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 September 17, 2025, at 2:40 a.m., Niagara Regional Police Service (NRPS) contacted the SIU with the following information.

On September 16, 2025, at 9:05 p.m., police officers were called to attend the Metro grocery store located at 101 Lakeshore Road, St. Catharines, regarding a large man covered in blood. Police officers located and attempted to engage with the man [now known to be the Complainant]. The Complainant became confrontational and began swinging at the police officers. The officers continued to try to engage with the Complainant, who ran away from the police towards the roadway. To take control of the Complainant, a conducted energy weapon (CEW) was deployed, which caused the Complainant to fall face forward onto the ground. The Complainant was taken into custody and transported to Niagara Health System - St. Catharines Site (NHS-SS) by Niagara Emergency Medical Services (EMS). He was diagnosed with a shoulder injury, which required surgery.

The Team

Date and time team dispatched: 2025/09/17 at 3:10 a.m.

Date and time SIU arrived on scene: 2025/09/17 at 4:45 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on September 17, 2025.

Civilian Witnesses

CW 1 Interviewed

CW 2 Interviewed

CW 3 Interviewed

CW 4 Interviewed

CW 5 Interviewed

The civilian witnesses were interviewed between September 17, 2025, and October 20, 2025.

Subject Official

SO Declined interview and to provide notes, as is the subject official’s legal right

Witness Officials

WO 1 Interviewed; notes received and reviewed

WO 2 Interviewed; notes received and reviewed

The witness officials were interviewed on September 22, 2025

The Scene

The events in question transpired in two locations: the interior of the Metro store, 101 Lakeshore Road, St. Catharines; and the parking lot of the same Metro store.

Scene Diagram

Physical Evidence

On September 17, 2025, at 4:40 a.m., SIU forensic services arrived at the incident location at 101 Lakeshore Road, St. Catharines. This was within the parking lot of the North End Plaza, located on the north side of Lakeshore Road. An area of the parking lot had been marked off with barrier tape and a marked NRPS police vehicle. The parking lot was a paved lot on the south side of the plaza, which had a Metro grocery store at the west end, and a series of commercial businesses along an extension to the east side.

The scene in the parking lot contained one damaged CEW probe with coiled wire attached; a large bundle of tangled CEW wires with probes; and two deployed CEW cartridges. One cartridge was black and bore a particular serial number. The second cartridge was grey and had a different serial number. There were some small areas of staining on the pavement, which appeared to be blood.

Overall digital images were taken of the location and items. The above property was collected and secured as evidence.

During the scene processing, several exterior cameras were observed on the Plaza building. The Metro store had cameras along the south side, and above the main entry/exit doors. Additional cameras were attached at the corner of the plaza near the Shoppers Drug Mart. Metro also had interior cameras.

Forensic Evidence

CEW Deployment Data – WO #1’s CEW

On September 16, 2025, at 9:48:06.525 p.m.,[2] the trigger was pulled. At 9:48:06.624 p.m., the Bay 1 cartridge was deployed, with electricity discharged at 9:48:06.793 p.m., for 4.951 seconds. At 9:48:16.573 p.m., the right arc button was deployed, and electricity was discharged for 5.853 seconds.

CEW Deployment Data – SO’s CEW

On September 16, 2025, at 9:48:13.750 p.m., the trigger was pulled. At 9:48:13.790 p.m., the Bay 1 cartridge was deployed, with electricity discharged at 9:48:14.024 p.m., for 4.955 seconds.

Video/Audio/Photographic Evidence[3]

Video Footage from Metro

On September 16, 2025, at 8:56 p.m., a large man wearing jean shorts and a red shirt – the Complainant - entered Metro. He appeared to have a scab over his left eye and a partially blackened left eye.

Starting at about 9:02 p.m., the Complainant browsed the back aisle near the meat section in the northwestern corner of the store. A distant camera view revealed the Complainant fell to the ground behind a display of items, but no details could be discerned. No other persons were nearby or observed the fall.

Starting at about 9:03 p.m., a man wearing a dark hoodie and black ball cap – CW #2 - approached the area. The Complainant advanced slowly towards CW #2, who backed away. Both sides of the Complainant’s face, his left eye, both hands, and his right calf were covered in blood, and he had no footwear. The Complainant appeared disoriented and followed CW #2 as he moved between bunkers in the back aisle.

Starting at about 9:19 p.m., a uniformed female police officer – the SO - and a uniformed male police officer – WO #2 - entered the Metro.

Starting at about 9:20 p.m., EMS arrived.

Starting at about 9:20 p.m., the police approached the Complainant. The interaction appeared calm and controlled.

Starting at about 9:23 p.m., EMS approached with a stretcher along with a uniformed male police officer – WO #1 - and a paramedic - CW #3. The Complainant was secured on the stretcher and escorted from the Metro.

Starting at about 9:31 p.m., the Complainant was loaded partially into the ambulance and then removed. The Complainant remained in the stretcher and appeared to be in conversation with WO #1, the SO and the paramedics.

Starting at about 9:36 p.m., the Complainant was reloaded into the ambulance.

Starting at about 9:47 p.m., all personnel exited the ambulance and backed away. The Complainant walked out of the ambulance under his own power. He pointed his arm towards CW #3 and walked across the Metro parking lot in an easterly direction. WO #1 and the SO followed the Complainant as he accelerated his pace. The Complainant walked approximately 40 metres from the ambulance, at which point he began to run. He was pursued by WO #1 and the SO on foot. One of the police officers closed the distance to the Complainant, who stopped and appeared to lunge with an outstretched arm towards the police officer before he fled again. The Complainant ran approximately another six metres before he collapsed.

Starting at about 9:49 p.m., the ambulance was repositioned near the area where the Complainant had collapsed.

Starting at about 9:53 p.m., the Complainant was loaded into the ambulance.

ICC Footage – WO #1’s Police Vehicle

On September 16, 2025, at 9:22 p.m., NRPS police vehicle 114 [now known to be operated by WO #1] stopped facing westbound, parallel to the front main entrance doors of the Metro grocery store in St. Catharines. It was dark; however, the area was illuminated by artificial parking lot lights, and the lights from the plaza stores. A fully marked NRPS SUV was parked at the side of the building, and an ambulance was parked facing westbound, just west of the front doors.

Starting at about 9:31 p.m., a stretcher was wheeled out the front door of the store towards the rear door of the ambulance with a patient – the Complainant. Two uniformed police officers – the SO and WO #1 - stood outside the back of the ambulance with the paramedics. They all appeared to be in conversation with the Complainant, who remained seated on the stretcher outside the ambulance.

Starting at about 9:36 p.m., the Complainant was loaded into the back of the ambulance.

Starting at about 9:41 p.m., a uniform supervisor – WO #2 - approached the back door of the ambulance.

Starting at about 9:47 p.m., the SO entered the rear of the ambulance.

Starting at about 9:48 p.m., the police officers and paramedics exited the ambulance and stood back, as the Complainant exited the rear of the ambulance and swung his arms at the police officers. The Complainant walked hurriedly in the direction of Lakeshore Road, and off camera.

Starting at about 9:48:23 p.m., WO #1 broadcast that a CEW had been deployed.

Starting at about 9:48:50 p.m., the ambulance drove off camera and in the same direction as the police officers had walked.

Communications Recordings & CAD Report

On September 16, 2025, starting at about 9:09 p.m., the SO was dispatched to the Metro, situated at 101 Lakeshore Road, for an unknown problem. A man [now known to be the Complainant] was covered in blood, disoriented, walking around and unresponsive. The Complainant chased after another customer, and staff were concerned he would get violent. WO #2 said he would assist the SO.

At 9:11 p.m., CW #2 called 911 and advised he was being chased by a disoriented Complainant, but he had calmed down a little. CW #2 advised that the Complainant was 6’ 2” tall and weighed 300 pounds. He wore a red shirt, blue jean shorts, and no shoes.

At 9:15 p.m., a further update indicated that the Complainant was now wearing his sandals. A minute later, he was at the self-checkout. An employee [now known to be CW #1] followed and kept customers away from the Complainant. WO #2 requested another police officer to assist, and WO #1 advised he would assist.

At 9:20 p.m., the SO arrived, followed by WO #2, who advised the Complainant was apparently in the produce section.

At 9:22 p.m., the Complainant was located, and a records check indicated he suffered from a medical condition, and could be anxious and confrontational.

At 9:31 p.m., WO #2 advised that WO #1 and the SO would follow the ambulance to NHS-SS. WO #2 indicated he would view the video to see if the Complainant had suffered a seizure. After WO #2 watched the video, he advised that the Complainant appeared to have suffered a seizure or passed out, and had hit the ground.

At 9:48 p.m., WO #2 advised that the Complainant had tried to run. Five seconds later, WO #2 broadcast that a CEW was deployed.

At 9:49 p.m., WO #2 reported that the Complainant was apprehended.

Materials Obtained from Police Service

The SIU obtained the following records from the NRPS between September 18, 2025, and September 22, 2025:

• Police communications recordings
• In-car camera (ICC) footage
• CEW deployment data – the SO and WO #1
• Computer-assisted Dispatch (CAD) Report
• Civilian Witness List
• Involved Officer List
• General Occurrence Report
• Notes – WO #1 and WO #2
• NRPS General Orders – Persons in Custody; Use of Force; Mentally Ill Persons
• Police Contacts – the Complainant

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between September 18, 2025, and October 16, 2025:

• Ambulance Call Report from Niagara EMS
• Incident Details from Niagara EMS
• The Complainant’s medical records from NHC-SS

• Video footage from Metro store – 101 Lakeshore Road, St. Catharines

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 her legal right, the SO did not agree an interview with the SIU or the release of her notes.

Together with WO #2 and WO #1, the SO was dispatched to the Metro grocery store, 101 Lakeshore Road, St. Catharines, in the evening of September 16, 2025. Calls had been received by the police of a male in the store who had fallen and was bleeding. The male was conscious but unresponsive and disoriented.

The male was the Complainant. He had suffered a seizure in the store and fallen, re-opening a cut above his left eye.

Paramedics arrived on scene and were able to get the Complainant onto a stretcher. The intention was to transport the Complainant to hospital for examination of a possible brain injury. The Complainant had been loaded into the ambulance and the paramedics had begun their assessment when he indicated he wanted to simply go home. Told he could not go home by WO #1, the Complainant became belligerent. He ripped medical equipment off his body and swung in the direction of WO #1. The paramedics, the SO and WO #2 exited the ambulance and backed away as the Complainant exited the vehicle through the back doors. When WO #1 attempted to take hold of him again, the Complainant took another swing at the officer and walked across the parking lot towards Lakeshore Road.

WO #1 and the SO followed behind the Complainant. Concerned that he would put himself in danger by entering traffic on Lakeshore Road, WO #1 decided to discharge his CEW. The Complainant was momentarily fazed, but quickly recovered and continued to walk. Shortly after, he was struck by another CEW deployment, this time from the SO’s weapon. The Complainant locked-up and fell forward to the ground. The officers approached the Complainant and handcuffed him behind the back.

The Complainant was transported to hospital following his apprehension and diagnosed with a broken right shoulder.

Section 25, Criminal Code of Canada - 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 seriously injured in the course of his apprehension on September 16, 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 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.

The evidence establishes that the Complainant was of unsound mind following his seizure and unable to care for himself. The officers were right to be concerned that the Complainant might enter traffic in his condition and hurt himself. On this record, I am satisfied that the Complainant was subject to apprehension under section 17 of the Mental Health Act.

I am also satisfied that the SO and WO #1 used no more force than was reasonably necessary to take the Complainant into custody. The Complainant was a large and powerful man. He had already taken two swings at WO #1 and made it clear that he would not go willingly to hospital. The officers might have decided to intervene manually to stop the Complainant’s forward progress and effect his arrest, but that would have risked significant physical force being brought to bear and the potential for further injury. It was also imperative that the Complainant be subdued as quickly as possible given his movement towards the roadway. The resort by the officers to less-lethal weaponry, in this case, their CEWs, made sense in these circumstances.

In the result, while I accept that the Complainant’s injury was the result of his fall after the CEW discharge, there are no reasonable grounds to attribute the injury to unlawful conduct on the part of the SO. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: January 12, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit