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 36-year-old man (the “Complainant”).

Notification of the SIU[1]

On August 30, 2025, at 10:23 p.m., the York Regional Police (YRP) contacted the SIU with the following information.

On August 30, 2025, a woman called YRP to report that her ex-boyfriend, the Complainant, was harassing her. The woman and the Complainant had been together for ten years but broke up two weeks ago. The Complainant had been calling, texting (over 20 times per day) and was now showing up at her apartment. At 3:45 p.m., police officers arrived at the woman’s apartment, but the Complainant was gone. They took a report and left. At 5:30 p.m., the woman called YRP again to report that the Complainant was outside her apartment. Officers arrived at the apartment and were speaking to the Complainant when he fled on his electric scooter (e-scooter). They followed the Complainant at a distance, north on Weston Road. The Complainant fell off his e-scooter at Pottery Place and Foxchase Avenue in Vaughan. There was no contact between the police vehicle and the Complainant’s e-scooter. The Complainant got up and ran away. The officers pursued and tackled him, arresting him at 6:00 p.m. The Complainant complained that his knee was sore. He was transported to Cortellucci Vaughan Hospital (CVH) and diagnosed with a fractured right elbow.

The Team

Date and time team dispatched: 2025/09/01 at 4:42 p.m.

Date and time SIU arrived on scene: 2025/09/02 at 8:47 a.m.

Number of SIU Investigators assigned: 6

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on September 2, 2025.

Subject Official (SO)

SO Interviewed, but declined to submit notes, as is the subject official’s legal right

The subject official was interviewed on September 23, 2025.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

The witness officials were interviewed on September 8, 2025.

The Scene

The events in question transpired on and around the driveway of a townhouse complex in the area of Highway 7 and Weston Road, Vaughan.

Video/Audio/Photographic Evidence[2]

In-car Camera (ICC) Footage

On August 30, 2025, starting at about 5:55 p.m., the SO was captured driving on Northview Boulevard and then onto a private roadway. The Complainant was riding an e-scooter away from a building in the area of Highway 7 and Weston Road. A radio broadcast was heard, in which a description of a suspect matching the Complainant was provided. The SO turned around and located the Complainant who was travelling northbound on Weston Road, riding his e-scooter on the east sidewalk.

Starting at about 5:56 p.m., the SO pulled up alongside the Complainant. The Complainant looked directly at the SO and his police vehicle. He wore a bag slung over his right shoulder. The SO yelled to the Complainant, “Hey [the Complainant’s first name] stop, I have to talk to you for a second.” The Complainant continued to ride northbound while looking back at the SO, saying, “I did not do anything wrong, I just stopped to get my shit….listen I am not doing anything, why are you stopping me for, I’m going home, I didn’t do anything, listen brother I’m going home, you want to come to my house. Listen I am as scared as fuck, I know you guys, you’re a good cop, I’m scared.” The SO stopped his police vehicle, unbuckled his seatbelt and was about to exit his vehicle when the Complainant fled on his e-scooter, this time crossing all four lanes of traffic to continue northbound on Weston Road, but now on the west sidewalk. The SO updated dispatch accordingly.

Starting about 5:58 p.m., the SO turned westbound at Blue Willow Drive where a second marked police vehicle [known to have been operated by a YRP sergeant[3]], eastbound on Blue Willow Drive, made a U-turn in front of the SO to follow the Complainant. The SO utilized his siren to negotiate the intersection. At Foxchase Avenue, the Complainant turned (left) south and the YRP sergeant attempted unsuccessfully to block his path.

Starting at about 5:59 p.m., the Complainant drove his e-scooter down the driveway of an address on Foxchase Avenue, followed by the SO. A few seconds later, the Complainant jumped off the e-scooter, ran on the left side of the e-scooter and attempted to jump back onto the e-scooter. He misjudged the maneuver and his right foot only partially landed on the scooter, causing him to trip over the e-scooter and land on the ground. His right hip and outstretched right arm impacted the paved driveway, as did his face and chest.

The Complainant got back to his feet and ran way from the SO. The bag was still slung around his shoulder. The SO exited the driver’s side of his vehicle and chased after the Complainant. He could be heard yelling, “Stop you’re under arrest,” after which he attempted to tackle the Complainant with outstretched arms. The two men came into contact with a signpost and the Complainant fell to the ground on his back. The SO told the Complainant to stay on the ground. He placed his knees across the Complainant’s left side and tried to roll the Complainant onto his front. The black bag was not visible to the camera. The SO delivered a closed hand strike to the Complainant’s head with his right hand. WO #1 arrived to assist the SO, taking a position on the Complainant’s right shoulder area. The Complainant was not releasing his hands and was struggling with the police officers. The SO delivered another strike with his right hand and commanded the Complainant to show his hands. The second strike appeared effective. WO #1 stood up while the SO attempted to take control of the Complainant’s right arm, which was under his body. WO #1 removed his handcuffs from his duty belt and then moved to the Complainant’s left side. WO #1 attempted to place handcuffs on the Complainant’s left wrist, but the Complainant pulled his left arm under himself. The SO delivered a knee strike with his left leg into the left thigh of the Complainant.

Starting at about 5:59 p.m., WO #2 arrived and went to the Complainant’s right side as he continued to struggle. The Complainant was struggling with all three police officers at this point. The SO delivered four knee strikes to the Complainant’s left side as he told him to stop resisting and give up his hands and arms. WO #1 was subsequently able to place the Complainant in handcuffs behind the back.

Starting at about 6:00 p.m., the YRP sergeant arrived on scene. The Complainant was brought to his feet and walked to the front of the SO’s vehicle by the YRP sergeant and WO #2.

Starting at about 6:02 p.m., the Complainant apologized to the SO and said that he was just scared.

Communications Recordings

On August 30, 2025, at about 5:51 p.m.,[4] the dispatcher advised WO #1 and WO #2 that the Complainant was reported to have returned to his ex-girlfriend’s address and was knocking on her door.

At about 5:54 p.m., the SO advised the dispatcher that the Complainant was wanted on the strength of a warrant and for criminal harassment.

Dispatch advised officers that the Complainant had stopped knocking on the complainant’s door but was still in the hallway.

At about 5:54 p.m., officers were provided a physical description of the Complainant. The SO broadcast that he observed a man matching the description on an e-scooter outside a building in the area of Highway 7 and Weston Road.

At about 5:56 p.m., the SO confirmed it was the Complainant riding an e-scooter northbound on Weston Road. The SO broadcast that he had stopped for the Complainant but, once stopped, the Complainant fled northbound on Weston Road.

At about 5:58 p.m., the SO advised the dispatcher that the Complainant was on a path, westbound, in the area of Blue Willow Drive from Weston Road.

At abut 6:00 p.m., there was a broadcast that the Complainant was in custody.

At about 6:17 p.m., there was a broadcast that no police officers were injured, but the Complainant, who injured his knee, would be taken to the CVH by WO #2 and WO #1.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the YRP between September 3, 2025, and October 15, 2025:

• YRP policies on criminal harassment and processing offenders
• Notes - WO #1 and WO #2
• CAD Report
• Communications recordings
• ICC footage

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from CVH on November 4, 2025.

The evidence collected by the SIU, including interviews with the Complainant and the SO, and video footage that largely captured the incident, gives rise to the following scenario.

In the afternoon of August 30, 2025, YRP officers were dispatched to a unit of a condo in the area of Highway 7 and Weston Road, Vaughan. A woman had called police to report that her ex-boyfriend – the Complainant – was harassing her. He persisted in texting, calling and following her, and had just attended at her residence.

The SO was en route to the address when he identified a male matching the description provided by the woman caller. The officer followed the male north on Weston Road and called out to him through his open passenger door window, asking him to stop so they could talk. He was riding an e-scooter. The male stopped momentarily and then fled the area on the scooter, crossing the roadway to the west sidewalk and turning left onto Blue Willow Drive. The SO followed in his cruiser.

The male was the Complainant. He turned left from Blue Willow Drive onto Foxchase Avenue, and then left again as the road branched to the east. As the SO’s cruiser pulled up alongside his left side at the far east end of the road, the Complainant lost his footing and fell from the e-scooter, landing on his right side. He picked himself up and continued to flee on foot, but had not travelled very far when he was tackled from behind by the SO.

There followed a struggle on the ground in which the SO delivered two right-handed forearms to the Complainant’s upper torso/head area, followed by a series of left knee strikes to the Complainant’s left side. Additional officers arrived on scene, joined the SO, and assisted in handcuffing the Complainant behind the back.

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

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.

Section 264 (1), Criminal Code – Criminal Harassment

264 (1) No person shall, without lawful authority and knowing that another person is harassed or recklessly as to whether the other person is harassed, engage in conduct referred to in subsection (2) that causes that other person reasonably, in all the circumstances, to fear for their safety or the safety of anyone known to them.

(2) The conduct mentioned in subsection (1) consists of

(a) repeatedly following from place to place the other person or anyone known to them;

(b) repeatedly communicating with, either directly or indirectly, the other person or anyone known to them;

(c) besetting or watching the dwelling-house, or place where the other person, or anyone known to them, resides, works, carries on business or happens to be; or

(d) engaging in threatening conduct directed at the other person or any member of their family.

The Complainant was seriously injured in the course of his arrest by YRP officers on August 30, 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 his disposal that the Complainant had over a period of time continued to text, call and follow his ex-girlfriend notwithstanding her protestations, the SO was within his rights in seeking to arrest him for criminal harassment contrary to section 264 of the Criminal Code.

I am also satisfied that the force used by the SO did not exceed the remit of authorized force in the circumstances. Despite being told that he was under arrest, the Complainant fled from the officer and then struggled against his efforts to secure him in handcuffs. The tackle made sense as it would bring the Complainant’s flight to an end while positioning the SO to better deal with any further resistance. In fact, the Complainant continued to resist by refusing to surrender his arms and attempting to free himself from the SO. The officer responded with two arm and about four knee strikes. This constituted sharp force but not excessive force, particularly as the evidence indicates the Complainant resisted until the final blow. No strikes were delivered after the Complainant was handcuffed.

In the result, while I accept that the Complainant’s right arm was fractured during his engagement with the SO, whether from his fall off the e-scooter or the altercation that marked his arrest, there is no reason to believe that the injury was the result of any unlawful

conduct on the part of the officer. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: December 24, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit