SIU Director’s Report - Case # 25-OCD-339

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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 death of a 41-year-old man (the “Complainant”).

The Investigation

Notification of the SIU[1]

On September 1, 2025, at 10:22 p.m., the Peel Regional Police (PRP) contacted the SIU with the following information.

On September 1, 2025, at 8:17 p.m., the PRP received a call from a person reporting a fight on an upper-floor of an apartment building in the area of Lakeshore Road West and Maple Avenue South, Mississauga. At 8:23 p.m., Witness Official (WO) #1 and WO #2 arrived at the address and saw a man [now known to be the Complainant] on the balcony. WO #1 spoke to the Complainant from the ground. The Complainant repeatedly said he wanted to jump. Another police officer, the Subject Official (SO), arrived and spoke to the building manager to try to gain entry to the Complainant’s apartment. The Complainant’s door was barricaded. The SO went to the balcony of the apartment directly west of the Complainant’s apartment, and attempted to speak to the Complainant. The Complainant was unresponsive. At 8:29 p.m., the Complainant jumped from the balcony. His descent was caught on WO #2’s and the SO’s body-worn cameras (BWCs). At 8:58 p.m., the Complainant was transported by ambulance to Trillium Health Partners - Mississauga General Hospital (THP-MGH). He was pronounced deceased at 9:12 p.m.

The Team

Date and time team dispatched: 2025/09/01 at 10:49 p.m.

Date and time SIU arrived on scene: 2025/09/02 at 12:49 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

41-year-old male; deceased

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

CW #4 Interviewed

The civilian witnesses were interviewed between September 2 and 4, 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

The witness officials were interviewed on September 4, 2025.

Evidence

The Scene

The events in question transpired on and around the balcony of an upper-floor apartment in the area of Lakeshore Road West and Maple Avenue South, Mississauga.

Physical Evidence

On September 2, 2025, at 12:52 a.m., SIU forensic services arrived at the location of the incident - an apartment building in the area of Lakeshore Road West and Maple Avenue South, Mississauga. The scene was well protected by PRP police officers and police banner tape. There was a driveway at the front of the building. There were balconies facing the roadway. Well-maintained gardens were between the building and the driveway. North of the entranceway, some plants had been trampled and there was a depression in the soil. A few pieces of medical debris were on the ground. There was a metal grate from a barbeque on top of the soil.

SIU forensic services subsequently attended the Complainant’s upper-floor apartment, which was under police guard. The entrance door had been destroyed. The door had been barricaded from the interior, securing the bottom portion against the frame. There were a few cans of ready to drink alcohol beverages, and one bottle of vodka. There were medication bottles present, prescribed to the Complainant. A birth certificate in the Complainant’s name was on the TV table. The door to the balcony was open. A barbeque was knocked over and a grate similar to the one in the garden bed was visible. The balcony railing was 1.095 metres high and the top of railing to the garden bed was 18.039 metres. The apartment was photographed showing the damage to the door, the overall condition, and the prescription bottles.

At 1:37 a.m., SIU forensic services released the scene and attended the THP-MGH, where the body of the Complainant had been taken. His body was sealed in a body bag and transported to the Ontario Forensic Pathology Unit for a post-mortem examination.

Video/Audio/Photographic Evidence[2]

BWC Footage

On September 1, 2025, starting at about 8:24 p.m., WO #1 and WO #2 were at an apartment building in the area of Lakeshore Road West and Maple Avenue South, Mississauga. WO #2 approached the back of a police vehicle where a uniformed, male police officer - the SO - stood. WO #1 exited the passenger side of the police vehicle and broadcast that a man was on the balcony, and he appeared to be suffering from some form of mental health crisis. WO #1 indicated that he and WO #2 would stay at ground-level, and the SO would go up to the Complainant’s apartment and knock on the door. WO #1 said, “[Complainant’s first name], are you okay, help is on the way. They are coming up.” WO #2 said, “We are going to stay right here with you [Complainant’s first name], my name is [WO #2’s first name].” WO #2 continued, “What’s going on [Complainant’s first name]? Can you hear me? Are you going to talk to me?” WO #1 shone his flashlight in the direction of the balconies; no one could be seen at first. WO #1 said, “Stay away from the edge, [Complainant’s first name].” Both WO #1 and WO #2 asked the Complainant if anyone was with him.

Starting at about 8:27 p.m., a woman and man [now known to be the building managers] approached the police officers. CW #2 stated she had a key for the Complainant’s apartment. She explained that the Complainant had recently consumed a whole bottle of Pine Sol. She indicated he would jump if the door was opened.

The SO was captured knocking on the door to the Complainant’s apartment. There was no answer. A man - CW #3 - stood in the hallway in front of the door to a neighbouring apartment. The SO asked CW #3 if the Complainant was still on the balcony, and CW #3 stated he would check, after which he entered his apartment.

Starting at about 8:28 p.m., CW #3 stood at his open doorway and told the SO that the Complainant was still on the balcony.

A flashlight was shone on a balcony, and it appeared that someone stood with their arms stretched upwards. A cloth material fell from the balcony. A flashlight could be seen on a balcony to the west [now known to be the SO]. The officer was on the balcony of the neighbouring apartment, facing east towards the balcony of the Complainant’s apartment. The Complainant could be seen on the balcony. The SO said, “Hey buddy, hey buddy.”

The Complainant did not answer the SO.

At ground-level, CW #2 started to walk towards the front door of the building and WO #1 shouted, “No [Complainant’s first name], [Complainant’s first name], [Complainant’s first name], no. Do not jump [Complainant’s first name], you’re good.” WO #1 then said, “No, no, no.”

At 8:28.39 p.m., the Complainant was captured putting his leg up on the railing, and then stepping back from the railing. The SO shouted, “Do not do that.”

At 8:28:53 p.m., the Complainant held onto the railing with both hands, before he vaulted up and over the railing, falling to the ground. WO #1 broadcast that the Complainant had jumped. The police officers approached and, at 8:29 p.m., WO #1 started chest compressions. A request was made for ambulance.

Communications Recordings

On September 1, 2025, at 8:17 p.m., CW #1 called 911 and requested that police officers attend an apartment building in the area of Lakeshore Road West and Maple Avenue South, Mississauga. The Complainant was on an upper-floor balcony. He had been fighting with someone, and screamed for help. Glass was heard to break, and soil fell from the balcony. The Complainant screamed, “He’s here, he’s here!”

At 8:19 p.m., the manager of the building, CW #2, called 911 and reported that the Complainant was “freaking out”. The Complainant was on his balcony, screaming and throwing items over the balcony, and hanging over the balcony railing. She also reported that the Complainant had attempted suicide the week prior.

At 8:23 p.m., WO #1 and WO #2 arrived on scene.

At 8:25 p.m., WO #1 reported the Complainant was having a mental health crisis. WO #1 and WO #2 remained outside the building to observe the Complainant and ensure he did not jump. The SO attempted to contact the Complainant through the entrance door to the Complainant’s apartment.

At 8:29 p.m., the Complainant jumped from his balcony.

At 8:30 p.m., the Complainant was reportedly vital signs absent (VSA) and WO #1 was performing chest compressions. The police officers had not made entry into the Complainant’s apartment, as it was barricaded from the inside prior to the Complainant’s jump from the balcony.

Paramedics arrived and took over chest compressions.

At 8:55 p.m., the Complainant, still VSA, was being transported to THP-MGH.

At 9:19 p.m., the Complainant was pronounced dead.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the PRP between September 2, 2025, and September 9, 2025.

  • BWC footage
  • Communications recordings
  • Incident Details Report
  • Notes – WO #2 and WO #1
  • Occurrence Report
  • Person Details Report – the Complainant
  • PRP Mental Health and Addiction Policy
  • Training records – the SO

Materials Obtained from Other Sources

The SIU obtained the following other records from the following other sources between September 3, 2025, and September 4, 2025:

  • Video from apartment building resident
  • Ambulance Call Reports from Peel Regional Paramedic Service
  • Preliminary Autopsy Findings Report from Ontario Forensic Pathology Service

Incident Narrative

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

In the evening of September 1, 2025, PRPS were dispatched to an apartment building in the area of Lakeshore Road West and Maple Avenue South, Mississauga. A passerby and the building’s superintendent had called police to report a male acting erratically on an upper-floor balcony of the apartment. The male had been screaming incoherently and throwing items over the balcony. The SO, joined by WO #1 and WO #2, arrived outside the building at about 8:24 p.m.

The male was the Complainant. He was of unsound mind with thoughts of self-harm. He had barricaded the front door of his apartment.

From ground-level outside the building, WO #1 and WO #2 called up to the Complainant, attempting to calm him. The SO entered the building with the intention of speaking to the Complainant in his apartment. When the officer did not receive an answer to his knocks on the Complainant’s apartment door, the resident of the adjacent apartment allowed him inside and onto his balcony. From that location, the SO attempted to communicate with the Complainant, who remained incoherent.

At about 8:29 p.m., the Complainant jumped over the balcony railing and fell to the ground, a distance of about 18 metres. WO #1 and WO #2 attended at his location and provided cardiopulmonary resuscitation.

Paramedics arrived on scene and transported the Complainant to hospital, where he was pronounced deceased at about 9:12 p.m.

Cause of Death

The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to multiple blunt impact trauma.

Relevant Legislation

Sections 219 and 220, Criminal Code - Criminal Negligence Causing Death

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.

220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.

Analysis and Director’s Decision

The Complainant jumped to his death from his apartment balcony in Mississauga on September 1, 2025. As police were present in the vicinity attempting to deter him harming himself, the SIU was notified of the incident and initiated an investigation. The SO was identified as 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 death.

The offence that arises for consideration is criminal negligence causing death contrary to section 220 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 fall. In my view, there was not.

The SO and his colleagues were lawfully placed through the events culminating in the Complainant’s jump. An officer’s foremost obligation is the protection and preservation of life. With information at their disposal that the Complainant was behaving erratically on an upper-floor balcony, the officers were duty bound to attend at the scene to do what they reasonably could to prevent harm coming to him.

During the few minutes the officers engaged with the Complainant, I am satisfied that they comported themselves with due care and regard for his health and well-being. From ground-level and an adjacent apartment, they attempted to reassure him and talk him away from the balcony to safety. Given the speed with which events unfolded, it does not appear there is much more the officers could have done in the circumstances. Following the Complainant’s fall, the officers on the ground acted quickly to render emergency first-aid.

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

Date: December 30, 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.