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 25-year-old woman (the “Complainant”).

Notification of the SIU[1]

On May 15, 2025, at 6:44 a.m., the Toronto Police Service (TPS) contacted the SIU with the following information.

On May 14, 2025, the Complainant was arrested for the offence of ‘assault police officer’, transported to 51 Division, and lodged in cells. At 10:22 p.m., the Complainant was removed from the cell for fingerprinting and photographing. She was uncooperative and struggled with police officers while being returned to her cell. As the officers attempted to secure the cell door, the Complainant’s finger was caught and cut by the cell door. She was transported by police to St. Michael’s Hospital (SMH) and, at 4:40 a.m., May 15, 2025, diagnosed with a fractured finger. Six sutures were used to treat the laceration.

The Team

Date and time team dispatched: 2025/05/15 at 9:00 a.m.

Date and time SIU arrived on scene: 2025/05/15 at 10:30 a.m.

Number of SIU Investigators assigned: 2

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

25-year-old female; interviewed; medical records obtained and reviewed

The Complainant was interviewed on May 21, 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 Not interviewed; notes reviewed and interview deemed unnecessary

WO #3 Not interviewed; notes reviewed and interview deemed unnecessary

The witness official was interviewed on June 11, 2025.

Service Employee Witnesses (SEW)

SEW #1 Interviewed, notes received and reviewed

SEW #2 Interviewed, notes received and reviewed

SEW #3 Interviewed, notes received and reviewed

The service employee witnesses were interviewed on June 11, 2025.

The Scene

The events in question transpired in and around a cell at TPS 51 Division.

Video/Audio/Photographic Evidence[2]

TPS Police Communications

On May 14, 2025, at 4:38 p.m., a 911 call was received regarding a tenant at a building in the area of Yonge Street and Gerrard Street East. The caller requested Mobile Crisis Intervention Team (MCIT) assistance and advised the Complainant had a history of mental health concerns and violence and had been “unwell lately”. The Complainant was outside carrying a large knife inside a white bag. A security guard had observed the knife. Reportedly, the Complainant had previously been pacing up and down her hallway inside the building with the knife. Staff attempted to convince the Complainant to return the knife to her apartment, but she refused and went outside. The caller confirmed the Complainant resided in the building. The Complainant was suspected of having mental health issues.

At 4:41 p.m., the police dispatcher requested police officers attend the building. The police dispatcher also advised that the caller had requested MCIT to attend. It was noted the Complainant reportedly had a knife.

At 4:42 p.m., Emergency Task Force officers were placed on standby.

At 4:44 p.m., officers were cautioned that the Complainant had prior incidents of violent behaviour towards responders.

At 4:45 p.m., it was reported police records contained a caution regarding violence and the Complainant was wanted on one warrant. A criminal record showed one charge was outstanding.

At 4:49 p.m., officers reported the Complainant had been taken into custody.

At 5:02 p.m., a request was made for a female officer to assist with a search.

At 5:14 p.m., the Complainant was transported to 51 Division.

At 10:25 p.m., a request was made for an ambulance to attend 51 Division.

TPS Body-worn Camera (BWC) Footage

Starting at about 4:58 p.m., May 14, 2025, Officer #1 and WO #3 entered the Complainant’s apartment and found the Complainant hiding behind the open door of her washroom.

Starting at about 4:59 p.m., WO #3 picked up a machete-style knife. The Complainant exited the washroom unassisted after the officers spotted her. Officer #2 arrived with the MCIT nurse, and the officers encouraged the Complainant to exit the apartment and speak to the nurse. The Complainant responded she would do so when comfortable. Officer #2 told the Complainant that he and the nurse were a package deal, and he grabbed her left arm and pulled her into the hallway.[3] Officers worked to handcuff the Complainant, and she resisted those efforts. During the struggle, an officer advised the Complainant she was also going to be charged with assaulting a peace officer. The officers led the Complainant outside. She was placed in the back seat of a police vehicle.

Starting at about 9:40 p.m., the SO walked to the Complainant’s cell. Several times he told the Complainant to stay seated as he opened the cell door. The SO advised the Complainant she would be charged with two additional counts of assault peace officer. He read her rights to counsel, and she responded that she wished to speak to a lawyer. The Complainant stood up from the cell bed and walked towards the cell door. The door was closed by the SO, and she was asked to sit down. The SO advised he would contact counsel.

Starting at about 10:19 p.m., the SO returned and opened the cell. He walked the Complainant out of the cell to facilitate a lawyer call. Also present were SEW #3, SEW #2, and WO #2. The Complainant verbally declined duty counsel and said she wanted to have her food. Officers repeatedly asked if she wanted a lawyer. She indicated “no” by shaking her head. SEW #3 and the SO attempted to return the Complainant to her cell by guiding her inside the open cell door. While the cell door was being closed, the Complainant stuck out her left arm to prevent it closing. Her hand was pushed back into the cell by SEW #3. She then attempted to exit through the cell door, which was still ajar. She placed her hand on the outside of the cell door handle and had her head partially out of the cell door. The SO had his hand on the Complainant’s left shoulder, keeping her from exiting. The Complainant stated, “I would like to go please.” She stated she would sign a peace bond. She was told by the SO and WO #2 that she would have to get back inside the cell. The SO held the Complainant with his left hand on her left wrist and his right hand holding her left bicep. The SO walked forward guiding her backward into the cell. The Complainant stood on top the cell bed as the SO released his hold of her arm and retreated out of the cell. The cell door was then closed at a fast pace by SEW #2 from the outside, while the SO held on to the cell door handle. The SO released his hold of the door as it closed. The Complainant lunged at the closing door from her cell bed and the SO placed both hands on the outside cell door, helping to close the door. SEW #3 removed his hand from the cell door while the SO still had both hands on the door. The Complainant was heard crying out from inside the cell, consistent with someone who had sustained an injury. She then began jumping up and down in the cell, yelling, “Hospital, hospital, hospital.” The SO closed the cover over the small observation window in the cell door and stated, “She’s fine.” The SO then opened the cover of the observation window and stated, “Damn, it’s her finger.” The Complainant continued to yell for help from inside the cell. The SO stated, “She cut her finger when we were trying to push her in.” The SO requested that SEW #2 retrieve the first-aid kit. He directed the Complainant to wash her hands in the sink and said they would get her a bandage. The Complainant continued yelling “please” numerous times and requesting an ambulance. SEW #2 returned with a first-aid kit and handed it to the SO. SEW #2 stated a sergeant had been notified and was on his way. The SO expressed concern to WO #2 that if they reopened the cell door, the Complainant would continue to fight. He stated the injury looked like a small cut and there were no broken bones.

Starting at about 10:25 p.m., WO #1 arrived in the cell area and was briefed by the SO.

Starting at about 10:27 p.m., the cell door was opened with WO #1 present at the cell door. The Complainant walked out of the cell. WO #1 advised her that she would be handcuffed with her hands behind her and took a hold of her left arm. She began pulling away and would not surrender her hands, stating, “My hands are cut.” There was red residue observed on her hands, consistent with the appearance of blood. SEW #2, SEW #3, WO #2 and the SO attempted to control the Complainant. She was brought to the ground into a seated position and continued resisting by kicking her legs. The Complainant was placed on her stomach with all the officers trying to gain control of her and assisting in the application of handcuffs. She continued to yell.

Starting at about 10:31 p.m., the Complainant was brought to a standing position and leg restraints were applied. The Complainant was then seated on a bench in the booking area. WO #1 confirmed the injury was to her left ring finger.

Video Footage - TPS Booking Area

Starting at about 6:12 p.m., the Complainant was escorted into the booking area by WO #3 and Officer #1. She was paraded in front of WO #1.

The Complainant was arrested for weapons dangerous, assault - peace officer, and on an outstanding warrant for robbery. The Complainant stated she had mental health issues, and was experiencing a mental health crisis.

Starting at about 6:20 p.m., the Complainant’s handcuffs were removed, and she was searched by a female officer in the booking area.

Starting at about 6:25 p.m., the Complainant was escorted out of the booking area.

TPS Cell Footage

Starting at about 10:20 p.m., May 14, 2025, the Complainant was assisted into a cell. SEW #3 motioned for her to move into the cell. The Complainant attempted to exit the cell with her arm, head and upper body outside the cell door. The SO entered the cell and directed her into the cell by holding her left arm. She was guided to the corner of the cell to the left of the cell door and then onto the cell bed, which she stood atop. The SO released his hold and retreated out of the cell. As the cell door was closing, the Complainant came off the cell bed and moved quickly towards the closing door. She placed her left hand in the doorway as the door shut and her left ring finger became caught between the door and the cell frame. She pulled free her finger, which appeared to be injured.

Starting at about 10:25 p.m., the Complainant displayed her left hand to the window in the cell door.

Starting at about 10:27 p.m., the cell door was opened, and the Complainant exited the cell.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the TPS between May 14, 2025, and June 30, 2025:

• Computer-aided Dispatch Report
• Communications recordings
• BWC footage
• In-car camera footage
• Cell footage
• Occurrence Report
• Booking Report
• Notes – WO #1, WO #2, WO #3, SEW #1, SEW #2 and SEW #3
• Policies – Arrest, Persons in Custody, and Persons in Crisis

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from SMH on May 27, 2025.

The evidence collected by the SIU, including interviews with the Complainant and police eyewitnesses, and video footage that 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.

In the evening of May 14, 2025, the Complainant found herself detained in cells at TPS 51 Division. She had been arrested earlier in the day for possessing a dangerous weapon and assaulting a peace officer. The Complainant, who suffered with mental illness, behaved erratically with police from the moment of her arrest through her period in custody. While being transported back to her cell after being fingerprinted and photographed, she had kicked one of the escorting special constables and bitten the other. She was charged with additional counts of assaulting a police officer for that behaviour.

At about 10:20 p.m., the Complainant suffered a fractured left ring finger when she attempted to prevent the cell door being closed. The SO had moments prior pushed an unwilling Complainant back into the cell after she had been temporarily removed to speak to counsel. As the officer backed out of the cell and, with the assistance of a special constable, went to close the cell door, the Complainant had rushed forward to keep it open, her finger catching between the door and the door jam in the process. The Complainant screamed in pain.

The Complainant was transported to hospital and diagnosed with a fractured finger.

Sections 219 and 221, Criminal Code - Criminal Negligence Causing Bodily Harm

219 (1) Every one is criminally negligent who

(a) in doing anything, or

(b) in omitting to do anything that it is his duty to do,

shows wanton or reckless disregard for the lives or safety of other persons.

(2) For the purposes of this section, duty means a duty imposed by law.

221 Every person who by criminal negligence causes bodily harm to another person is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction.

The Complainant was seriously injured in the custody of the TPS on May 14, 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.

The offence that arises for consideration is criminal negligence causing bodily harm contrary to section 221 of the Criminal Code. The offence is reserved for serious cases of neglect that demonstrate a wanton or reckless disregard for the lives or safety of other persons. It is predicated, in part, on conduct that amounts to a marked and substantial departure from the level of care that a reasonable person would have exercised in the circumstances. In the instant case, the question is whether there was a want of care on the part of the SO, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s injury. In my view, there was not.

There were no questions raised in the investigation around the lawfulness of the Complainant’s arrest and detention. The evidence indicates there were grounds to take her into custody for the offences of weapons dangerous and assault police officer.

With respect to the cell door being closed on the Complainant’s finger, I am not satisfied that it was the result of any want of vigilance on the part of the SO that transgressed the limits of care prescribed by the criminal law. A belligerent Complainant had earlier struggled against the efforts of special constables to re-lodge her in a cell, biting one of them and kicking the other. Here, again, she resisted the officers’ efforts to place her in the cell. After trying over a period to persuade her to return willingly, the SO acted reasonably in taking hold of her and pushing her back into the cell. He then did what one might have expected – he backtracked out of the cell and tried (with the help of a special constable) to close the cell door before the Complainant could intervene to prevent that happening. Regrettably, the Complainant reacted quicker than the officer could fully close the door. At most, that miscalculation amounted to a momentary lapse in judgement that fell short of a marked and substantial departure from a reasonable standard of care.

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

Date: September 11, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit