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 discharge of a firearm by the police at a 57-year-old man (the “Complainant”).

Notification of the SIU[1]

On April 25, 2025, at 12:17 p.m., the Waterloo Regional Police Service (WRPS) contacted the SIU with the following information.

On April 25, 2025, patrol officers responded to a domestic incident at the Super 8 Hotel in Cambridge where the Complainant was armed with a knife and hatchet. Emergency Response Team (ERT) officers relieved the patrol officers. During negotiations with the Complainant, a Conducted Energy Weapons (CEW) and an Anti-Riot Weapon Enfield (ARWEN) were deployed. The Complainant was taken to Central Division before being taken to Cambridge Memorial Hospital (CMH).

The Team

Date and time team dispatched: 2025/04/25 at 12:59 p.m.

Date and time SIU arrived on scene: 2025/04/25 at 2:33 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on April 25, 2025.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on April 25, 2025.

Subject Official (SO)

SO Declined interview, as is the subject official’s legal right; notes received and reviewed

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #1 Interviewed; notes received and reviewed

The witness officials were interviewed on May 1, 2025.

The Scene

The events in question transpired in and around a room at the Super 8 Hotel, 650 Hespeler Road, Cambridge.

The room contained two beds, and a refrigerator, desk, wardrobe and television.

Physical Evidence

The following evidentiary items were processed by SIU forensic services:

• The SO’s ARWEN
• Knife and hatchet

Figure 1 – The SO’s ARWEN

Figure 2 - ARWEN projectile

Figure 3 – Knife

Figure 4 – Hatchet

Forensic Evidence

CEW Deployment Data - WO #1 - Taser X2

On April 25, 2025, at 11:32:04 a.m.,[2] the CEW was armed with two cartridges.

At 11:38:29 a.m., the trigger was pulled, and Cartridge 1 deployed for five seconds.

At 11:38:34 a.m., the CEW was rendered safe.

At 11:38:35 a.m., the CEW was armed.

At 11:38:36 a.m., the trigger was pulled, and Cartridge 2 was deployed for ten seconds.

At 11:38:47 a.m., the CEW was rendered safe.

CEW Deployment Data – WO #2 - Taser X2

On April 25, 2025, at 11:37:28 a.m., the CEW was armed with two cartridges.

At 11:43:55 a.m., the trigger was pulled, and Cartridge 1 deployed for 6 seconds.

At 11:44:01 a.m., the CEW was rendered safe.

At 11:44:03 a.m., the CEW was armed.

At 11:44:03 a.m., the trigger was pulled, and Cartridge 2 deployed for five seconds.

At 11:44:11 a.m., the CEW was rendered safe.

Video/Audio/Photographic Evidence[3]

WRPS Body-worn Camera (BWC) Footage

On April 25, 2025, starting at about 10:54 a.m., WO #3 knocked on the door of a hotel room. The CW from inside the room said she was afraid the Complainant was going to hurt himself.

Starting at about 10:56 a.m., the CW opened the door and the police officers entered. The Complainant, seated on a bed, raised a knife he was holding to his throat. WO #3 raised a CEW and told the Complainant to relax. The Complainant said he was going to slice his throat, was done with life, and would not drop the knife. WO #3 said they were there to talk and help him. The Complainant spoke of personal challenges, not wanting to go to jail, and wanting to end his life. He asked the police officers to shoot him.

Starting at about 11:25 a.m., the Complainant acknowledged the police officers had guns, and surmised if he charged at them, they would shoot him. WO #3 suggested he not do that.

Starting at about 11:30 a.m., WO #2, carrying a shield and pistol, followed by WO #1 with a CEW and the SO with an ARWEN, entered the room.

Starting at about 11:31 a.m., WO #3 holstered his CEW after an agreement was reached in which he would lower the CEW if the Complainant dropped the knife. After being reassured the CEWs were gone, the Complainant discarded the knife and armed himself with a hatchet, which he placed to his neck. He said he was not going to go to jail and asked the police officers to shoot him.

Starting at about 11:34 a.m., WO #1 assumed primary negotiator responsibilities. He assured the Complainant they were not there to shoot him and implored him not to make a mistake that would impact his life and future.

Starting at about 11:37 a.m., the Complainant said if he charged at the police officers they would have to shoot him. WO #1 replied they did not want to do that and that they did not want to get hurt, nor did they want him to get hurt. The Complainant repeatedly refused to lower the hatchet.

Starting at about 11:38 a.m., with the hatchet held to his neck, the Complainant stood up and looked towards the police officers. WO #1 cautioned him to remain where he was.

WO #1 and WO #2 deployed their CEWs as they advanced towards the Complainant. The SO discharged a single ARWEN round while also advancing. Neuromuscular incapacitation (NMI) was achieved, and the Complainant fell on the bed where he was handcuffed.

WRPS Communications Recordings / Computer-aided Dispatch (CAD) Report

On April 25, 2025, at 9:25 a.m., a woman called WRPS to report that her partner, the Complainant, had threatened to cut her in half. The Complainant had left on a bicycle armed with a knife and hatchet.

At 10:38 a.m., the 911 caller was reportedly at the Super 8 Hotel and the Complainant was in a room.

At 10:56 a.m., the Complainant was said to be holding a knife to his neck and police officers were negotiating with him.

At 11:33 a.m., the Complainant replaced the knife with a hatchet, which he was holding to his throat.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the WRPS between April 25, 2025, to May 21, 2025:

• Names and roles of involved police officers
• General Report
• Arrest Report
• Crown Brief Synopsis
• Communications recordings
• CAD Report
• BWC footage
• CEW deployment data: WO #1 and WO #2
• Use of Force training records - the SO
• Notes - the SO, WO #1, WO #2 and WO #3
• Policies - Arrest and Release / Use of Force

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from CMH on April 27, 2025.

The material events in question, clear on the evidence collected by the SIU, may briefly be summarized. As was his legal right, the SO did not agree an interview with the SIU. He did authorize the release of his notes.

In the morning of April 25, 2025, WRPS was called to the Super 8 Hotel, 650 Hespeler Road, Cambridge. A woman had called to report that her partner – the Complainant – had threatened to kill her. He was in a room in the hotel, and in possession of a knife and hatchet.

Unformed officers arrived on scene and made their way to the hotel room at about 11:00 a.m. The Complainant was seated on a bed, holding a knife to his neck. WO #3 took the lead in speaking to the Complainant but could not persuade him to drop the knife. The Complainant repeatedly indicated that he would not go to jail and wanted to end his life.

ERT officers, including the SO, arrived on scene at about 11:30 a.m., and took charge of police operations. Among their ranks, WO #1 assumed the lead role in communicating with the Complainant. He too met with no success. The Complainant remained resolute that he would not drop the knife and that he wanted to kill himself, even speculating out loud that the officers would have to shoot him if he charged at them. The officers cautioned him not to do that. The Complainant released the knife but retrieved a hatchet from his person and held that to his neck.

At about 11:38 a.m., the Complainant stood from the bed. At the SO’s direction, WO #1 and WO #2 fired their CEWs with no effect on the Complainant. Shortly after, the SO, armed with an ARWEN, fired a single round from his weapon. At about the same time, WO #1 and WO #2 discharged their CEWs again. This time, the Complainant locked-up, dropped the hatchet and fell onto the bed. The officers moved in, took control of the Complainant and handcuffed him behind the back.

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 88, Criminal Code - Possession of Weapon for Dangerous Purpose

88 (1) Every person commits an offence who carries or possesses a weapon, an imitation of a weapon, a prohibited device or any ammunition or prohibited ammunition for a purpose dangerous to the public peace or for the purpose of committing an offence.

(2) Every person who commits an offence under subsection (1)

(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

(b) is guilty of an offence punishable on summary conviction.

Section 264.1, Criminal Code - Uttering Threats

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

(a) to cause death or bodily harm to any person;

(b) to burn, destroy or damage real or personal property; or

(c) to kill, poison or injure an animal or bird that is the property of any person.

The Complainant was struck by an ARWEN round fired by a WRPS officer on April 25, 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 use of the ARWEN.

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 they had at their disposal about the threat the Complainant had made and the weapons in his possession, the officers were within their rights in seeking to arrest him for threatening death and possession of dangerous weapons contrary to sections 264.1 and 88 of the Criminal Code, respectively.

The SO’s use of the ARWEN constituted lawful force. A physical, hands-on engagement was off the table given the knives in the Complainant’s possession. And negotiations had been given a fair chance to achieve a peaceful resolution. On this record, I am unable to reasonably conclude that the SO’s resort to the ARWEN was unwarranted. Faced with a person in possession of knives capable of inflicting grievous bodily harm or death, the use of a less-lethal weapon seems a proportionate use of force. If it worked as intended, it would temporarily incapacitate the subject without causing serious injury, allowing the officers a safe opportunity to move in and take the Complainant into custody. Indeed, together with the use of CEWs, also less-lethal weapons, that is, in effect, what happened.

For the foregoing reasons, there is no basis for proceeding with criminal charges against the SO.[4] The file is closed.

Date: August 19, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit