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 42-year-old man (the “Complainant”).

Notification of the SIU[1]

On August 26, 2025, at 8:56 a.m., the Waterloo Regional Police Service (WRPS) contacted the SIU with the following information.

On August 25, 2025, at 6:36 p.m., WRPS received a 911 call reporting that the Complainant was assaulting his domestic partner and had confined her for a significant period of time. At 6:40 p.m. the Subject Officer (SO) and Witness Officer (WO) #1 arrived and observed the Complainant’s partner to have significant injuries. The Complainant was asleep in bed. He was arrested at 6:41 p.m. without incident. The Complainant was handcuffed and escorted to the police vehicle. He became agitated, moved his handcuffed hands to the front of his body and began to punch and kick the door, striking his head on the partition. The Complainant was transported to the police station, where he complained to the booking sergeant that his hand was sore. He was taken to the hospital where, at 8:55 a.m. August 26, 2025, he was diagnosed with a broken metacarpal in his left hand.

The Team

Date and time team dispatched: 2025/08/26 at 10:00 a.m.

Date and time SIU arrived on scene: 2025/08/26 at 12:24 p.m.

Number of SIU Investigators assigned: 2

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

42-year-old male; interviewed; medical records obtained and reviewed.

The Complainant was interviewed on August 26, 2025

Civilian Witnesses

CW #1 Interviewed

CW #2 Interviewed

The civilian witnesses were interviewed on August 26, 2025.

Subject Official

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

Witness Officials

WO #1 Interviewed; notes received and reviewed.

WO #2 Interviewed; notes received and reviewed.

WO #3 Not interviewed; notes reviewed and interview deemed not necessary.

The witness officials were interviewed on September 2, 2025.

The Scene

The events in question transpired in a bedroom and living room of a residence in Kitchener.

Video/Audio/Photographic Evidence[2]

WRPS Communications Recordings

On August 25, 2025, CW #1 called 911 to request that police attend a residence because the Complainant had assaulted his domestic partner (CW #2) that morning and CW #1 was unsure if CW #2 was alive. The Complainant had control of CW #1’s and CW #2’s phones, and this was the first opportunity CW #1 had to call 911. The Complainant was reported to be in possession of knives. CW #1 reported that the Complainant and CW #2 were “passed out” in an upstairs bedroom. CW #2 was described as having two black eyes, as well as damage to her nose and lip. CW #1 advised that the Complainant had kicked CW #2 in the ribs.

The dispatcher reported the call was a “933” (domestic dispute), noting the Complainant was going to be in the bed with CW #2.

Body-worn Camera (BWC) Footage

On August 25, 2025, starting at about 6:40 p.m., the SO was captured exiting a police vehicle at the foot of a driveway. A person – CW #1 - spoke with the SO and pointed at the residence. The SO and WO #1 entered the residence. The SO called out the Complainant’s name twice as he climbed the stairs to the second floor of the residence. WO #1 also called out the name. The SO came to and looked into a heavily cluttered bedroom containing a bed on which the Complainant rested on his right side. A large pile of blankets rested between the Complainant and the wall [now known to be where CW #2 was lying]. The SO called the Complainant by name and said, “Let me see your hands.” The Complainant was startled and sat up towards the SO. The Complainant shouted and pulled a pillow across his face as the SO jumped back. CW #2 started to whimper and cry. The Complainant raised his hands as the SO informed the dispatcher he was with the Complainant. The SO used both hands to grab the Complainant by the left ankle and pull him off the bed onto the floor. The Complainant landed on his buttocks and used his right hand to support himself. The SO and WO #1 directed him to turn over and he complied. The SO took the Complainant’s left hand and put it behind his back as WO #1 handcuffed the Complainant’s hands. WO #1 stepped over the Complainant to check on CW #2’s wellbeing. CW #2’s face was injured in a manner consistent with the description provided by CW #1. WO #2 entered the right camera frame.

Starting at about 6:43 p.m. the SO used his left hand under the Complainant’s right bicep to pull him to his feet before directing him downstairs. The SO stood the Complainant in front of a sofa and directed him to sit. The Complainant sat sideways on his left leg. The SO told the Complainant he was under arrest for assault.

Starting at about 6:45 p.m. the Complainant stood and insisted his handcuffs were too tight. He demanded they be loosened. The SO told the Complainant he would have to wait a moment. The SO pushed the Complainant’s chest and he fell back onto the sofa. The Complainant continued to shout and curse at the police officers. The Complainant stood, refused to sit, and insisted the police officers fix his handcuffs. The SO used his left hand to push the Complainant’s chest and he fell back onto the sofa. The Complainant stood again and told the SO not to touch him. The Complainant walked away from the sofa and the SO used both hands to grab the Complainant’s left bicep, pulling him back. Unable to keep pace with the backward motion, the Complainant fell onto his buttocks and rolled onto his right side. The Complainant rolled to his back and the SO used two hands to push on his chest. WO #2 and WO #3 held the Complainant’s legs. The Complainant rolled to his right side. The SO moved the Complainant’s left hand. WO #2 used her right gloved hand to push down on the Complainant’s left hand. The SO told the Complainant to stop moving, and he replied, “Stop hurting me.” The SO directed WO #2 to loosen the left handcuff, and the officer did so.

Starting at about 6:47 p.m. WO #2 used her right hand to hold the Complainant’s left hand down. WO #2, WO #3 and the SO stood around the Complainant. WO #2 and WO #3 subsequently assisted the Complainant to his feet and escorted him from the residence.

**********

On August 25, 2025, starting at about 7:07 p.m., the footage opened with a view from the driver’s seat of a police vehicle [now known to be operated by WO #2]. WO #2 exited the police vehicle and attended the rear passenger door where WO #1, the SO and WO #3 stood. WO #3 held leg restraints and said, “It looks like he’s got the cuffs in the front now.” The SO opened the rear passenger door and circled around the back of the police vehicle to the rear driver side door, opened the door and then re-closed it when the Complainant pushed against it. WO #2 circled to the rear passenger side door as WO #1 took a position at the rear driver side door. The Complainant sat in the back seat with his back to the passenger side of the police vehicle. There appeared to be a struggle as the Complainant leaned onto his back. WO #2 circled to the rear driver side door where the SO and WO #1 held the Complainant’s feet. WO #2 placed leg restraints around the Complainant’s ankles. WO #2 circled to the rear passenger door and assisted WO #3 with controlling the Complainant’s raised arms. The SO pushed the Complainant’s legs into the police vehicle and closed the door. As the SO and WO #2 circled to the rear passenger door, it was closed.

Starting at about 7:12 p.m., the police vehicle started to move.

**********

Starting at about 8:37 p.m., WO #2 entered the side door of an ambulance. A female paramedic and WO #3 sat in the ambulance. The Complainant rested on a stretcher.

Starting at about 8:38 p.m., the paramedic asked the Complainant whether his left hand was bothering him the most. He replied, “Yes, and my foot.” The paramedic asked what happened when he was injured. The Complainant said the officers
“jumped” him.

Starting at about 8:47 p.m. the Complainant was removed from the rear of the ambulance and escorted into a hospital.

In-car Camera (ICC) Footage

On August 25, 2025, starting at about 6:51 p.m., the rear passenger door of a cruiser opened. The Complainant was placed into the back seat by the SO and WO #3. His hands were handcuffed behind the back. The Complainant used both feet to kick at the rear passenger door.

Starting at about 6:57 p.m., the Complainant was read his rights to counsel and informed of his charges.

Starting at about 7:03 p.m., the Complainant used his left foot to kick the rear passenger door. The Complainant proceeded to reposition his handcuffs from the back to the front, after which he used the side of his left fist to strike the partition three times. He called the officer a derogatory name and told her to “hurry up” because the handcuffs were hurting him.

Starting at about 7:06 p.m., the Complainant sat facing the rear passenger door with his feet on the seat. His hands were handcuffed in front of him. The Complainant jumped to his feet in a crouched position on the back seat. The rear passenger door opened as the Complainant crouched in the corner of the rear driver side seat. The SO, WO #3 and WO #1 stood outside the door. The SO held leg restraints in his left hand.

Starting at about 7:09 p.m., the rear driver side door opened, and the Complainant turned abruptly towards the door. Both doors closed and the Complainant said, “Yeah, that’s what I fucking thought.” The Complainant sat facing the rear driver side door and kicked the rear driver side door, which became ajar. Both rear doors opened. The Complainant crouched on his feet with his left knee at his chin and the right knee pointed downward. The Complainant flinched towards the rear driver side open door and chuckled as he sat back. WO #3 reached into the open rear passenger door and used his right hand to grab the Complainant’s right shoulder and tip him backwards. WO #2’s right hand reached around WO #3 and held the Complainant’s chin backwards. The Complainant said, “You pulled your gun on me, man, that’s hilarious. You (unintelligible) to pull your gun on me handcuffed,” and then made a derogatory comment about the officer. The SO used his left hand to grab the Complainant’s left leg, then used both hands to pull the left leg straight. WO #3 used both hands to hold the Complainant’s chin back. The SO, WO #2 and WO #1 worked to secure the Complainant’s ankles in the leg restraints.

Starting at about 7:10 p.m. the Complainant reached up, made contact with WO #3’s hands and told the officer to remove his hands from his throat. WO #3 said, “Don’t touch me.” The Complainant replied, telling the officers not to touch him. WO #3 said, “Well, stop kicking.” The Complainant thrashed his body and WO #1 shouted, “Hey!” The Complainant said, “He’s got his hands on my fucking throat.” WO #3 released the Complainant’s chin. The Complainant sat up, and WO #3 reached in to grab his left bicep, directing him onto his back. WO #2 assisted WO #3 to hold the Complainant’s arms above his head. The SO said, “Hold him,” and WO #2 and WO #3 held the Complainant’s arms. The Complainant pulled his arms to his chest as the rear driver side door was closed. He used both feet to kick at the rear driver side door. The Complainant freed his feet from the leg restraints.

Starting at about 7:13 p.m., the Complainant used his left foot to kick the rear driver side door and the partition. The Complainant then used his right foot to kick the partition and slammed his right shoulder into the partition three times. The Complainant used his left foot to kick the rear driver door, and then used his left hand to knock on the partition consistently for 25 seconds.

At approximately 7:21 p.m., the police vehicle arrived at 200 Frederick Street.

Custody Footage

On August 25, 2025, starting at about 7:23 p.m., the Complainant was escorted from the sally port into a booking area by multiple police officers. His hands were handcuffed in front of him, and he wore a pair of pajama pants. The Complainant was positioned in a marked square on the floor andasked standard booking questions. When asked about injuries, the Complainant said that he had injuries all over his body, specifying his arm, and bleeding in the area of his pants. He also indicated his left foot hurt. The Complainant claimed that the officers caused his injuries.

Starting at about 7:29 p.m., the Complainant was placed in a cell and his handcuffs were removed through the cell door hatch. The Complainant approached the cell door, used his right hand to point at his left hand in front of him, and said, “I want (indiscernible) a doctor,” and said that he was unable to move his hand properly. The Complainant was provided a sandwich, which he received with his right hand. The Complainant paced back and forth in the cell, then sat on the bench as he ate his sandwich.

Starting at about 7:38 p.m., the Complainant jumped from the bench and shouted at someone, who spoke to him through the door. The Complainant used both open palms simultaneously to strike the cell door as he shouted.

Starting at about 7:57 p.m., the Complainant stood on the bench and used an open right palm to slap the cell door three times. He stood on the bench, leapt at the cell camera, and used an open left hand to smack the camera. The Complainant used his open right hand to slap the cell door four times. The Complainant used a closed right fist to punch the cell door eight times. The Complainant said that he needed to see a doctor because they (officers) had broken his hand. The Complainant was provided a blanket, and he laid down on the bench.

Starting at about 8:07 p.m. the Complainant stood at the cell door and said, “They broke my fucking hand.” A voice from the hall said, “Are you able to move it at all?” The Complainant said, “I really just, lots of pain, so is this one (lifted his right hand), there’s like no feeling in my other one.” He said that the police had stepped on his hand and provided a description of one of the officers. The voice asked if the Complainant wanted an ice pack or to go to the hospital. He replied he wanted to “go to the hospital”.

Starting at about 8:27 p.m. a woman’s voice told the Complainant the ambulance was there. The Complainant got up from the bench, his hands were handcuffed at the hatch, his legs were shackled in the cell by two special constables, and he was escorted from the cell.

Materials Obtained from Police Service

Records Obtained from Service

The SIU obtained the following records from the WRPS between August 27, 2025, and September 11, 2025:

• Notes – SO, WO #1, WO #2 and WO #3
• Training records – the SO
• Crown Brief Synopsis
• WRPS procedures – Arrest and Release; Use of Force
• Photos
• BWC
• ICC footage
• Custody footage
• Communications recordings
• Statement of CW #2

Records Obtained from Other Sources

The SIU obtained the following records from the following other sources between August 27, 2025, and August 29, 2025:

• Photos of living room.
• The Complainant’s medical records from the hospital.

The evidence collected by the SIU, including an interview with the Complainant, and police and non-police witnesses, 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. He did authorize the release of his notes.

WRPS officers were dispatched to a residence in Kitchener in the early evening of August 25, 2025. CW #1 had called police to report that CW #2 had been severely beaten by the Complainant. The Complainant was said to be in possession of multiple knives.

The SO and WO #1 were the first officers to arrive on scene. They spoke to CW #1 and made their way upstairs where the Complainant was asleep in a bed with CW #2. The officers woke the Complainant, pulled him from the bed onto the floor and handcuffed his hands behind the back. CW #2 had a number of visible injuries to her face.

The SO escorted the Complainant downstairs and had him sit on a sofa in the living room. The Complainant refused to remain seated and was grounded by the SO. Other officers - WO #2 and WO #3 - arrived on scene and joined the SO in controlling the Complainant on the living room floor. The Complainant complained of pain in the left hand. At the SO’s direction, WO #2 loosened the left handcuff.

The Complainant was lifted to his feet and lodged in the backseat of WO #2 cruiser for transportation to the police station. He began to kick at the rear passenger door and, having slipped his handcuffs to the front, strike at the partition separating the front and rear compartments of the cruiser with his hands. WO #2 pulled over and requested assistance. The SO, WO #3 and WO #1 attended. Following a struggle inside the rear of the cruiser, leg restraints were applied to the Complainant.

The Complainant was booked at the station and transported from there to hospital. He was diagnosed with a fractured left hand.

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 following his arrest by WRPS officers on August 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 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 their disposal that the Complainant had assaulted CW #2, I am satisfied that the SO and WO #1 were within their rights in moving to arrest him for assault.

I am also satisfied that the force applied by the officers in the course of the Complainant’s arrest and custody was lawful. The initial grounding by the SO at the Complainant’s bedside made sense. The officer had reason to believe that the Complainant was violent and had access to weapons. It was imperative, in the circumstances, that he be placed in a position of disadvantage as soon as possible. The second grounding, in the living room, was also reasonable. Though handcuffed, the Complainant refused to sit as directed and attempted to walk away from the SO when the officer pulled him to the floor. Given the serious assault that the Complainant had apparently recently perpetrated on CW #2, the officers were entitled to enforce strict limits on his movements to ensure the safety of everyone in the vicinity. The takedown would immediately neutralize the Complainant’s free movement and better position the officers to deal with any continuing resistance on his part. With respect to the force used by the officers in the cruiser, this was no more than was necessary to overcome the Complainant’s resistance and secure him in leg restraints. No strikes were delivered.

It remains unclear at the end of the investigation whether the Complainant’s fractured left hand was incurred in the altercation that marked his arrest or self-inflicted, the result of his hand strikes in the backseat of the cruiser. There is also evidence that the injury pre-existed his arrest. Be that as it may, as there are no reasonable grounds to

believe that the officers involved in his arrest committed a criminal offence, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: December 22, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit