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

Notification of the SIU[1]

On May 31, 2025, at 10:16 p.m. (EST),[2] the Ontario Provincial Police (OPP) Kenora Detachment contacted the SIU with the following information.

On May 31, 2025, at 6:07 p.m., Civilian Witness (CW) #2 contacted the OPP to report that a heavily intoxicated woman, the Complainant, was laying on the sidewalk beside her walker at the intersection of First Street and Matheson Street. CW #2 requested that the OPP contact “Makwa” [a community-based initiative focused on safety and well-being for vulnerable persons]; however, Makwa refused to assist because of previous negative interactions with the Complainant. The Subject Official (SO) was dispatched and arrested the Complainant for public intoxication. The officer requested that a female officer attend to take the Complainant to the Kenora Detachment for safety precautions. At 6:21 p.m., Service Employee Witness (SEW) #2 and SEW #1 arrived on scene, and the Complainant was assisted into the rear of the police vehicle. At 6:23 p.m., the Complainant arrived at the Kenora OPP Detachment. She refused officer assistance exiting the vehicle, and fractured her lower right leg stepping out of the cruiser into the sally port. At 6:44 p.m., the Complainant was transported by Emergency Medical Services (EMS) to the Lake of the Woods District Hospital (LWDH) where she was admitted. Medical staff refused to provide a medical update to police other than the Complainant had suffered a broken bone in her right leg. The Complainant was to remain overnight in hospital because of her intoxication.

On June 1, 2025, the Complainant was airlifted to the Thunder Bay Regional Health Sciences Centre (TBRHSC) for surgical intervention to her leg. The Complainant’s condition was not considered life-threatening.

The Team

Date and time team dispatched: 2025/06/01 at 7:00 a.m.

Date and time SIU arrived on scene: 2025/06/01 at 11:00 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on June 10, 2025.

Civilian Witnesses

CW #1 Interviewed

CW #2 Interviewed

The civilian witnesses were interviewed between June 1, 2025, and June 3, 2025.

Subject Official

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

Witness Official (WO)

WO Interviewed; notes received and reviewed

The witness official was interviewed on July 4, 2025.

Service Employee Witnesses

SEW #1 Interviewed

SEW #2 Interviewed

The service employee witnesses were interviewed between June 18, 2025, and July 7, 2025.

The Scene

The events in question transpired outside Hing’s restaurant, 101 Matheson Street South, Kenora, and the sally port of the OPP Kenora Detachment.

Video/Audio/Photographic Evidence[3]

Video Footage – 45 Matheson Street South

On May 31, 2025, starting at about 5:53:10 p.m., a burgundy pick-up truck was captured parked facing east on the south side of First Street South. A woman - the Complainant - sat alone on a walker-assisted device off the sidewalk, partially obscured by the pick-up.

Starting at about 5:56:02 p.m., the Complainant slowly and unsteadily shuffled with the assistance of her walker from the dirt area of the parking lot behind Hing’s restaurant (101 Matheson Street South) onto the concrete sidewalk. She remained upright with the stability of the walker.

Starting at about 5:57:42 p.m., the Complainant shuffled to the curbside edge of the sidewalk near the rear, passenger side corner of the pick-up truck. The front wheels of her walker dropped over the curb. The Complainant twice said, “Ow!” and remained upright. She was partially obscured by the truck when she said, “Help me!” and “Ow!”

Starting at about 5:58:10 p.m., the Complainant toppled to the edge of the roadway, obscured by the truck. She appeared to land on her right side.

Starting at about 5:58:55 p.m., a black pick-up parked in the lot adjacent to Hing’s. CW #1 exited from the passenger side and assisted the Complainant. He crouched behind the pick-up, and the Complainant said, “Ow!” again. Their conversation was distorted and inaudible.

Starting at about 6:01:10 p.m., a woman - CW #2 - approached. The Complainant remained on the ground out of visual range of the camera.

Starting at about 6:06:17 p.m., an unknown man entered the driver’s seat of the pick-up and departed with no contact or interaction with the Complainant. She was now visible sprawled on the roadway next to the curb.

Starting at about 6:06:57 p.m., CW #1 offered to place the Complainant’s walker beside her to get into an upright position, but she refused. No other physical attempts were made to aid the Complainant, and she remained on her right side in a recovery position with minimal movement.

Starting at about 6:09:59 p.m., a marked OPP cruiser with lights activated arrived eastbound on First Street South and parked approximately three metres away from the Complainant.

Starting at about 6:10:34 p.m., the SO bent over and conversed with the Complainant. The conversation was inaudible. CW #2 and CW #1 departed. The Complainant appeared unresponsive as she lay on the roadway.

Starting at about 6:11:47 p.m., the SO used his right arm to raise the Complainant to a seated position on the roadway.

Starting at about 6:13:41 p.m., the SO grasped both arms and pulled the Complainant to an upright position. She had difficulty keeping her pants at waist level as the officer held her steady. She said, “Ow!” and was unable to lift her feet over the curb or maintain balance. The SO lowered her gently to the ground where she remained in a seated position on the roadway adjacent to the curb.

Starting at about 6:15:35 p.m., EMS approached slowly but were waved off by the SO.

Starting at about 6:16:12 p.m., an OPP marked truck arrived, operated by the WO.

Starting at about 6:18:22 p.m., an OPP prisoner transport van arrived. SEW #2 exited the passenger side. SEW #2 placed both hands under the Complainant’s armpits from behind and lifted her to a standing position. The Complainant used her walker for support. SEW #2 assisted in pulling the Complainant’s pants to her waist. She maintained a hand on the Complainant’s back for support.

Starting at about 6:20:11 p.m., the SO positioned his cruiser so that the rear passenger door was aligned close to the Complainant. The cruiser obscured the Complainant as SEW #2 slowly assisted her to the open door and into the rear seat without assistance from other officers. The walker was stored in the rear of the WO’s vehicle.

Starting at about 6:24:11 p.m., all OPP vehicles departed, with the Complainant secured in the rear of the SO’s vehicle.

Video Footage – OPP Sally Port

SEW #2 was captured entering the sally port and opening the large door. The SO drove his marked police vehicle into the bay area. The SO opened the right rear door. SEW #2 approached the Complainant, who was seated in the back.

At 7:35 p.m. (EST),[4] SEW #2 moved in closer, and the Complainant exited the police vehicle. The SO held her right arm, and SEW #2 held the left arm, assisting the Complainant from the vehicle. The Complainant stood still.

At 7:36 p.m. (EST), another male special constable arrived and walked quickly to the front of the police vehicle out of camera view, thereafter, returning with a chair. Partially obstructed by the police vehicle, the Complainant was now sitting in the chair.

At 7:44 p.m. (EST), EMS arrived, and the Complainant was placed on a stretcher.

OPP Communications Recordings

On May 31, at 7:08 p.m. (EST), a 911 call was received from CW #2 reporting the Complainant lying down on the road. CW #2 advised that the Complainant did not want police or an ambulance but requested the services of Makwa for transportation. CW #2 advised the Complainant appeared intoxicated. She would wait for the police to arrive.

The SO arrived on scene and advised EMS was not required, just Makwa. The dispatcher advised Makwa had been dealing with the Complainant all day, who was intoxicated but refusing to attend detox. The SO asked for another police unit to attend. The WO and SEW #2 advised they would respond.

At 7:23 p.m. (EST), the WO advised the Complainant was now in the back of the police vehicle and would be transported to the detachment.

At 7:35 p.m. (EST), the WO advised they required EMS to attend the detachment. The dispatcher advised EMS was en route.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP between from June 2, 2025, and June 6, 2025.

• Names, contact information, and statements of all civilian witnesses
• Communications recordings
• CAD Report
• General, Supplementary and Arrest reports
• Custody footage
• Photographs
• Notes - the SO, the WO, SEW #2 and SEW #1

Materials Obtained from Other Sources

The SIU obtained records from the following other sources between June 9, 2025, and June 30, 2025.

• The Complainant’s medical records from LWDH and TBRHSC
• Video footage – Co-op Store
• Video footage – 45 Matheson Street South

The evidence collected by the SIU, including interviews with the Complainant and police and non-police witnesses, and video footage that captured the incident in part, gives rise to the following scenario. As was his legal right, the SO chose not to interview with the SIU. He did authorize the release of his notes.

In the evening of May 31, 2025, the SO was dispatched to First Street South and Matheson Street South, Kenora. A citizen had contacted police to report a woman – the Complainant – in need of assistance. An intoxicated Complainant was lying on the ground.

The Complainant, who walked with the assistance of a walker, had fallen beside a pick-up truck.

The SO arrived on scene and was refused by the Complainant when he offered to call for medical attention. A female special constable arrived on scene and helped the Complainant up and into the back seat of the SO’s cruiser. The Complainant favoured her right leg. The officer’s intention was to keep the Complainant in custody at the detachment until she was sober.

Arriving at the OPP Kenora Detachment, the SO and the special constable assisted the Complainant out of the cruiser in the sally port. Shortly after, as the Complainant stood, a popping sound came from the Complainant’s right leg. The Complainant was seated pending the arrival of paramedics.

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

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.

Section 31, Liquor Licence and Control Act - Intoxication

31 (1) No person shall be in an intoxicated condition in,

(a) a place to which the general public is invited or permitted access; or

(b) any part of a residence that is used in common by persons occupying

more than one dwelling in the residence.

(2) A police officer or conservation officer may arrest without warrant any person who is contravening subsection (1) if, in the opinion of the officer, it is necessary to do so for the safety of any person.

The Complainant was diagnosed with a serious injury following her apprehension by an OPP officer in Kenora on May 31, 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 arrest and 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.

There is no evidence that the SO failed to comport himself with due care and regard for the Complainant’s wellbeing throughout their engagement. The officer made the necessary assessments at the scene and reasonably concluded that the Complainant should be arrested under section 31(2) of the Liquor Licence and Control Act, 2019. She was significantly intoxicated, had refused medical attention, and was incapable of looking after herself. Thereafter, the evidence indicates that the Complainant was carefully stood up and walked to the SO’s cruiser. The same is true of the events in the sally port, where the SO and a special constable helped the Complainant out of the cruiser. At that time, there would have been no indication that simply having the Complainant momentarily on her feet would risk breaking her ankle. Once the “pop” was heard and the Complainant’s injury was apparent, the officers acted appropriately in quickly calling for paramedics.

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

Date: September 24, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit