SIU Director’s Report - Case # 25-OCI-213

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Mandate of the SIU

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.

Information Restrictions

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.

Mandate Engaged

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 22-year-old man (the “Complainant”).

The Investigation

Notification of the SIU[1]

On May 24, 2025, at 8:20 p.m., the Peel Regional Police (PRP) notified the SIU of a serious injury to a male.

According to the PRP, on May 24, 2025, at 6:15 p.m., PRP officers responded to Toronto Pearson Airport, Terminal 3, on information that a man [now known to be the Complainant] was climbing concrete barriers. The police officers located him and asked him to get down. The Complainant jumped and landed on the ground, nine to 12 metres below. He was taken by Emergency Medical Services to Sunnybrook Health Sciences Centre (SHSC) where he was diagnosed with a mid-spinal injury.

The Team

Date and time team dispatched: 2025/05/24 at 8:39 p.m.

Date and time SIU arrived on scene: 2025/05/24 at 10:15 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on May 29, 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

Witness Official (WO)

WO Interviewed; notes received and reviewed

The witness official was interviewed on May 30, 2025.

Evidence

The Scene

The events in question transpired on and around Toronto Pearson Airport, Terminal 3 Arrivals, outbound ramp.

Physical Evidence

The east/west outbound ramp was on a bridge that passed over a road leading to Terminal 1 parking. The 1.04-metre-tall cement barrier bordering the ramp had metal tubing affixed to the top. The distance from the barrier to the grass below was 6.98 metres. Parked on the north side of the ramp was a PRP marked Dodge Durango, known to have been previously occupied by SO #1 and SO #2.

SIU forensic services attended and processed the scene.

Figure 1 - Toronto Pearson Airport, Terminal 3 Arrivals, outbound ramp

Video/Audio/Photographic Evidence[2]

PRP Body-worn Camera (BWC) Footage - SO #1 and SO #2

On May 24, 2025, starting at about 6:15 p.m., SO #1 and SO #2 were standing on the outbound ramp at Toronto Pearson Airport, Terminal 3 Arrivals. Their police vehicle was stopped in the north lane of the three-lane roadway. SO #2 advised dispatch that they had asked a man [the Complainant] to get down from the barrier. When they got out of their police vehicle, he jumped. The police officers descended to where the Complainant was laying on the grass in a prone position. He was conscious and complaining of pain, and could not feel his back. SO #2 asked the Complainant why he jumped, and he replied, “My life is so fucked man.”

PRP Communications Recordings

On May 24, 2025, at 3:50 p.m., the Greater Toronto Airport Authority (GTAA) communications centre called the PRP communications centre on the telephone and advised that a disoriented man [the Complainant] was wandering around the Terminal 3 road departure level parking garage. The caller expressed concern for his safety.

At 3:54 p.m., police officers were dispatched and located the Complainant. He was escorted to a Toronto Transit Commission bus and left the property.

At 6:15 p.m., SO #1 advised PRP dispatch by police radio that he and SO #2 were exiting Terminal 3 when a man [the Complainant] jumped from the road onto the grass below. SO #2 told the Complainant to get down, and when they got out of their vehicle, he jumped. The Complainant was alert and breathing, and they required an ambulance.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the PRP between May 24, 2025, and June 3, 2025:

  • Names and roles of involved police officers
  • Incident Details Report
  • Computer-aided Dispatch Report
  • Communications recordings
  • BWC footage
  • Notes - the WO
  • Policies: Mental Health and Addiction, and Incident Response

The SIU obtained the following record from the Toronto Police Service on May 30, 2025:

  • General Occurrence Report

Materials Obtained from Other Sources

The SIU obtained records from the following other sources between June 6, 2025, and August 5, 2025:

  • Video footage from GTAA
  • The Complainant’s medical records from SHSC

Incident Narrative

The evidence collected by the SIU, including an interview with the Complainant, 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 early evening of May 24, 2025, SO #1 and SO #2 had finished their shift at the airport and were leaving in their cruiser when they observed a male on the outside aspect of the barrier bordering the elevated outbound ramp on which they were travelling. The officers stopped their cruiser, exited, inquired what was wrong, and watched as the male jumped off the ramp.

The male was the Complainant. The Complainant appears to have been of unsound mind around the time of these events. He had been reported missing the day before in Toronto and there was an active missing persons investigation for him at the time of his jump. It was reported to the police that he was depressed and harbouring suicidal thoughts.

The Complainant was transported to hospital and diagnosed with a broken back.

Relevant Legislation

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.

Analysis and Director’s Decision

On May 24, 2025, the Complainant was seriously injured when he jumped from a height following a brief interaction with PRP officers. The SIU was notified of the incident and initiated an investigation, naming SO #1 and SO #2 the subject officials. 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 injuries.

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 SO #1 and SO #2, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s fall. In my view, there was not.

The officers had only just exited their cruiser and approached the Complainant when he let go of the railing and jumped. They had no opportunity to intervene to prevent the Complainant’s fall. After the jump, they acted quickly to report the matter and secure medical attention. On this record, there is no question of either officer having transgressed the limits of care prescribed by the criminal law.

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

Date: September 16, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit

Endnotes

  • 1) Unless otherwise specified, the information in this section reflects the information received by the SIU at the time of notification and does not necessarily reflect the SIU’s findings of fact following its investigation. [Back to text]
  • 2) The following records contain sensitive personal information and are not being released pursuant to section 34(2) of the Special Investigations Unit Act, 2019. The material portions of the records are summarized below. [Back to text]

Note:

The signed English original report is authoritative, and any discrepancy between that report and the French and English online versions should be resolved in favour of the original English report.