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 injuries of a 39-year-old man (the “Complainant”).

Notification of the SIU[1]

On January 23, 2026, at 11:20 a.m., the Law Enforcement Complaints Agency (LECA) contacted the SIU with the following information.

LECA had received a complaint from the Complainant on December 18, 2025.[2] In it, the Complainant reported that he had suffered a broken tooth, broken nose, broken hyoid bone, bruising, and cuts to the face during an arrest on November 12, 2025, by an OPP officer – the Subject Official (SO) – and an unknown female partner [now known to be Witness Official (WO) #1] of the Lennox and Addington County OPP. The incident was said to have occurred at Dinosaur Park, Amherstview. The Complainant had attended the Lennox and Addington County General Hospital (LACGH) for assessment on November 15, 2025.

On January 29, 2026, the Complainant provided the SIU photographs of his medical records, confirming an acute-appearing comminuted nasal bone fracture involving the anterior most segment of the bony nasal septum.

The Team

Date and time team dispatched: 2026/01/30 at 9:50 a.m.

Date and time SIU arrived on scene: 2026/01/30 at 11:30 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on February 3, 2026.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on February 7, 2026.

Subject Official

SO Interviewed; notes received and reviewed

The subject official was interviewed on April 14, 2026.

Witness Officials

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

The witness officials were interviewed between February 6, 2026, and May 15, 2026.

The Scene

The events in question transpired on the north side of Dinosaur Park, 33 Hyland Court, Amherstview.

Video/Audio/Photographic Evidence[3]

OPP Communications Recordings

On November 12, 2025, at 8:10:20 p.m., and 9:20:40 p.m., Witness #1 placed calls to the OPP reporting concerns about the Complainant, whom he described as intoxicated, making accusations against family members, and issuing threats against him and Witness #2. Witness #1 advised that the Complainant’s ex-girlfriend [the CW] was transporting him to the family residence in Amherstview, where he was not welcome.

The SO and WO #1 were dispatched to the reported family dispute. WO #1 radioed to the SO that she had located the Complainant [near the northwest opening of Dinosaur Park]. The SO radioed to WO #1 that he would bring the cruiser over to the area. The SO requested that more units attend as they were attempting to arrest the Complainant, who was actively resisting. WO #1 radioed she and the SO were okay, and they had the Complainant handcuffed on the ground and under control. Additional units were briefly requested; however, Officer #1 called them off because the situation was under control and he was en route to the scene. WO #1 radioed that they had the Complainant in the back of a cruiser.

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

On November 12, 2025, starting at about at 9:43:02 p.m., Witness #2 was in the driveway of her home explaining that the Complainant was not welcome as he “scared the shit out of me”. The CW said he threatened to punch Witness #2 in the face. Witness #2 asked if they were going to look for the Complainant. The SO said, “Oh yeah, we don’t want him wandering around drunk.” WO #1 then deactivated her BWC as she walked away from the home to search for the Complainant.

Starting at about 9:55:11 p.m., the SO was captured driving a cruiser and arriving at the northwest end of Dinosaur Park by Harvard Place. WO #1 was in the park with her flashlight illuminated at the Complainant. The SO exited his vehicle and approached the Complainant while WO #1 said, “This is [Complainant’s first name] here, he’s a sovereign citizen.” The Complainant waved his hands, said goodbye, and stated, “I don’t have to give you people the time of day.” He told the officers they could not touch him as he was not on [Witness #1 and Witness #2’s] property but on a public park.

Starting at about 9:55:42 p.m., the SO told the Complainant that he was under arrest for public intoxication and grabbed the Complainant’s right arm. The Complainant said he was smoking a cigarette. The SO told the Complainant to put his hands behind his back. WO #1 appeared to try to control the Complainant’s left side and told him to put the cigarette down. The Complainant said, “No.”

Starting at about 9:55:46 p.m., WO #1’s BWC re-commenced during a struggle. Both officers and the Complainant went to the ground. The Complainant said, “What the fuck.” The SO said, “Okay, dude, chill out.” The SO’s camera was blocked [due to close proximity] and only recorded audio.

Starting at about 9:56:01 p.m., the SO told the Complainant he was under arrest for public intoxication. The Complainant said, “How am I intoxicated?” The SO stated, “Stop trying to hit me.” WO #1 commanded, “Turn over and stop resisting.” The SO said, “It’s just going to make it worse.” The Complainant replied, “No, you’re making yourself in a lot of fucking trouble, bud.” The SO directed him to roll over onto his stomach and put his hands behind the back. The Complainant asked what for, and the SO stated it was for public intoxication. The Complainant raised his voice and stated that officers could not arrest him, further asserting that they had no understanding of common law. He said, “You cannot do nothing to me, no I’m not going to stop. I’m not resisting.” WO #1 told him that he was resisting.

Starting at about 9:56:45 p.m., WO #1’s BWC footage showed her attempting to control the Complainant’s lower body by initially grasping his belt, then transitioning to pin his right leg to the ground. The SO told the Complainant he had given him a lawful command to put his hands behind the back.

Starting at about 9:56:49 p.m., the SO’s BWC turned off.

Starting at about 9:57:00 p.m., the SO told the Complainant they were going to put handcuffs on him and place him in the back of the cruiser. The Complainant said, “Well, you’re fucking police brutality right now.” The SO advised the Complainant that he was actively resisting arrest. The Complainant asked the reason for the arrest. Both officers responded that it was for public intoxication. The Complainant asked if they saw any beer bottles or cans. The SO asked the Complainant to cooperate and told him it did not have to be like that. The Complainant said, “Well it does, because you’re unlawful right fucking now.” The SO directed him to roll onto his stomach and put his hands behind the back. The Complainant replied, “No, for what reason?” The SO inquired whether he had any weapons in his possession, and the Complainant said no. The SO was trying to control the Complainant’s arms by gripping both wrists.

Starting at about 9:57:43 p.m., the SO said, “[Complainant’s first name], I need you to roll over on your stomach.” The Complainant cut him off and said, “No because you have no authority over me. Do you get that?”

Starting at about 9:57:59 p.m., the Complainant was captured on the ground on his right side, facing up towards the officers. The SO radioed for assistance as the Complainant continued to move his legs. The SO struggled to control the Complainant’s arms.

Starting at about 9:58:21 p.m., the SO raised his voice and said, “[Complainant’s first name], roll over on your fucking stomach now.” The officers positioned the Complainant prone and moved his arms behind the back, which were then handcuffed by WO #1. Both officers told him to stop resisting. The Complainant said, “I’m not resisting, you punched me in the fucking face.” WO #1 radioed they had the Complainant under control.

Starting at about 10:00:38 p.m., the officers assisted the Complainant to his feet and escorted him to the SO’s cruiser.

Starting at about 10:02:35 p.m., from the back of the cruiser, the Complainant said, “Like honestly, you have no authority to do this to me, but you are in a lot of friggin trouble.” The Complainant continued, “I am a common law citizen and do not fucking comply or follow with your government bullshit.”

OPP In-car Camera (ICC) Footage - The SO

On November 12, 2025, starting at about 10:01:33 p.m., the Complainant was placed in the back of the SO’s cruiser, his hands handcuffed behind the back. He appeared to have sustained a facial injury, including an abrasion over the nasal bridge with a thin line of blood extending across the left cheek beneath the orbital region. Blood was also present in his moustache.

Starting at about 10:08:02 p.m., the SO told the Complainant that he was arrested for public intoxication, resisting arrest, and assault on a peace officer. The Complainant talked over the SO, “Where’s your proof?” The SO asked if he understood his rights and the Complainant said that he did not.

At 10:08:42 p.m., the SO re-read the Complainant his rights. The Complainant interrupted him and said, “I didn’t assault nobody. Like, I’m the one with my face all busted up.”

At 10:09:36 p.m., the SO told the Complainant what he was charged with and that he

was not obligated to say anything. The SO said, “All this is saying is anything that you say can be used against you.” The Complainant said, “Okay.”

At 10:45:49 p.m., the SO and the Complainant 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 February 3, 2026, and May 15, 2026:

• Occurrence Details Reports
• Communications recordings
• Computer-aided Dispatch Report
• Notes – the SO, WO #1, WO #2 and WO #3
• BWC footage – Officer #1, the SO, WO #1 and Officer #2
• BWC Audit Trail Reports – the SO and WO #1
• ICC footage – the SO and WO #1
• Custody footage
• OPP BWC Protocol
• Prisoner Custody Log – the Complainant
• Fingerprinting records – December 9, 2025 – the Complainant

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between January 23, 2026, and February 20, 2026:

• LECA - Complaint Form / SIU Notification
• LACGH medical records – the Complainant
• Photographs of LACGH medical records – the Complainant
• Photographs of injuries from the CW

The evidence collected by the SIU, including interviews with the Complainant and the SO, and video footage that captured the incident in part, gives rise to the following scenario.

In the evening of November 12, 2025, the SO and his partner, WO #1, were dispatched to a residence in Amherstview. The residents of the address – Witness #1 and Witness #2 – had called police to alert them to the fact that their family member was inebriated and not welcome in their home. They had learned that the Complainant was making his way to their home to spend the night after he and his partner had broken up.

The officers arrived on scene and spoke to Witness #1 and Witness #2, who expressed concerns about their personal safety given the Complainant’s intoxication. The Complainant had previously arrived at the address but left for a nearby park – Dinosaur Park – when he learned he would not be allowed into his family members’ home. Concerned with his wellbeing in his current state, the SO and WO #1 decided to search for the Complainant and arrest him for public intoxication in order to take him into custody.

Shortly before 10:00 p.m., the officers located the Complainant at the northern end of Dinosaur Park by Harvard Place. They took a hold of the Complainant, told him he was under arrest and attempted to handcuff him. The Complainant objected to his arrest and began to resist. The SO reacted by forcing the Complainant to the ground. There, the officers struggled to position the Complainant’s arms behind the back. He resisted their efforts and, in so doing, hit the SO and WO #1 with his arms and legs. The SO delivered several strikes to the Complainant’s face. Eventually, the officers wrestled control of the Complainant’s arms and secured them in handcuffs.

Days after his arrest, the Complainant attended hospital and was diagnosed with a broken nose and a possibly fractured hyoid bone.

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 31, Liquor Licence and Control Act - Intoxication

31 (1) No person shall be in an intoxicated condition in,

(a) a place to which the general public is invited or permitted access; or

(b) any part of a residence that is used in common by persons occupying

more than one dwelling in the residence.

(2) A police officer or conservation officer may arrest without warrant any person who is contravening subsection (1) if, in the opinion of the officer, it is necessary to do so for the safety of any person.

The Complainant was seriously injured in the course of his arrest by OPP officers in Amherstview on November 12, 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 injuries.

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 their disposal that the Complainant was intoxicated by alcohol and improperly dressed for the weather with nowhere to spend the night, I am satisfied the SO and WO #1 were within their rights in moving to arrest him under sections 31(1) and (2) of the Liquor Licence and Control Act, 2019.

I am also satisfied that the force used by the officers to effect the Complainant’s arrest was lawful. The takedown executed by the SO made sense. The Complainant had physically resisted the officers’ efforts to take him into custody. Forcing him to the ground would better position the officers to overcome the Complainant’s struggle. In fact, the Complainant did continue to struggle on the ground, refusing to submit to arrest and flailing his arms and legs. In the circumstances, I am unable to reasonably conclude that the strikes to the Complainant’s face by the SO constituted excessive force, particularly as the Complainant continued to resist for a period after the strikes were delivered.

In the result, while I accept that the Complainant’s injuries were incurred in the altercation that marked his arrest, there are no reasonable grounds to believe that they are 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 22, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit