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 discharge of a firearm by the police at a 28-year-old man (the “Complainant”).

Notification of the SIU[1]

On September 29, 2025, at 3:01 p.m., the Ontario Provincial Police (OPP) contacted the SIU with the following information.

On September 29, 2025, at 1:47 p.m., Midland OPP officers were dispatched to a disturbance involving a knife at the Guesthouse Shelter, 522 Elizabeth Street, Midland. The Complainant was reportedly in possession of the knife and had fled the scene on foot. The Subject Official (SO) responded, located the Complainant on the street and confronted him. The SO instructed the Complainant to show his hands and deployed an Anti-riot Weapon Enfield (ARWEN) when he refused to do so, striking the Complainant in the upper arm. The Complainant was subsequently arrested. There were no reported injuries as a result of the ARWEN discharge.

The Team

Date and time team dispatched: 2025/09/29 at 3:15 p.m.

Date and time SIU arrived on scene: 2025/09/29 at 4:55 p.m.

Number of SIU Investigators assigned: 2

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on September 29, 2025.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on October 3, 2025.

Subject Official (SO)

SO Interviewed; notes received and reviewed

The subject official was interviewed on December 2, 2025.

Witness Official (WO)

WO Not interviewed; notes and body-worn camera (BWC) footage reviewed and interview deemed unnecessary

The Scene

The events in question transpired on and around King Street, north of the roadway’s intersection with Elizabeth Street, Midland.

Physical Evidence

Because the scene was located on Midland’s main street, the SIU agreed to have OPP forensic services process the scene and photograph evidence in situ. OPP forensic services subsequently advised the SIU that one of the ARWEN baton cases, thought to have been fired by the SO, was not located.

SIU forensic services attended Midland OPP and photographed the ARWEN launcher assigned to the SO, three baton rounds and two cases.

Image 1 - ARWEN cases and projectiles

Image 2 - ARWEN launcher

Forensic Evidence

The ARWEN launcher used by the SO was examined by SIU forensic services. The three rounds and two cases were located at the scene. Two unfired rounds were located with the ARWEN launcher. The ARWEN is known to hold five rounds, leaving no rounds unaccounted for.

Video/Audio/Photographic Evidence[2]

OPP BWC Footage - The SO and the WO

On September 29, 2025, at 1:47 p.m., the SO arrived in the carpark of the Guesthouse Shelter holding an ARWEN in his hands. A man approached him, after which the SO started running towards a path in between a library and church east of the carpark. He shouted commands at someone to stop and show their hands. The SO ran east across King Street. The Complainant walked west out of an alleyway on the east side of King Street. He raised both hands, holding a cell phone in his left hand. He walked away from the SO, put his arms back down and walked across the sidewalk onto King Street. The SO repeatedly ordered the Complainant to stop. The Complainant continued to walk away from the SO.

At 1:49 p.m., the SO deployed three rounds from his ARWEN at the Complainant. The first two shots appeared to have no effect on the Complainant, who continued to walk away from the SO. After the third round, the Complainant dropped to the ground and lay face down with his hands extended out. The SO handcuffed his hands behind the back. He was joined shortly by the WO.

The SO spoke with the CW and confirmed there were no injured stab victims. The SO found a knife sheath, reportedly discarded by the Complainant.

OPP Communications Recordings

On September 29, 2025, at 1:45 p.m., OPP received nine 911 phone calls relating to the Complainant chasing a male and female while armed with a knife. An unidentified person reported three people trying to stab each other. The CW reported that the Complainant had struck a female.

At 1:47 p.m., the dispatcher requested that officers attend outside the Guesthouse Shelter for a disturbance. A female was reportedly being stabbed. The SO and the WO responded.

At 1:50 p.m., the WO reported that the Complainant was under arrest and that he had fired his ARWEN.

OPP Photographs

OPP provided SIU with 47 photographs taken by OPP forensic services. They contained images of the scene, the deployed ARWEN rounds and cases, and two knives.

Image 3 - Knife found at scene

Image 4 - Knife found at scene

Image 5 - ARWEN projectiles at scene

Image 6 - Scene

Video Footage from King Street Businesses, Library and Guesthouse Shelter

The footage captured a disturbance between the Complainant, a woman and a man. The Complainant held a large knife and chased after the man.

On September 29, at 1:48 p.m., the Complainant was captured crossing King Street eastward away from a church. Six seconds later, the SO ran across the road after the Complainant. They briefly went out of view before the Complainant reappeared and started to cross the road, back towards the library. A vehicle blocked the remaining interaction from view.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP between October 2, 2025, and October 15, 2025:

• BWC footage – the SO and the WO
• In-car camera footage – the WO
• General Occurrence Report
• Police communications recordings
• Computer-aided Dispatch Report
• Video footage from Guesthouse Shelter, Midland Library, 516 Elizabeth Street and 297 King Street.
• OPP photographs
• Notes – the SO and the WO
• Use of Force training records [ARWEN] – the SO

Materials Obtained from Other Sources

On October 1, 2025, the SIU obtained the Complainant’s medical records from Georgian Bay General Hospital.

The material events in question, clear on the evidence collected by the SIU, may briefly be summarized.

In the early afternoon of September 29, 2025, the SO made his way to the carpark behind the Guesthouse Shelter, 522 Elizabeth Street, Midland. The officer was dispatched to the area following 911 calls about a male armed with a knife chasing a female in the vicinity. The SO exited his cruiser in the carpark and spoke to a witness, who pointed to the Complainant a distance east of their position.

On seeing the SO in the carpark, the Complainant fled eastward and crossed King Street. He had a knife but threw it away. The Complainant disappeared in an alleyway momentarily before reemerging onto the sidewalk.

The SO had pursued the Complainant across King Street. He was armed with an ARWEN. When the Complainant reappeared from the alleyway and refused to stop for the officer, the SO fired three rounds from his ARWEN. The last round felled the Complainant and the SO moved in to take him into custody.

The Complainant was seen at hospital following his arrest. He had not suffered any serious injuries.

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.

On September 29, 2025, the Complainant was struck by ARWEN rounds fired by an OPP officer in Midland. 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 use of his ARWEN.

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 threatened and possibly stabbed someone with a knife, the SO was within his rights in moving to make an arrest.

The force used in the Complainant’s arrest, namely, the use by the SO of a less-lethal firearm, was legally justified. Some amount of force was going to be necessary to bring the Complainant’s flight from police to an end and effect his arrest. A physical engagement might have worked to take the Complainant into custody. However, that risked serious injury and possible death coming to the officer if the reported knife in the Complainant’s possession was brought into play. Rather, the SO was better advised to attempt to neutralize the Complainant from a distance with his less-lethal weaponry. If the ARWEN worked as intended, the Complainant would be sufficiently impaired by the baton strikes (without the infliction of serious injury) to allow for a window in which the officer could safely approach and take control of him – a not unreasonable outcome. That is essentially what happened.

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

Date: January 22, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit