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 37-year-old male (the “Complainant”).

Notification of the SIU[1]

On January 8, 2026, at 9:50 p.m., the Ottawa Police Service (OPS) contacted the SIU with the following information.

On January 8, 2026, at 5:38 p.m., an officer was parked in a marked police cruiser in a parking lot located at 1980 Ogilvie Road, Ottawa. The officer was approached by a staff member from the nearby Liquor Control Board of Ontario (LCBO) reporting that a theft had just occurred, and that the responsible man [now known to be the Complainant’s brother] had fled on foot through the nearby plaza. The officer summoned backup and initiated a search for the Complainant’s brother. A short time later, two additional officers responded and all three located the Complainant’s brother in the custody of plaza security personnel in a Walmart retail store. The arrest took place without incident. As the Complainant’s brother was being searched, a second man [now known to be the Complainant] approached and attempted to interfere with the arrest. At 5:44 p.m., the Complainant was grounded and arrested for obstructing police. While awaiting transport to the police station, the Complainant indicated pain to his right leg and was transported to the Hôpital Montfort by Emergency Medical Services (EMS), where he was diagnosed at 8:25 p.m., with a fractured right knee.

The Team

Date and time team dispatched: 2026/01/09 at 7:24 a.m.

Date and time SIU arrived on scene: 2026/01/09 at 8:18 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on January 9, 2026

Civilian Witnesses

CW #1 Interviewed

CW #2 Interviewed

The civilian witnesses were interviewed on January 20, 2026

Subject Officials

SO Interviewed, but declined to submit notes, as is the subject official’s legal right

The subject official was interviewed on January 14, 2026

Witness Official

WO Interviewed; notes received and reviewed

The witness official was interviewed on January 14, 2026.

The Scene

The events in question transpired in the area just inside the entrance doors of the Walmart located at1980 Ogilvie Road, Ottawa.

Video/Audio/Photographic Evidence[2]

OPS Communications Recordings

On January 8, 2026, at 5:38 p.m., police received a 911 call reporting that a man [the Complainant’s brother] had just stolen alcohol from a LCBO. The Complainant’s brother was running through a mall and had exited, after which he ran into the Walmart. The Complainant’s brother was wearing a grey coat and a black backpack.

At 5:39 p.m., a plaza security guard [CW #1] located and detained the Complainant’s brother inside the Walmart store

At 5:42 p.m., the Complainant was arrested, and another OPS unit was requested.

At 6:00 p.m., an officer requested that EMS attend because of an injury to the Complainant’s knee.

At 6:29 p.m., EMS transported the Complainant to Hôpital Montfort, arriving about ten minutes later.

Video Footage – Walmart, 1980 Ogilvie Road

On January 8, 2026, starting at about 5:39:10 p.m., a security guard [CW #1] was captured holding the Complainant’s brother at the entrance of the Walmart store. The Complainant’s brother broke free and dropped a black backpack on the floor at the entrance before running into the store. Within seconds, the WO and another officer entered the store and gave chase. The Complainant’s brother was tackled and arrested with his hands handcuffed behind the back.

Starting at about 5:40:26 p.m., the SO entered the store and walked towards the WO, the other officer and the Complainant’s brother.

Starting at about 5:40:59 p.m., the SO walked back towards the entrance doors of the store. Starting at about that time, the Complainant entered and walked past the SO. The Complainant walked towards the WO and the other officer as they escorted the Complainant’s brother towards the entrance doors. The Complainant turned around and began walking towards the SO, who was crouched down, taking inventory of the black backpack dropped by the Complainant’s brother inside the sliding entry doors of the Walmart entrance.

Starting at about 5:41:06 p.m., the SO picked up a clear bottle and the backpack, and moved them aside, away from the entrance door.

Starting at about 5:41:20 p.m., the WO, the other officer and the Complainant’s brother exited the store. The Complainant reached down to the left side of the SO and picked up a bottle from beside the black backpack. The SO reacted; he stood and grabbed the bottle from what appeared to be the Complainant’s left hand. The Complainant swiped the SO’s right hand away on two occasions. The SO took physical control of the Complainant’s shoulders, stepped forward, and pushed him backward. In one fluid motion, the SO used his right leg to sweep under the Complainant’s right leg, causing him to fall to the ground onto his back. The Complainant was controlled on the ground by the SO with the assistance of the WO, who had re-entered the store to assist. The Complainant was handcuffed with his hands behind the back.

Starting at about 5:44:20 p.m., the Complainant was captured favouring his right leg while being escorted out of the Walmart. He required assistance from both the SO and the WO.

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

The Complainant was heard indicating that the bottle of alcohol he had picked up belonged to him. The SO responded, “That’s not yours,” and directed the Complainant to leave.

Following the takedown, the SO repeatedly asked the Complainant, “Why are you grabbing my stuff?” The Complainant responded by telling the SO to get off him. The Complainant further stated he believed the bottle was his and indicated that he had not done anything wrong. The Complainant complained of pain to his leg.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the OPS between January 9, 2026, and January 20, 2026.

• Involved Officers List
• General Occurrence Reports
• OPS policy – Use of Force
• Notes and Investigative Action Report – the WO
• Arrest Details – the WO
• Computer-aided Dispatch (CAD) Report
• Witness statement – LCBO employee
• Call Information Reports
• Probation Officer statement
• In-car camera (ICC) footage
• Video footage – Walmart, 1980 Ogilvie Road, Ottawa
• Communications recordings

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between January 12, 2026, and January 21, 2026:

• The Complainant’s medical records from Hôpital Montfort
• The Complainant’s medical records from Ottawa Hospital General Campus
• Images of medical records provided by the Complainant
• Photograph of Ontario Photo Card from the Complainant
• BWC footage from security personnel
• Video footage from Walmart, 1980 Ogilvie Road, Ottawa

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

In the late afternoon of January 8, 2026, OPS officers were alerted to a recent theft of alcohol from the LCBO at the Gloucester Centre. The suspect – the Complainant’s brother – had fled the LCBO and entered the nearby Walmart where a security guard stopped him by the entrance doors. The Complainant’s brother dropped his backpack, containing stolen bottles of alcohol, and fled further into the store as the OPS officers arrived on scene. He was chased by the officers, grounded and handcuffed behind the back.

The SO arrived shortly after the arrest to assist. He made his way to the backpack by the sliding entrance doors of the Walmart and was crouched over it checking its items when he was approached by the Complainant. The Complainant reached down and picked up a bottle that had fallen from the backpack, telling the officer that it belonged to him. The SO replied that it was not his, stood up, and removed the bottle from the Complainant’s hand. The Complainant swiped the officer’s hand away, and then swiped it away again as the SO reached out to grab him. The SO moved towards the Complainant, grabbed him by the upper body and used his right leg to sweep the Complainant’s legs out from under him. The Complainant fell onto his back and immediately favoured his right knee. He was handcuffed behind the back and taken into custody.

The Complainant was seen at hospital after his arrest and diagnosed with a fractured right knee.

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 129, Criminal Code of Canada - Offences relating to public or peace officer

129 Every one who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,

(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or

(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,

is guilty of

(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(e) an offence punishable on summary conviction.

The Complainant was seriously injured in the course of his arrest by OPS officers on January 8, 2026. 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.

The SO was engaged in the exercise of his legal duties, preserving evidence of a crime, when the Complainant walked over to him and took possession of one of the bottles. On this record, I am satisfied that the Complainant was subject to arrest for obstructing a peace officer contrary to section 129 of the Criminal Code.

I am also satisfied that the force used by the SO in the Complainant’s arrest, namely, a takedown, was legally justified. The Complainant had interfered with the SO, lied about the alcohol being his and reacted combatively when the officer attempted to take back the bottle. In the circumstances, the SO could reasonably expect that the Complainant would physically contest his arrest. A takedown made sense as it would position the officer to better deal with the Complainant’s aggression.

In the result, while it is regrettable that the Complainant’s knee was broken when he was grounded by the officer, there are no reasonable grounds to believe that the injury is attributable to unlawful conduct on the part of the SO. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: May 4, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit