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 38-year-old man (the “Complainant”).

Notification of the SIU[1]

On December 25, 2025, at 9:23 a.m., the Toronto Police Service (TPS) contacted the SIU with the following information.

On December 25, 2025, at 12:02 a.m., multiple calls were received by TPS regarding an impaired driver in the area of 74 Curlew Drive, Toronto. Reportedly, a woman had been struck by the driver. The vehicle left the scene only to return a short time later. Civilian witnesses had an altercation with the driver and unsuccessfully attempted to remove him from the vehicle. At 12:08 a.m., police officers arrived on scene. The driver [now known to be the Complainant] refused to exit the vehicle, a struggle ensued with the officers, and the Complainant was taken to the ground and arrested. The Complainant had been transported to Michael Garron Hospital (MGH) by Toronto Emergency Medical Services (EMS) where he was diagnosed with a fractured right nasal cavity.

The Team

Date and time team dispatched: 2025/12/25 at 9:55 a.m.

Date and time SIU arrived on scene: 2025/12/27 at 11:51 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”)

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

The Complainant was interviewed on December 27, 2025.

Civilian Witness

CW Interviewed

The civilian witness was interviewed on January 5, 2026.

Subject Official

SO Interviewed; notes received and reviewed

The subject official was interviewed on January 9, 2026.

Witness Officials

WO #1 Interviewed; notes received and reviewed

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

WO #3 Not interviewed; notes reviewed, and interview deemed not unnecessary

WO #4 Not interviewed; notes reviewed, and interview deemed not unnecessary

WO #5 Not interviewed; notes reviewed, and interview deemed unnecessary

WO #1 was interviewed on December 31, 2025.

The Scene

The events in question transpired in and around a vehicle stopped on the roadway in the area of 74 Curlew Drive, Toronto.

Video/Audio/Photographic Evidence[2]

TPS Body-worn Camera (BWC) Footage

On December 25, 2025, starting at about 12:06 a.m., the SO exited his police vehicle on a roadway [now known to be in the area of 74 Curlew Drive, Toronto]. A Toronto Fire Services (TFS) pumper truck was parked at the side of the road. In the middle of the road in front of the pumper truck lay a person surrounded by civilians and firefighters. The SO told the civilians to back up. Civilians started to walk towards a black vehicle [now known to be a Ford Edge] parked at the side of the road. It faced the pumper truck with its headlights on. WO #1 pushed the civilians away and held them back from the vehicle. The SO asked, “Who is in the car?” WO #1 pushed two men away from the side of the vehicle. The SO opened the driver’s door of the Ford Edge. A man [now known to be the Complainant] was sitting in the driver’s seat. The SO took hold of the Complainant and asked him to exit the vehicle several times. Within seconds, when the Complainant did not exit the vehicle, the officer grabbed the Complainant’s arms and pulled him out of the vehicle. The SO pushed the Complainant down to the road surface at the rear of the Ford Edge. The Complainant landed on the roadway face first. The SO held the Complainant’s back. The Complainant turned to look back and blood was coming from his mouth. The SO told the Complainant to put his hands behind his back and relax because they were trying to find out what was going on.

At 12:08 a.m., the SO handcuffed the Complainant with his hands behind the back. He told the Complainant that he was under arrest for impaired driving and walked him past the pumper truck to his police vehicle. The SO told the Complainant that he could smell alcohol on him. The Complainant was placed in the back of his police vehicle.

Communications Recordings & Computer-assisted Dispatch (CAD) Report

On December 25, 2025, at 12:02 a.m., a person called the 911 and reported a hit and run at 74 Curlew Drive, Toronto. Both the EMS and the TPS were notified. Reportedly, a female pedestrian had been hit by a car, and she was laying on the road. The suspect vehicle was a black Ford. It had left and then returned to the scene. The caller subsequently advised it sounded like the involved persons had been drinking, and the injured female was awake with a possible broken arm.

At 12:06 a.m., the 911 caller reported that police officers and the TFS were on scene, and civilians were fighting with the driver of the Ford. The caller then noted that police officers were struggling with the driver of the Ford.

At 12:08 a.m., the SO and WO #1 advised that they had one person in custody and that other police units could slow down.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS between December 26, 2025, and February 17, 2026:

• Communications recordings
• BWC footage
• In-car camera footage
• Police History – the Complainant
• CAD Report
• General Occurrence Report
• Intoxilyzer Results
• Involved Police Officers List
• Motor Vehicle Collision Report
• Notes – WO #1, SO, WO #5, WO #4, WO #2 and WO #3
• Release Notice – Form 10
• TPS policies – Arrest; Incident Response (Use of Force)
• Training records – the SO

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between December 30, 2025, and January 7, 2026:

• Ambulance Call Report from Toronto EMS
• The Complainant’s medical records from MGH

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

Just after midnight of December 25, 2025, TPS officers were called to the scene of a reported hit and run in the area of 74 Curlew Drive. A woman on the roadway had been struck by a vehicle – a Ford Edge – that had left and then returned to the scene.

Firefighters were the first to arrive, followed shortly by the SO and his partner, WO #1. A crowd of persons had gathered around the woman, including her mother and father. The officers ordered the persons back so the firefighters could render care.

Within seconds of the officers’ arrival, the injured woman’s father approached the Ford Edge, parked a short distance away by the curb of Curlew Drive. He tried to open the door of the vehicle and was pushed away by WO #1. The SO arrived at the driver’s door of the Ford Edge, opened it and took hold of the driver – the Complainant. He could smell alcohol emanating from the Complainant. The officer told him repeatedly to exit the vehicle and then forcibly removed him from his seat when he did not exit of his own accord. The SO and WO #1 escorted the Complainant to the rear of the Ford Edge, where the SO grounded him front first. The Complainant was subsequently handcuffed behind the back and placed in the backseat of a cruiser.

The Complainant was transported to hospital following his arrest and diagnosed with a broken nose.

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 320.14, Criminal Code - Operation While Impaired

320.14 (1) Everyone commits an offence who

(a) operates a conveyance while the person’s ability to operate it is impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug;

(b) subject to subsection (5), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration that is equal to or exceeds 80 mg of alcohol in 100 mL of blood;

(c) subject to subsection (6), has, within two hours after ceasing to operate a conveyance, a blood drug concentration that is equal to or exceeds the blood drug concentration for the drug that is prescribed by regulation; or

(d) subject to subsection (7), has, within two hours after ceasing to operate a conveyance, a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that are prescribed by regulation for instances where alcohol and that drug are combined.

Section 320.16, Criminal Code - Failure to Stop After Accident

320.16(1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.

The Complainant was seriously injured in the course of his arrest by TPS officers on December 25, 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.

With information at his disposal that a woman had been seriously injured in a collision with a vehicle, that the Ford Edge was the vehicle in question, that the Ford Edge had left the scene of the collision, and that the Complainant was driving the Ford Edge while impaired by alcohol, I am satisfied that the SO was within his rights in moving to apprehend the Complainant for impaired driving and leaving the scene of a collision contrary to sections 320.14(1) and 320.16(1) of the Criminal Code, respectively.

I am also satisfied that the evidence falls short of reasonably establishing that the SO used unlawful force against the Complainant. The SO did not have the luxury of time in his dealings with the Complainant. The scene was a chaotic one with persons screaming and crowding the officers, and the injured woman’s father attempting to get at the Complainant. In the circumstances, it made sense to take hold of the Complainant and remove him quickly from the vehicle when he did not promptly exit after the officer ordered him to do so. The grounding, arguably, might have been on the precipitous side, but I am unable to reasonably conclude that it crossed over into excessive force. Given what the SO reasonably interpreted as resistance on the part of the Complainant inside the vehicle, and the need to move quickly given the situation around them, the officer had cause to take him to the ground to better manage any further resistance.

In the result, while it is regrettable that the Complainant suffered a broken nose in his dealings with the SO, likely the result of the takedown, there are no reasonable grounds to believe the injury is attributable to unlawful conduct on the part of the officer. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: April 22, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit