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 39-year-old woman (the “Complainant”).

Notification of the SIU[1]

On November 2, 2025, at 7:20 p.m., the Ontario Provincial Police (OPP) contacted the SIU with the following information.

Earlier that day, an officer [now known to be Witness Official (WO) #1] with the OPP Lennox and Addington County Detachment observed a woman, the Complainant, who was known to be wanted on an outstanding warrant for theft under $5000 and a breach offence. The Complainant fled on foot when WO #1 approached to effect an arrest. WO #1 ultimately located her at 10:45 a.m. in the area of 34 Water Street West, Napanee. A scuffle ensued in which the Complainant attempted to bite the officer. Additional officers responded to assist with the arrest, and the Complainant was eventually controlled and transported to the Lennox and Addington County detachment. Shortly after being processed at the detachment, the Complainant complained of pain to her chest area. At 11:10 a.m., she was transported by police to Lennox and Addington County General Hospital (LACGH) where she was diagnosed with a fractured left rib.

The Team

Date and time team dispatched: 2025/11/03 at 6:47 a.m.

Date and time SIU arrived on scene: 2025/11/03 at 8:58 a.m.

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”)

39-year-old female; interviewed; medical records obtained and reviewed

The Complainant was interviewed on November 3, 2025, and on December 9, 2025.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on November 5, 2025.

Subject Official (SO)

SO Interviewed; notes received and reviewed

The subject official was interviewed on January 27, 2026.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

The witness officials were interviewed on November 10, 2025.

The Scene

The events in question transpired at the rear of the building located at 34 Water Street West, Napanee, on a grassy area near the embankment of the Napanee River.

Video/Audio/Photographic Evidence[2]

OPP Communications Recordings

On November 1, 2025, at 6:14:39 p.m., OPP dispatch received a report from the store manager of the LCBO located at 10 Alkenbrack Street in Greater Napanee, regarding the theft of a 750 ml bottle of Smirnoff Berry Blast Vodka. She advised that the same individual had previously shoplifted on October 26, 2025. Given the repeat incident, she chose to report the matter directly by phone. The store manager stated the theft was captured by store video and identified the individual as the Complainant.

On November 2, 2025, at 10:35:47 a.m., WO #1 requested immediate assistance over the police radio. Screaming was audible in the background. Officer #1 and the SO were dispatched to 34 Water Street West, Napanee. WO #1 advised that he was down by the water behind the address. Within about three minutes of the SO’s arrival, WO #1 informed responding units they could slow their response, as the Complainant was secured in a cruiser.

At 10:56:13 a.m., an officer requested that Emergency Medical Services (EMS) be directed to the detachment, advising that the Complainant required hospital care. Shortly after, dispatch confirmed EMS were awaiting an available unit.

At 11:32:01 a.m., dispatch contacted EMS for an update and was advised that no crew was available. Officers subsequently transported the Complainant to LACGH.

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

On November 2, 2025, starting at about 10:35:06 a.m., WO #1 exited his cruiser and pursued the Complainant behind 34 Water Street West. When he encountered her, he advised there were grounds for her arrest for shoplifting. The Complainant questioned the arrest, then fled towards the river embankment, dropping her bag. As she approached the top of the river embankment, WO #1 grabbed her, and a struggle ensued.

Between about 10:35:42 a.m. and 10:38:12 a.m., the Complainant repeatedly resisted as WO #1 attempted to restrain her near the embankment. She pushed off the ground and concealed her hands under her body. WO #1 issued multiple verbal commands to stop resisting and warned she could be tasered.

Starting at about 10:38:35 a.m., the SO arrived to assist. WO #1 said, “Now you’re done, [Complainant’s first name],” as he moved down her body. WO #1 said, “Give me your fucking hands,” as he used both hands to free her right hand from under her body and put it behind her back. The SO, positioned on the left side of the Complainant’s body, held both his hands on the Complainant’s back. He subsequently used his right hand to punch the Complainant’s lower left flank three times. The Complainant groaned, and WO #1 grabbed her left hand and brought it behind her back. WO #1 shouted, “Stop it!”

Starting at about 10:38:51 a.m., the SO put his right knee across the Complainant’s back. The Complainant moved her right hand beneath her body, at which point the SO delivered two or three knee strikes with his right knee to the left flank of the Complainant. The Complainant moaned, “Ow.” The SO and WO #1 moved the Complainant’s hands behind her back, and the SO held her hands in place as WO #1 handcuffed her hands.

Starting at about 10:39:26 a.m., the officers assisted the Complainant to her feet. She repeatedly stated she could not breathe, briefly fell to her knees, and was escorted to a cruiser.

Starting at about 10:40:06 a.m., the Complainant was placed headfirst into the back seat. Following the arrest, WO #1 stated the Complainant had bitten him during the struggle and that she had nearly pushed him off the embankment.

Starting at about 10:42:54 a.m., WO #1 formally advised the Complainant she was under arrest for shoplifting, theft under $5000, resisting a peace officer, and assaulting a peace officer. The Complainant continued to claim she could not breathe and repeatedly asked for a drink.

Starting at about 10:46:01 a.m., the Complainant requested she be taken to the hospital.

OPP BWC Footage - The SO

On November 2, 2025, starting at about 10:38:33 a.m., WO #1 came into camera frame. He was straddling the Complainant a short distance from the edge of the Napanee River. The Complainant was face down and WO #1 used both hands to push down on her. The Complainant growled. The SO dropped down to the upper left side of the Complainant. The Complainant kept her hands under her body. The SO used his right hand to punch the left side of the Complainant’s face three or four times. An officer said, “Give me your fucking hands.”

Starting at about 10:38:45 a.m., the SO had his left hand on the Complainant’s upper left shoulder and his right hand on her upper left back. The SO used his right fist to punch the Complainant’s left side four times and subsequently tried to free the Complainant’s left arm with both hands.

Starting at about 10:38:55 a.m., WO #1 used his right fist to punch the Complainant’s right flank twice. WO #1 then moved the Complainant’s right hand behind her back and proceeded to handcuff the Complainant’s hands.

Starting at about 10:39:28 a.m., the police officers assisted the Complainant to her feet and escorted her to a cruiser.

Starting at about 10:51:34 a.m., the SO assisted in escorting the Complainant from the cruiser into the police detachment sally port and towards the booking area. Throughout the process, the Complainant repeatedly expressed pain.

Starting at about 10:52:37 a.m., the Complainant lifted her shirt to expose her left flank and stated, “It hurts real bad.” She requested to be taken to the hospital for rib pain.

Starting at about 10:55:05 a.m., an officer advised her that EMS had been called. The Complainant disclosed that she had used a small amount of crystal methamphetamine.

OPP In-car Camera (ICC) Footage - WO #2

On November 2, 2025, at 10:40:40 a.m., the Complainant was lying on her back in the rear seat of WO #2’s cruiser with her hands handcuffed behind the back. She kicked herself out of the open driver side rear door, where two officers intervened, lifted her into a seated position and attempted to restrain her as she pushed back. The SO used his forearm and hand to guide her downward until her upper back pressed against the front seats, after which the door was closed. The Complainant repositioned herself, repeatedly kicked the rear driver side door. She stated multiple times that she needed a drink and could not breathe.

Between 10:41:50 a.m. and 10:42:55 a.m., the Complainant continued to claim breathing difficulty, attributing it to posttraumatic stress disorder, and addressed WO #2 directly for assistance. WO #1 advised her that she was under arrest for shoplifting, theft under $5,000, resisting arrest, and assaulting a police officer.

Starting at about 10:45:20 a.m., the Complainant reported rib pain, stated her ribs hurt or had “cracked”, and requested medical attention, including being taken to the hospital. WO #2 advised these concerns would be addressed upon arrival at the detachment.

At 10:51:08 a.m., the cruiser arrived at the Lennox and Addington OPP Detachment.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP between November 5, 2025, and January 27, 2026:

• General Occurrence Reports
• Arrest Report
• Communications recordings
• Computer-aided Dispatch Report
• BWC footage
• ICC footage
• Booking Hall footage
• Notes – WO #1, WO #2 and the SO

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between November 3, 2025, and December 9, 2025:

• The Complainant’s medical records from LACGH
• Video footage from 34 Water Street West, Napanee
• Video footage from private residence

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

In the morning of November 2, 2025, the Complainant was at the rear of the building at 34 Water Street West, Napanee, when she was approached by WO #1. Told she was under arrest for shoplifting, the Complainant started to run southward towards the Napanee River. The officer caught up to her by the bank of the river. They struggled for a period on their feet before WO #1 took her to the ground.

WO #1 had been apprised earlier that day that the Complainant was wanted for stealing a bottle of alcohol from a LCBO store the day before. The store manager had reported the incident to police, identifying the Complainant by name. The struggle with the Complainant continued on the ground. WO #1 was able to straddle over top of the Complainant and prevent her from getting back to her feet, despite her protracted efforts to do so. Unable to handcuff the Complainant, WO #1 radioed for assistance.

The SO heard the request for assistance and was quickly on scene. The Complainant was in a prone position at this time and the officer took a position by her upper left side. The officers repeatedly told the Complainant to stop resisting as she struggled against their efforts to control her arms behind the back. The SO delivered three to four short jabs to each of the Complainant’s head and left back, and a number of knee strikes to the left side. From the Complainant’s right side, WO #1 delivered two short right punches to the right back. Following the strikes, the Complainant’s arms were wrestled under control and handcuffed.

Following her arrest, the Complainant was transported to hospital and diagnosed with a fractured left 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.

The Complainant was seriously injured in the course of her arrest by OPP officers in Napanee on November 2, 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.

There are no questions raised in the evidence regarding the lawfulness of the Complainant’s arrest. It appears there were grounds to take the Complainant into custody for shoplifting in relation to the theft the day before from a LCBO store.

I am also satisfied that the force used by the officers fell within the range of what was reasonable in the circumstances to effect the Complainant’s arrest. The BWC footage establishes that the Complainant struggled vigorously against her arrest on her feet and then on the ground. She refused to surrender her arms to be handcuffed and even managed to lift herself partially up from the ground despite WO #1 doing what he could to keep her pinned. It was clear that some physical force was going to be necessary to take her into custody. There was also a need to bring the Complainant under control sooner rather than later. Though there was a fence separating the riverbank from the officers’ and the Complainant’s location, the Complainant had run straight for the river before WO #1 caught up to her and there would have been concern she might do so again, placing their safety in jeopardy, were she able to free herself from the officers’ hold. On this record, I am unable to reasonably conclude that the strikes delivered by the officers were unwarranted, particularly as the Complainant continued to resist until the final stages of the struggle.

In the result, while I accept that the Complainant’s broken left rib was incurred in the altercation that marked her arrest, more than likely by one or more of the strikes delivered by the SO, there are no reasonable grounds to believe the injury is the result of unlawful conduct on the part of the arresting officers. As such, there is no basis for proceeding with criminal charges. The file is closed.

Date: February 27, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit