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 41-year-old man (the “Complainant”).

Notification of the SIU[1]

On February 15, 2026, at 2:24 p.m. (EST),[2] the Ontario Provincial Police (OPP) contacted the SIU with the following information.

On February 14, 2026, at 3:00 a.m., OPP received a call about an intoxicated man, the Complainant, refusing to leave a residence in Kenora. Officers arrived at 3:04 a.m. and arrested the Complainant for public intoxication and breach of the peace. He was transported to the OPP Kenora Detachment. At 4:20 a.m., during a search of the Complainant, he became belligerent and verbally abusive. Officers grounded the Complainant and subsequently lodged him in a cell. At about 6:29 a.m., the Complainant complained of pain and Emergency Medical Services (EMS) were called. The Complainant was released unconditionally upon the arrival of paramedics, who transported him to the Lake of the Woods District Hospital (LWDH). On February 15, 2026, at 11:19 a.m., officers contacted the Complainant, who advised he had suffered a broken nose.

The Team

Date and time team dispatched: 2026/02/15 at 6:29 p.m.[3]

Date and time SIU arrived on scene: 2026/02/17 at 3:23 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”)

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

The Complainant was interviewed on February 24, 2026.

Subject Official

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

Witness Officials

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

WO #4 Interviewed; notes received and reviewed

The witness officials were interviewed on February 24, 2026.

The Scene

The events in question transpired in the booking area of the Kenora OPP Detachment, 20B Anderson Road, Kenora.

Video/Audio/Photographic Evidence[4]

OPP Body-worn Camera (BWC) Footage – WO #2[5]

On February 14, 2026, starting at about 4:05:31 a.m., WO #2 is being invited into a residence by an unknown female. She reports that a man inside will not leave. As WO #2 approaches the front door, WO #4 is already inside the residence.

Starting at about 4:05:46 a.m., WO #2 enters. WO #4 is speaking to the Complainant, who is seated in the residence. The SO enters. The Complainant is stood up and arrested, his hands handcuffed behind the back.

Starting at about 4:06:21 a.m., officers leave the residence with the Complainant.

Starting at about 4:06:33 a.m., WO #2 remains in the residence and speaks to two female residents, after which he departs.

Starting at about 4:07:17 a.m., WO #4 and the SO are searching the Complainant.

Starting at about 4:07:38 a.m., the Complainant is placed in the rear of a marked OPP cruiser without incident.

Starting at about 4:17:39 a.m., WO #2 is in the booking area of the Kenora OPP detachment. WO #1 is present.

Starting at about 4:17:52 a.m., WO #4 enters the booking area with the Complainant. The SO also enters.

Starting at about 4:18:09 a.m., the Complainant is seated on the bench. WO #4, to his left, is starting to search him as the SO is standing in front of the Complainant. The Complainant tells the officers to “fuck off”. He yells as they try to take his property. WO #4 tells him to “just chill”.

Starting at about 4:19:57 a.m., as officers continue to search the Complainant, he says, “Fuck you, you bunch of pussies, what are you going to do, beat me up.” The Complainant is directing his comments to the SO.

Starting at about 4:20:26 a.m., the Complainant is stood up to complete the search and remove his handcuffs. The SO is removing the handcuffs, WO #4 is to the left of the Complainant and WO #3 is to the right.

Starting at about 4:21:23 a.m., as officers are attempting to remove the Complainant’s sweatshirt, the Complainant appears to close his right hand in the direction of WO #3. The SO takes physical control of the Complainant in a headlock, brings him to the ground and delivers a left-handed strike in the direction of the Complainant’s upper body.

Starting at about 4:21:54 a.m., the SO gains control of the Complainant’s left arm. Officers remove the sweatshirt as the Complainant continues to yell.

Starting at about 4:24:42 a.m., the Complainant has blood coming from his face while he is on the floor.

Starting at about 4:25:04 a.m., the officers bring the Complainant to his feet. WO #4 and the SO place the Complainant into a cell. The Complainant screams from the cell as the officers leave the cell area.

In-car Camera (ICC) Footage - WO #4[6]

On February 14, 2026, starting at about 4:08:43 a.m., the Complainant is seated in the rear of a police vehicle on the driver side.

Starting at about 4:09:25 a.m., the Complainant is having a conversation with the driver, WO #4. The Complainant rambles and sounds intoxicated. He cries and slurs his words.

Starting at about 4:16:23 a.m., WO #4 arrives at the Kenora OPP Detachment.

OPP Custody Footage[7] - Sally Port

On February 14, 2026, starting at about 4:14:59 a.m., WO #3 is standing in the sally port waiting.

Starting at about 4:16:27 a.m., a marked OPP cruiser pulls into the sally port. WO #4 exits the cruiser as WO #3 closes the sally port door.

Starting at about 4:17:15 a.m., the SO joins WO #4 and WO #3 in the sally port.

Starting at about 4:17:38 a.m., the Complainant exits the back driver side seat, and they walk through the hallway and into the booking area.

Starting at about 7:38:40 a.m., an officer is waiting in the sally port for an ambulance to arrive. The ambulance is subsequently captured arriving.

OPP Custody Footage[8] - Booking Area

On February 14, 2026, starting at about 4:16:48 a.m., WO #1 enters the booking room from the hallway.

Starting at about 4:17:53 a.m., WO #4, WO #3 and the SO enter the cell booking area with the Complainant. The Complainant is sat next to the booking table on a bench. WO #2 is also now in the booking area.

Starting at about 4:18:54 a.m., WO #1 is conducting the booking, and the others are collecting the Complainant’s shoes and property.

Starting at about 4:20:26 a.m., the Complainant is brought to his feet. He is leaned up against the door and the SO begins to remove the handcuffs, which are behind the Complainant’s back.

Starting at about 4:20:41 a.m., the Complainant is standing against a wall. WO #4 is on his left side, the SO is behind him and WO #3 is on his right. WO #2 is standing behind the group and WO #1 is at the booking counter away from the group.

Starting at about 4:21:20 a.m., the handcuffs have been removed and WO #3 begins to raise the Complainant’s right arm to remove his sweatshirt.

Starting at about 4:21:23 a.m., the officers appear to struggle with the Complainant. The SO grabs him in a headlock with his right arm and pulls him to the ground along with the other officers. WO #2 joins the struggle on the ground.

Starting at about 4:21:28 a.m., as WO #4, the SO and WO #3 are struggling with the Complainant, the SO moves his left arm towards the Complainant. It is unclear if the movement is a punch or if he is trying to regain his balance.

Starting at about 4:21:54 a.m., officers have the Complainant under control. Four more officers come into the booking area as the search of the Complainant continues. There are now nine officers in the booking area.

Starting at about 4:25:05 a.m., the Complainant is brought to his feet by WO #4.

Starting at about 4:25:13 a.m., the Complainant is escorted out of the booking area towards the cell area. The Complainant is bleeding from his face, and blood can be seen on the floor where he had been on the ground.

Starting at about 4:46:23 a.m., a civilian guard is observed cleaning the blood off the floor in the booking area.

Starting at about 7:39:48 a.m., a sergeant escorts the Complainant back into the booking area. Paramedics attend and begin to assess the Complainant in the booking area as he is seated on the bench.

Starting at about 7:46:24 a.m., the Complainant leaves the booking area along with the officers and paramedics.

OPP Custody Footage[9] - OPP Cell

On February 14, 2026, starting at about 4:25:21 a.m., the Complainant enters a cell. He walks in and sits down on the bench and places his head in his hands. His left eye is swollen when he enters the cell. He sits on the bench, and talks to himself.

Starting at about 5:00:26 a.m., the Complainant lies down on the bench. He falls asleep.

Starting at about 6:59:19 a.m., the civilian guard is at the cell speaking to the Complainant.

Starting at about 7:00:19 a.m., the civilian guard places a blanket at the cell door.

Starting at about 7:26:47 a.m., the sergeant is at the cell speaking to the Complainant.

Starting at about 7:39:38 a.m., the Complainant walks out of the cell escorted by the sergeant.

OPP Communications Recordings[10]

On February 14, 2026, starting at about 3:52 a.m., a woman calls 911 requesting police assistance at a residence in Kenora to remove an unwanted male, the Complainant.

Starting at about 3:55 a.m., WO #2, the SO, and WO #4 are dispatched to attend. WO #4 requests a criminal record check on the Complainant

Dispatch advises that the Complainant is flagged for “violence” and “firearms”.

WO #4 radios that the Complainant is in custody for breach of the peace and is being transported to the detachment.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the OPP between February 14, 2026, and February 27, 2026:

• Computer-assisted Dispatch Report
• Arrest Reports
• Police communications recordings
• Booking and cell video footage
• BWC footage
• ICC footage
• Detainee Custody Report
• Notes - WO #1, WO #2, WO #3 and WO #4

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from LWDH on February 25, 2026.

The evidence collected by the SIU, including interviews with the Complainant and police witnesses, and video footage that captured the incident in part, gives rise to the following scenario. As was his legal right, the SO did not agree an interview with the SIU or the release of his notes.

In the early morning of February 14, 2026, OPP officers were dispatched to a residence in Kenora. A resident had called police to remove an intoxicated and unwelcome guest – the Complainant – who was refusing to leave.

Officers arrived on scene and took a belligerent Complainant into custody to prevent a breach of the peace. He was placed in a cruiser and transported to the OPP Kenora Detachment.

The Complainant remained confrontational at the detachment. At one point, after he had been stood facing a wall to be searched, the Complainant turned to the right and started to close his right hand in the direction of one of the searching officers – WO #3. The officer standing behind the Complainant – the SO – reacted by wrapping an arm around his neck, forcing him to the floor and delivering a punch in the direction of his upper body. The Complainant, prone on the floor, did not readily release his arms at the officers’ direction and was met with several punches to the legs and torso by WO #4 and WO #3. The officers wrestled control of his arms after the strikes and handcuffed them behind the back.

The Complainant was subsequently transported to hospital when he complained of facial pain. He was 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 31(1), Criminal Code - Arrest for Breach of Peace

31 (1) Every peace officer who witnesses a breach of the peace and every one who lawfully assists the peace officer is justified in arresting any person whom he finds committing the breach of the peace or who, on reasonable grounds, he believes is about to join in or renew the breach of the peace.

The Complainant was seriously injured while in the custody of the OPP in Kenora on February 14, 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 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 Complainant was intoxicated and an unwanted guest at a home, refusing to leave and causing the residents concern for their wellbeing. On the arrival of officers, the Complainant comported himself in an aggressive manner. On this record, I am unable to reasonably conclude that the arresting officers were without a lawful basis in taking the Complainant into custody to prevent a breach of the peace under section 31 of the Criminal Code. Once in lawful custody, the officers were within their rights in controlling the Complainant’s movements in order to process him according to law. They were also entitled to search him further to their common law power of search incident to lawful arrest.

With respect to the force used by the officers at the detachment, the evidence does not reasonably establish it was more than was necessary. The takedown performed by the SO was a legitimate tactic. The Complainant had made what appeared to one of the officers to be a fist near the face of one of the searching officers – WO #3. In the context of the Complainant’s combativeness to that point, the officers had cause to interpret the gesture as a threat of assault. Taking the Complainant to the ground would deter an apprehended attack while positioning the officers to better deal with any continuing resistance by the Complainant. The subsequent strikes by the officers, occurring as they did while the Complainant continued to resist the officers’ efforts to control his arms behind the back, would not appear a disproportionate use of force in the circumstances.

In the result, while I accept that the Complainant’s broken nose was incurred in the altercation that marked his arrest, the likely result of the SO’s takedown and/or punch, there

are no reasonable grounds to believe it 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 27, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit