked and punched his head and torso. This account, however, is contested. In evidence that describes proportionate and reasonable force, it is said that the Complainant physically resisted arrest from the moment the officers entered the unit, and that he continued to fight the officers – flailing his arms and legs – even after he was grounded. The officers eventually wrestled control of the Complainant’s arms and handcuffed them behind the back without the use of any strikes. On this record, there being nothing in the evidence to prefer one account over the other, I am unable to conclude that reasonable and probable grounds exist to believe either subject official used unlawful force.

In the result, while I accept that the Complainant’s fractured ribs were incurred in the altercation that marked his arrest, perhaps the result of his grounding by the officers, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: August 13, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit