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 November 27, 2025, at 5:43 p.m., the London Police Service (LPS) contacted the SIU with the following information.

On November 26, 2025, at 4:16 p.m., the Complainant was arrested in a stolen vehicle and taken to the LPS Headquarters Detention Unit at 5:14 p.m.. During the booking process, he admitted to consuming heroin and carfentanil earlier that day, between 2:00 and 3:00 p.m. The Complainant acknowledged he was a drug user and was monitored through the evening. On November 27, 2025, at 7:40 a.m., he began vomiting. Emergency Medical Services were called, paramedics attended, and the Complainant was taken to Victoria Hospital by ambulance. At 4:44 p.m., hospital staff advised the LPS that the Complainant was being admitted

The Team

Date and time team dispatched: 2025/11/27 at 6:16 p.m.

Date and time SIU arrived on scene: 2025/11/28 at 12:00 p.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 November 28, 2025.

Subject Officials (SO)

SO #1 Declined interview and to provide notes, as is the subject official’s legal right

SO #2 Declined interview and to provide notes, as is the subject official’s legal right

SO #3 Declined interview and to provide notes, as is the subject official’s legal right

Witness Official (WO)

WO Interviewed; notes received and reviewed

The witness official was interviewed on February 10, 2026.

Service Employee Witnesses (SEW)

SEW #1 Interviewed; notes received and reviewed

SEW #2 Interviewed; notes received and reviewed

SEW #3 Interviewed; notes received and reviewed

The service employee witnesses were interviewed between February 13 and 14, 2026.

The Scene

The events in question transpired in a cell of the LPS Headquarters Detention Unit, 601 Dundas Street, London.

The cell was a single bed cell within a group of cells in the block area. Inside the cell was a concrete bed, stainless steel combination toilet/sink, and a white blanket.

Video/Audio/Photographic Evidence[2]

LPS Communications Recordings

On November 26, 2025, at 3:48 p.m., Officer #1 advised dispatch he was at an address in the area of Hamilton Road and Adelaide Street North investigating a stolen vehicle. He indicated he had two parties in custody and requested a second police officer.

LPS Body-worn Camera (BWC) Footage – Officer #1

Starting at 3:48 p.m., November 26, 2025, Officer #1 (responsible for the initial investigation of the Complainant) handcuffed and conducted a search of the Complainant, who was subsequently escorted to a police vehicle.

LPS BWC Footage – Officer #2

Starting at 3:49 p.m., November 26, 2025, Officer #2, responding to Officer #1’s request for an additional officer, arrested the Complainant for possession of stolen property and for outstanding Criminal Code warrants.

Starting at 4:10 p.m., the Complainant discarded an unknown substance wrapped in plastic. The Complainant advised he had consumed heroin prior to being arrested.

LPS BWC Footage – Officer #3

Starting at 4:10 p.m., November 26, 2025, Officer #3 (transporting officer) searched the Complainant, and a bag containing a substance he had discarded was located.

Starting at 4:18 p.m., the Complainant declined medical attention and advised he was not in possession of narcotics.

LPS BWC Footage – The WO

Starting at 4:11 p.m., November 26, 2025, the WO (Officer #3’s training officer) asked the Complainant several times about narcotics he had consumed and if he required medical attention. The Complainant advised he had smoked a point of heroin a couple hours prior to being arrested. The WO removed his BWC and pointed it at the Complainant as his police vehicle did not have an in-car camera system. He made several more inquiries about the Complainant’s health and wellbeing on the way to LPS cells.

Video Footage - LPS Booking Area & Cell

On November 26, 2025, at 5:22 p.m., the Complainant was booked. He indicated during his booking that he would get sick when the heroin he had consumed wore off.

Starting at 5:45 p.m., the Complainant was placed in a cell.

Starting at 10:16 p.m., the Complainant leaned his head over the toilet several times as if he was possibly vomiting.[3]

From 10:20 p.m. to the following morning at 7:40 a.m., the Complainant largely lay on his bunk without incident. At 12:15 a.m., he leaned his head over the toilet as if he was possibly vomiting.

On November 27, 2025, at 7:40 a.m., SEW #3 completed a cell check and spoke to the Complainant, who started to vomit.

Starting at 7:54 a.m., the Complainant exited the cell.

The Complainant did not appear to ingest anything in the cell other than provisions provided to him.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the LPS between December 1, 2025, and February 10, 2026:

• Arrest Booking Report
• Communications recordings
• Computer-aided Dispatch Report
• Notes – the WO, SEW #1, SEW #2 and SEW #3
• Custody footage
• Detention Cell Check Report
• BWC footage
• Policy – Care and Control of Prisoners
• Policy – Search of Persons in Custody

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from Victoria Hospital – London Health Sciences Centre on December 11, 2025.

The evidence collected by the SIU, including interviews with the Complainant’s police custodians, gives rise to the following scenario. As was their legal right, the subject officials did not agree an interview with the SIU or the release of their notes.

In the afternoon of November 26, 2025, the Complainant was arrested in connection with a stolen automobile. He was searched at the scene and transported to the LPS headquarters where he was lodged in a cell at about 5:45 p.m. He told police that he had consumed heroin a couple of hours before his arrest and explained he would become sick in his cell once the effects of the drug wore off.

The Complainant was monitored by special constables while in cells. He appeared to sleep for most of his time in custody. At about 7:40 a.m., the Complainant had just woken when he started to vomit. He was removed from the cell and transported to hospital.

The Complainant was taken to hospital and treated for opioid withdrawal.

Section 215, Criminal Code - Failure to Provide Necessaries

215 (1) Every one is under a legal duty

(c) to provide necessaries of life to a person under his charge if that person

(i) is unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and

(ii) is unable to provide himself with necessaries of life.

(2) Every person commits an offence who, being under a legal duty within the meaning of subsection (1), fails without lawful excuse to perform that duty, if

(b) with respect to a duty imposed by paragraph (1)(c), the failure to perform the duty endangers the life of the person to whom the duty is owed or causes or is likely to cause the health of that person to be injured permanently.

Sections 219 and 221, Criminal Code - Criminal Negligence Causing Bodily Harm

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.

221 Every person who by criminal negligence causes bodily harm to another person is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction.

The Complainant became ill with symptoms of opioid withdrawal while in the custody of the LPS on November 27, 2025. The SIU was notified of the incident and identified three subject officials, SO #1, SO #2 and SO #3, each with responsibility for the Complainant’s care at different times during his period of custody. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that any of the subject officials committed a criminal offence in connection with the Complainant’s illness.

The offences that arise for consideration are failure to provide the necessaries of life and criminal negligence causing bodily harm contrary to sections 215 and 221 of the Criminal Code, respectively. Both require something more than a simple want of care to give rise to liability. The former is predicated, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have exercised in the circumstances. The latter is premised on even more egregious conduct that demonstrates a wanton or reckless disregard for the lives or safety of other persons. It is not made out unless the neglect constitutes a marked and substantial departure from a reasonable standard of care. In the instant case, the question is whether there was any want of care on the part of the SO #1, SO #2 and/or SO #3, sufficiently serious to attract criminal sanction, that endangered the Complainant’s life or contributed to his condition. In my view, there was not.

There are no questions raised in the evidence regarding the lawfulness of the Complainant’s arrest in connection with a stolen automobile.

Nor is there evidence to believe that any of the subject officials failed to comport themselves with due care and regard for the Complainant’s well-being. SO #1 was involved with the Complainant at the point of arrest, which appears to have been effected in a reasonable manner. Two searches of his person were performed at the time, and a bag of heroin confiscated. Those with charge of the Complainant during this period were alert to the possible adverse impacts of drugs on the Complainant’s wellbeing. They asked the right questions regarding drug consumption, learned he had recently smoked heroin, and were vigilant with him as he was taken to the station.

The same can be said of the care provided the Complainant at the police station. While it appears that several fits of vomiting by the Complainant might have been missed by the special constables tasked with his supervision, the Complainant largely laid on his bunk and slept uneventfully until about 7:40 a.m. of the following day. At that time, police responded promptly to another fit of vomiting by taking him to hospital.

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

Date: March 26, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit