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 30-year-old man (the “Complainant”).

Notification of the SIU[1]

On October 31, 2025, at 10:07 a.m., the Toronto Police Service (TPS) contacted the SIU with the following information.

On October 31, 2025, at 2:12 a.m., officers were requested to attend a break and enter in progress at a business located in the area of Avenue Road and Lawrence Avenue West, Toronto. Upon the arrival of officers, three males were observed fleeing the area in a vehicle while one male - the Complainant - remained within the premise. The Complainant was directed out of the building at gunpoint. He was eventually grounded and arrested at 2:19 a.m. Upon handcuffing and bringing the Complainant to his feet, he expressed difficulty breathing. The Complainant was transported by Emergency Medical Services (EMS) to the North York General Hospital (NYGH) at 3:12 a.m. At 8:27 a.m., he was diagnosed with a fractured rib.

The Team

Date and time team dispatched: 2025/10/31 at 10:26 a.m.

Date and time SIU arrived on scene: 2025/10/31 at 11:33 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”)

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

The Complainant was interviewed on October 31, 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 December 11, 2025.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Not interviewed; notes reviewed, and interview deemed unnecessary

The witness official was interviewed on November 5, 2025.

The Scene

The events in question took place on the sidewalk outside the front entrance of a retail business located in the area of Avenue Road and Lawrence Avenue West, Toronto.

Video/Audio/Photographic Evidence[2]

TPS Communications Recordings

On October 31, 2025, at 2:06:04 a.m., AP Alarms called 911 to request police attendance at a retail store in the area of Avenue Road and Lawrence Avenue West in Toronto in relation to a burglary alarm at the front door. The alarm company had contacted the store owner. She could not see anything on her camera system and requested the police dispatch. The dispatcher informed the alarm company that the information provided was not sufficient to trigger a police response. The call ended.

At 2:12:21 a.m., the store owner called 911 to report there were three masked men who had broken into her store through the front door and were in the process of stealing items as she watched in real time on her security system.

At 2:13:18 a.m., WO #2 confirmed she was en route to the scene.

At 2:14:02 a.m., the dispatcher reported three suspects in ski masks. WO #1 and the SO confirmed they were en route.

At 2:19:00 a.m., the SO reported that one person [now know to be the Complainant] was in custody.

At 2:19:29 a.m., WO #1 reported a vehicle had fled westbound on Lawrence Avenue West.

At 2:23:07 a.m., WO #2 requested an ambulance because the Complainant was reporting difficulty breathing.

At 3:11:20 a.m., the Complainant was transported to NYGH by ambulance.

Video Footage – The Business

On October 31, 2025, at 1:56:31 a.m., the footage opened with a downward view of a set of stairs. At the bottom of the stairs was a glass door (the entrance).

Starting at about 1:56:40 a.m., the glass door shattered and four persons in masks [now known to be the Complainant and his associates] ran up the stairs to the third level. One man stood in the threshold and looked out onto the street.

Starting at about 1:59:13 a.m., the individuals descended from the third floor and made their way from the building. The Complainant entered the shattered door and climbed to the second-floor door where he used a tool to hammer at the door until he made his entry. A man exited the business with items in hand and made his way down the stairs.

Starting at about 2:09:25 a.m., the Complainant and another person entered the door and went into the business. They made a couple of rounds of the business premises before the Complainant made his way down the staircase.

Starting at about 2:15:55 a.m., the Complainant stopped suddenly on the lower staircase facing the exit door and dropped everything he carried. The Complainant raised both hands beside his head as a police officer [now known to be the SO] appeared in the doorway with a raised rifle. As the Complainant approached the door, the SO stood to the right and WO #1 stood to the left.

Starting at about 2:16:06 a.m., the Complainant exited the door to the street. WO #1 used one hand to grab the Complainant by the upper body and push him to the left out of the camera frame.

Body-worn Camera (BWC) Footage – WO #1

On October 31, 2025, starting at about 2:18:35 a.m., WO #1 exited the driver’s seat of a police vehicle parked northbound in the southbound lanes of Avenue Road, to the south of a business. WO #1 drew his firearm and pointed it at a black SUV parked facing south in front of the store. He shouted, “Do not fucking move!” as his escort, the SO, shouted to his right. WO #1 walked northbound on the sidewalk with his firearm pointed at the SUV and said, “Put your fucking hands up, do not fucking move!” The SUV pulled away and drove southbound on Avenue Road. Random items fell from the vehicle as it accelerated away. WO #1 turned northbound. The SO stood in the southbound lanes of Avenue Road with his C8 rifle pointed at the door to the store.

Starting at about 2:18:54 a.m., the SO walked westbound towards the doorway with his rifle pointed at the door and said, “Hands up!” WO #1 shouted, “Put your hands up!” and walked to the doorway. WO #1 moved to the centre of the doorway where the Complainant stood in the middle of the stairs with his hands up. The SO shouted, “Get on the ground,” as the Complainant descended the stairs.

Starting at about 2:19:04 a.m., the Complainant stepped through the doorway. The SO lowered his rifle and used his left hand to grab the Complainant’s right shoulder and lead him out to the sidewalk. As the Complainant moved forward, WO #1 used his right hand to grab the top of the Complainant’s hoodie and told him to, “Get on the fucking ground.” The Complainant went to the ground onto his chest. The SO’s right shin came down on the Complainant’s lower back as he stepped over him. The Complainant moaned. The SO raised his left leg, bent at the knee, and stepped on the Complainant’s upper right thigh, and then stepped over him. WO #1 used both hands to pull the Complainant’s right arm from under his body and move it to his back. WO #1 said, “Put your fucking hands up.” The Complainant moved his left hand behind his back and WO #1 took hold of it.

Starting at about 2:19:39 a.m., WO #1 used both hands to grab the back of the Complainant’s sweater and turn him onto his right side. The Complainant’s hands were handcuffed behind the back. The Complainant said, “I came out compliant, relax, I came out compliant, relax.” WO #1 performed a pat-down search on the Complainant. He said, “Sir, I’m sorry, I’m compliant,” as WO #1 turned him to his left side to search him.

Starting at about 2:20:47 a.m., WO #2 entered the right camera frame, pulled the Complainant’s face mask down, and untied his hoodie and pushed it back. The Complainant said, “Relax, I didn’t do anything…you are moving like you’re gonna hurt me, you guys are moving like you’re going to hurt me, relax.” WO #1 used both hands to pull the Complainant up by his right arm as WO #2 assisted on the left side. WO #2 informed the Complainant he was under arrest and provided the police caution. WO #1 and WO #2 held the Complainant at the rear driver side door of a police vehicle. WO #2 asked his name, and he remained silent. The Complainant said, “Can’t breathe.” WO #2 opened the rear driver side door. As the Complainant sat in the back seat, he said, “I can’t breathe.” WO #2 requested that an ambulance attend.

In-car Camera (ICC) Footage

On October 31, 2025, starting at about 2:18:27 a.m., WO #1 was captured driving northbound in the southbound lanes of Avenue Road. He came to a stop in front of a black SUV parked facing southbound in front of a store. A person in dark clothing exited the store with items in hand and entered the passenger side of the SUV. The SO said, “Yeah, they’re here, that’s them, that’s them.” The SO and WO #1 exited their cruiser. A man in dark clothes rounded the back of the SUV and entered the driver’s seat as the SO and WO #1 shouted, “Do not move, do not fucking move, put your hands up!” WO #1 approached the passenger side of the vehicle with his firearm pointed at the SUV and the SO walked towards the SUV with his C8 rifle pointed at the vehicle. The SUV pulled out from the curb and travelled southbound on Avenue Road out of the camera frame to the right. WO #1 walked southbound and held the radio on the left side of his police vest as the SO stood in front of a store in the southbound lanes of Avenue Road with his rifle pointed at the doorway.

Starting at about 2:18:54 a.m., the SO and WO #1 walked with intention, firearms at the ready, towards the doorway. The SO and WO #1 shouted, “Put your hands up!” The Complainant exited the door and the SO grabbed the Complainant. WO #1 assisted the SO in pulling the Complainant onto the pavement. The SO stumbled over debris and the Complainant’s legs as he went to the ground, and his right shin/knee landed on the Complainant’s back. The SO steadied himself and stood to the left of the Complainant. The SO used his left foot to step over the Complainant and stepped on the Complainant’s left leg as WO #1 started to handcuff the Complainant’s hands behind his back. WO #1 searched the Complainant.

Starting at about 2:20:11 a.m., WO #2 bent over the Complainant, but it was unclear what happened.

Starting at about 2:20:34 a.m., WO #2 and WO #1 assisted the Complainant to his feet and escorted him out the left camera frame.

Starting at about 2:25:34 a.m., WO #1 opened the rear driver side door of a cruiser and informed the Complainant he was under arrest for break and enter. He read the Complainant a police caution and his rights to counsel.

Starting at about 2:50:52 a.m., the rear driver side door opened, and a paramedic spoke with the Complainant. The Complainant reported his chest hurt. He refused to identify himself until he spoke to his lawyer.

Starting at about 2:51:35 a.m., the rear passenger side door opened, and a second paramedic spoke with the Complainant. The paramedic asked the Complainant what happened. The Complainant said, “They seen me, I gave myself up They tackled me. I don’t know who dropped their weight on me, but whoever dropped their weight on me, right on my (paused to breathe) my rib is hurting a lot. The paramedic palpated over the Complainant’s left chest and identified the left side as injured by the Complainant’s reaction and feedback. The Complainant noted his pain at a level 8/10.

Video Footage – Royal Lighting

Video File #1

On October 31, 2025, starting at about 2:00:49 a.m., the video opened with a street view from the north side parking lot of Royal Lighting. A dark-coloured SUV travelled southbound on Avenue Road and parked southbound in front of a store. A person walked northbound from the passenger side of the SUV and out of the upper camera frame.

Starting at about 2:05:02 a.m., about four people stood in the doorway of the store or milled about the vehicles.

Starting at about 2:13:30 a.m., a person walked from the parked SUV and stepped into the doorway of the store.

Starting at about 2:15:13 a.m., the SUV reversed and stopped in front of the entrance to the store. A person descended the stairs inside the doorway and walked to the passenger side of the SUV. A person exited the driver side door of the SUV, and two people entered the store entrance.

Starting at about 2:18:44 a.m., the unlock lights from the SUV lit up, and a person ran around the rear of the SUV from the west sidewalk and entered the driver’s seat. The vehicle departed southbound on Avenue Road out of the right camera frame.

Starting at about 2:20:00 a.m., a black SUV travelled northbound into the camera frame, performed a U-turn in front of the store and parked southbound on the west side of the southbound lanes. Two people exited the SUV and entered the store entrance.

Video File #2 (Not Time-stamped)

Starting at about 00:00.05 hours into the recording, WO #1 entered the left camera frame as he ran towards the SUV. The SUV travelled southbound on Avenue Road and out of the left camera frame as the SO ran into the left camera frame. WO #1 walked southbound on Avenue Road out of the left camera frame.

Starting at about 00:00.19 hours into the recording, the SO’s posture stiffened abruptly as he faced the store entrance. WO #1 ran into the left camera frame. An object fell to the floor just inside the store front as the SO and WO #1 approached the door.

Starting at about 00:00.31 hours into the recording, the Complainant appeared in the entrance doorway. WO #1 and the SO pulled the Complainant forward onto the sidewalk on his stomach. The SO stepped over the Complainant to stand on his left side; WO #1 stood to the right side. The SO stepped to the Complainant’s right side as WO #1 bent over him. WO #1 had both hands on the Complainant but it was unclear what happened. WO #1 knelt on his left knee, but it was unclear on what he knelt. WO #1 stood up with his hands on the Complainant.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the TPS between November 4, 2025, and November 17, 2025:

• Communications recordings
• General Occurrence Report
• Known Offender Summary
• TPS policy - Incident Response
• Annual Use of Force Recertification – the SO and WO #1
• Involved Officer List
• Notes - WO #2 and WO #1
• Photos
• Injury Report – the Complainant
• BWC and ICC footage

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between October 31, 2025, and November 5, 2025:

• Video footage from a business located in the area of Avenue Road and Lawrence Avenue West
• Video footage from Royal Lighting
• The Complainant’s medical records from NYGH
• Toronto EMS Ambulance Call Report
• Toronto EMS Incident Summary Reports

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

In the early morning of October 31, 2025, TPS officers were dispatched to a store located near the intersection of Avenue Road and Lawrence Avenue West in Toronto. The store’s alarm had been tripped and the owner called police to report masked men burglarizing the business.

The SO and his partner, WO #1, were the first to arrive on scene. WO #1 stopped their cruiser curbside facing north in the southbound lanes of Avenue Road, a distance south of a SUV parked facing south beside the store. The officer exited the vehicle with his semi-automatic pistol in hand. The SO exited with a C8 rifle at the ready. They approached the SUV and ordered its occupants not to move. The SUV accelerated away from the scene southbound on Avenue Road.

The SO and WO #1 approached the entrance of the business. Its glass door had been smashed. The officers observed a masked male – the Complainant – descending a flight of stairs towards the door and ordered him to raise his hands. The male dropped items in his possession, raised his arms and continued to make his way down the stairs. Once at the bottom, the Complainant was grabbed by the officers and forced onto the sidewalk in a prone position. The SO’s right knee dropped onto the Complainant’s lower back. Shortly after, the Complainant was handcuffed behind the back.

The Complainant complained of difficulty breathing after his arrest. He was transported to hospital and diagnosed with a possibly fractured rib.

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 348, Criminal Code - Breaking and Entering with Intent, Committing Offence or Breaking Out

348 (1) Every one who

(a) breaks and enters a place with intent to commit an indictable offence therein,

(b) breaks and enters a place and commits an indictable offence therein, or

(c) breaks out of a place after

(i) committing an indictable offence therein, or

(ii) entering the place with intent to commit an indictable offence therein,

is guilty

(d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and

(e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

(2) For the purposes of proceedings under this section, evidence that an accused

(a) broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or

(b) broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after

(i) committing an indictable offence therein, or

(ii) entering with intent to commit an indictable offence therein.

(3) For the purposes of this section and section 351, place means

(a) a dwelling-house;

(b) a building or structure or any part thereof, other than a dwelling-house;

(c) a railway vehicle, a vessel, an aircraft or a trailer; or

(d) a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.

The Complainant was seriously injured in the course of his arrest by TPS officers on October 31, 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.

Having arrived at the scene of a reported burglary and observing a masked Complainant descending a flight of stairs with merchandise in his hands, I am satisfied that the SO and WO #1 were within their rights in moving to arrest him for break and enter contrary to section 348 of the Criminal Code.

With respect to the SO’s knee drop (the likely cause of the Complainant’s injury), the SO says it was the inadvertent result of his losing his balance after the Complainant was grounded. The video footage of the event is not dispositive of the issue but does give the impression of the officer purposefully dropping his knee. In either event, I am unable to reasonably conclude that the force brought to bear by the SO was unwarranted. While I accept that the Complainant did not resist arrest, he was caught committing a serious crime and the officers would have been rightly concerned that he could be armed or otherwise violent. It was imperative that the Complainant be brought under control and handcuffed as soon as possible. A knee dropped onto the Complainant’s back to keep him pinned to the sidewalk right after he was grounded does not seem a disproportionate use of force in the circumstances.

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

Date: February 20, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit