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 45-year-old man (the “Complainant”).

Notification of the SIU[1]

On February 20, 2026, at 10:10 a.m., the Cornwall Police Service (CPS) contacted the SIU with the following information.

On February 20, 2026, at 6:13 a.m., CPS officers executed a Controlled Drugs and Substances Act (CDSA) search warrant at a residence in the area of McConnell Avenue and Montreal Road, Cornwall. The Complainant, barricaded in a room in the residence, was struck by the door as officers made entry into the room. He was taken to the police station and later transported to Cornwall Community Hospital (CCH) for treatment of a hand injury. The Complainant self-discharged at hospital and was returned to CPS custody. At the police station, the Complainant complained of chest pains and was taken back to CCH. While at the hospital, the Complainant fled police and was pursued and located in a residence. He was taken back into custody and returned to CCH where he was diagnosed with a left hand fracture.

The Team

Date and time team dispatched: 2026/02/21 at 7:58 a.m.

Date and time SIU arrived on scene: 2026/02/21 at 9:01 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”)

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

The Complainant was interviewed on March 3, 2026.

Subject Official

SO Interviewed; notes received and reviewed

The subject official was interviewed on March 9, 2026.

The Scene

The events in question transpired in and around the main floor bathroom of a residence in the area of McConnell Avenue and Montreal Road, Cornwall.

Video/Audio/Photographic Evidence[2]

CPS Body-worn Camera (BWC) Footage – The SO[3]

On February 20, 2026, starting at 6:13 a.m., the SO was walking through a living room as another police officer engaged with a person seated on a couch to his right. The SO walked to the left of the room and faced a closed door. He kicked the door and then moved closer to it. The door opened into a darkened bathroom, which the SO illuminated with a flashlight. The officer stood at the threshold of the bathroom as the Complainant appeared to his left. The Complainant had his left hand raised to head height with his open palm facing the SO. He went down on the floor on his stomach with his arms bent at the elbows and under his torso. The Complainant subsequently moved his right arm with palm facing the floor and extended it above his head. After conversation with the Complainant, the SO left the room.

CPS Communications Recordings & Computer-aided Dispatch (CAD) Report

On February 20, 2026, starting at 6:07 a.m., Cornwall Emergency Response Team officers were en route to a residence in the area of McConnell Avenue and Montreal Road to execute a search warrant.

Starting at 6:13 a.m., entry to the residence commenced.

Starting at 6:27 a.m., the residence was searched and seven people were in custody.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the CPS between February 20, 2026, and March 4, 2026:

• Names and roles of involved police officers
• Arrest Report
• CDSA Warrant to Search
• Incident Plan
• BWC footage
• Police communications recordings
• CAD Report
• Notes – the SO
• CPS policies – Arrest; Search of Premises; Use of Force

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from CCH on March 10, 2026.

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

In the morning of February 20, 2026, members of the CPS Emergency Response Team convened at a house situated in the area of McConnell Avenue and Montreal Road, Cornwall. Acting under the authority of a CDSA search warrant, the team entered the house to search for cocaine and fentanyl.

The Complainant was present at the time and alerted to the officers’ presence outside the home. He entered the main floor bathroom and attempted to conceal himself behind a sink. He was quickly located by an officer and placed on the floor in a prone position.

The SO, the team leader, had forced his way into the bathroom and located the Complainant. Having positioned the Complainant on the floor, the officer dropped his left knee intending to lower himself by his side but inadvertently landed on the Complainant’s back. The impact fractured the Complainant’s left hand, which was underneath his chest at the time.

The Complainant was taken into custody and transported to the police station. He was seen at hospital later in the day and diagnosed with his injury.

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.

The Complainant was seriously injured in the course of his interaction with CPS officers on February 20, 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.

I am satisfied that the SO was within his rights in detaining the Complainant when he discovered him in the bathroom. The officers were lawfully placed inside the residence to search for drugs and drug paraphernalia further to a warrant. The Complainant was in the residence named in the warrant and had taken steps to conceal himself upon the arrival of officers. On this record, the SO had a reasonable suspicion that the Complainant was implicated in unlawful drug activity and represented a safety risk, justifying an investigative detention: R v Mann, [2004] 3 SCR 59.

I am also satisfied that the force used in the Complainant’s detention was lawful. The takedown was accomplished with minimal force and made sense. The officer was entitled to deal with a legitimate safety issue by placing the Complainant on the floor where he could be more easily controlled. The only other force exerted on the Complainant was the SO’s knee to the back. The evidence, however, points to that force being unintentional, a regrettable but understandable accident by an officer operating in tight quarters in a dynamic situation.

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

Date: June 3, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit