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 38-year-old man (the “Complainant”).

Notification of the SIU[1]

On May 31, 2025, at 5:39 p.m., the Ontario Provincial Police (OPP) Orillia Detachment contacted the SIU with the following information.

On May 31, 2025, at 2:13 a.m., the Civilian Witness (CW), an UBER driver, called the OPP in Orillia to report that a male, the Complainant, was heavily intoxicated and attempting to damage his vehicle situated near a Tim Hortons restaurant at the intersection of Colborne Street and West Drive, Orillia. At 2:20 a.m., the Subject Official (SO) and Witness Official (WO) #3 arrived as the Complainant was being subdued by several citizens. The SO and WO #3 engaged the Complainant, who resisted the officers’ efforts. The Complainant was taken to the ground where he continued to fight the officers. WO #2 arrived and, at 2:22 a.m., the Complainant was handcuffed. The Complainant refused to walk and was carried to the SO’s cruiser, where he was physically placed in the rear seat. At 2:29 a.m., the SO transported the Complainant to the Orillia Detachment. WO #3 and WO #2 followed in separate cruisers. At 2:36 a.m., the SO arrived at the detachment. The Complainant refused to exit and was removed from the cruiser. He was eventually lodged in a holding cell pending a bail hearing on several criminal charges that included mischief, assault police officer, and resist arrest. At about 6:00 a.m., the Complainant awoke and complained of pain to his right hand. He was transported to Orillia Soldiers’ Memorial Hospital (OSMH) and diagnosed with a fractured right hand.

The Team

Date and time team dispatched: 2025/06/01 at 10:47 a.m.

Date and time SIU arrived on scene: 2025/06/03 at 5:00 p.m.

Number of SIU Investigators assigned: 1

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on June 3, 2025.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on June 5, 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 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

The witness officials were interviewed on June 17, 2025.

The Scene

The events in question transpired in and around the parking lot of 17 Colborne Street East, Orillia.

Video/Audio/Photographic Evidence[2]

Communications Recordings

The OPP received seven calls about a disturbance involving a male on Colborne Street. The male was reportedly yelling and fighting with individuals while jumping on several cars and using his hands to damage them.

Several officers were dispatched for a ‘disturb the peace’ call involving a male said to be kicking the door of vehicles and assaulting a female.

The SO broadcast that the male was under arrest and kicking the window of his cruiser. He requested that other officers standby in the cell area to assist.

Video Footage – Facebook

A video posted on Facebook began on May 31, 2025, at around 2:00 a.m., at which time the Complainant was captured walking eastbound on Colborne Street East towards a westbound vehicle. As the vehicle attempted to go around the Complainant, he quickly ran at it and jumped on the hood. The Complainant sprawled out on the hood, looked in the windshield at the driver, held on to the hood with his left hand and punched the windshield aggressively with his right hand. The driver swerved as he accelerated, causing the Complainant to fall off the vehicle onto the roadway. The Complainant then rose to his feet and walked eastbound on the north side of Colborne Street East, out of camera range.

OPP Body-worn Camera (BWC) Footage

WO #1 and Officer #1 were the first to arrive on scene on May 31, 2025, at about 2:20:01 a.m., followed by the SO. As they exited their vehicles, two men fighting on the street ended up on the hood of a cruiser. The officers quickly separated the men at 2:21:06 a.m. and determined that one of them – the Complainant – was the subject of the 911 calls. The Complainant was combative and uncooperative with the officers. WO #2 arrived and attempted to calm him at 2:20:51 a.m. WO #1, the SO and Officer #1, were unable to control the Complainant while he stood. Officers grounded him at about 2:21:10 a.m. WO #3 arrived soon after the Complainant was grounded. The Complainant was handcuffed and brought to his feet by the SO, WO #1 and WO #3 at 2:23:20 a.m., after which he was walked to the SO’s cruiser, searched and forced into the back seat. The Complainant behaved aggressively in the cruiser, kicking at the window and yelling. The SO left the scene at 2:29:50 a.m. and escorted the Complainant to the detachment. The Complainant could be heard yelling, “Help, I need help,” repeatedly.

The SO’s cruiser entered the sally port at 2:36:35 a.m., with the Complainant in the back seat. As the officers discussed a plan to remove the Complainant and what cell he was going to be brought to, he could be heard yelling and kicking the window and door inside the cruiser. The back door was opened, and the Complainant was quickly removed. He was directed three times to get up but refused and was carried by the officers from the sally port, through the booking area, straight to a holding cell. The Complainant was laid on his stomach at 2:38:34 a.m., as the officers searched him again and removed his handcuffs.

OPP In-car Camera (ICC) Footage

On May 31, 2025, between 2:20:40 a.m. and 2:20:48 a.m., WO #1, the SO, WO #2 and Officer #1 arrived on scene to find two men fighting in front of a black SUV in the middle of the roadway. The men eventually landed on the hood of WO #1’s cruiser.

At 2:21:09 a.m., WO #1 took control of the Complainant’s left arm while the SO grabbed his right. Officer #1 and WO #2 were also present.

At 2:21:30 a.m., the SO grabbed the Complainant’s right leg to destabilize him. WO #1, the SO, WO #2 and Officer #1 forcefully grounded the Complainant, pushing him onto his stomach and then securing him in handcuffs.

At 2:22:22 a.m., WO #3 arrived.

At 2:23:16 a.m., the Complainant was brought to his feet by WO #1, the SO and WO #3, and escorted to the SO’s cruiser.

At 2:23:50 a.m., the Complainant was searched and forced into the back seat of the cruiser.

At 2:26:26 a.m., once in the back seat, the Complainant screamed and yelled at the officers. He was transported away from the scene.

At 2:29:50 a.m., the SO escorted the Complainant to the detachment.

At 2:30:13 a.m., the SO requested that other officers at the detachment assist with the Complainant.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP between May 31, 2025, and June 9, 2025:

• Occurrence Report
• Arrest Report
• Communications recordings
• Computer-aided Dispatch Report
• BWC footage – WO #3, Officer #2, Officer #3, Officer #4, the SO, WO #2 and WO #1
• BWC interviews – Witness #1 and Witness #2

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from OSMH on June 10, 2025.

The evidence collected by the SIU, including interviews with the Complainant, two civilian witnesses and several police officers, and video footage that largely 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 early morning of May 31, 2025, OPP officers from the Orillia Detachment were called to Colborne Street East in the area of 17 Colborne Street East following calls to police about a disturbance involving a belligerent male. The male was yelling and fighting and damaging vehicles.

The male was the Complainant. He was engaged in a hand-to-hand tussle with another male when the first police officer – WO #1 – arrived on scene at about 2:20 a.m. The SO and WO #2 were soon to follow. The latter attempted to calm the Complainant to no avail. WO #1 and the SO took hold of a combative Complainant and forced him to the ground where they were able to secure him in handcuffs. WO #3 arrived shortly after and assisted in lifting the Complainant to his feet.

The Complainant was escorted a short distance to the SO’s cruiser. He refused to enter the back seat willingly and had to be forced inside by the officers. Once inside, he kicked at one of the cruiser’s windows.

The Complainant arrived at the detachment and was lodged in a cell. Later that morning, after complaining of pain in his right hand, he was transported to hospital and diagnosed with a fracture.

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.

The Complainant was diagnosed with a serious injury while in the custody of the OPP on May 31, 2025, following his arrest by OPP officers earlier that day. 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.

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.

With information at his disposal that the Complainant had assaulted other persons and caused damage to property, the SO was within his rights in seeking to arrest him for assault and mischief.

As to the force used by the officers, including the SO, in the Complainant’s arrest, the evidence does not reasonably establish it was unlawful. The Complainant’s hostile demeanour and refusal to cooperate in his arrest made necessary the use of some force by the officers to take him into custody. That force, consisting of a takedown and the use of manual power (without strikes) to control his arms behind the back, was reasonable in the circumstances. Once on the ground, the officers could expect to better manage any continuing resistance on the part of the Complainant. Force was also used to place the Complainant into the cruiser. Again, that force was made necessary by the Complainant’s recalcitrance and consisted in the main of WO #3 pulling him into the cruiser from the opposite rear door – a not unreasonable use of force.

It remains unclear when and how the Complainant broke his right hand. The evidence suggests it could have happened prior to the officers’ arrival on scene as the Complainant used his fists to bang on vehicles. Be that as it may, as there are no reasonable grounds to believe that the officers comported themselves other than within the limits of the criminal law, there is no basis for proceeding with charges in this case. The file is closed.

Date: September 25, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit