SIU Director’s Report - Case # 26-OCI-168
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Contents:
Mandate of the SIU
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.
Information Restrictions
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.
Mandate Engaged
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 35-year-old woman (the “Complainant”).
The Investigation
Notification of the SIU[1]
On February 16, 2026, at 10:00 a.m., the Complainant contacted the SIU with the following information.
On November 16, 2025, at about 1:00 p.m., the Complainant contacted the Waterloo Regional Police Service (WRPS) to request crisis intervention because of ongoing mental health issues and panic attacks she was experiencing. A short time later, police forced entry into her residence in the area of Homer Watson Boulevard and Block Line Road, Kitchener, and drew a Conducted Energy Weapon (CEW). She was thrown to the floor by officers, where she believed she struck her face. The Complainant admitted that her recollection of the incident was unclear but she remembered having her arms pulled behind her back and being handcuffed. Emergency Medical Services (EMS) arrived and sedated her at the direction of police. The Complainant was subsequently transported to the Waterloo Regional Health Network (WRHN), where she believed she was admitted under the Mental Health Act (MHA) for further assessment. She was released from hospital approximately 24 hours later and returned home. Shortly after arriving home, she contacted EMS and returned to hospital to be assessed for possible injuries. At that time, she underwent a computed tomography scan and was advised that she likely had a fractured nose and a concussion.
On April 2, 2026, the Complainant provided the SIU medical records confirming a diagnosis of a non-displaced nasal fracture.
On April 8, 2026, the WRPS was contacted by SIU and confirmed that officers had responded to the Complainant’s residence on November 16, 2025, following a request to attend for a person in crisis. While en route to the call, officers received information that the Complainant was cutting her wrists. As a result, officers immediately breached the door to her residence. Officers observed superficial wounds on the Complainant’s wrists and attempted to apprehend her under the provisions of the MHA. The Complainant spat on one of the officers, and a brief struggle ensued. She was observed banging her head on the floor. After being sedated, the Complainant was transported to hospital by EMS. Although there was some information suggesting that the Complainant might have sustained a fractured nose, the injury was not confirmed at the time. As a result, the SIU was not notified.
The Team
Date and time team dispatched: 2026/04/09 at 9:27 a.m.
Date and time SIU arrived on scene: 2026/04/09 at 1:40 p.m.
Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 0
Affected Person (aka “Complainant”)
35-year-old female; interviewed; medical records obtained and reviewed
The Complainant was interviewed on April 15, 2026.
Subject Official (SO)
SO Interviewed; notes received and reviewed
The subject official was interviewed on May 19, 2026.
Witness Official (WO)
WO Interviewed; notes received and reviewed
The witness official was interviewed on May 19, 2026.
Evidence
The Scene
The events in question transpired in a hallway of an apartment in the area of Homer Watson Boulevard and Block Line Road, Kitchener.
Video/Audio/Photographic Evidence[2]
WRPS Communications Recordings – 911
The Complainant called 911 on 13 occasions on November 16, 2025, and 911 operators returned her calls a further ten times. During the calls, the Complainant yelled at call-takers, demanded that police attend her residence, and complained about child custody issues involving a former partner. She threatened to kill herself if police and EMS did not attend. In another call, the Complainant advised the 911 call-taker that she had cut her wrists and that blood was on the floor. She requested an ambulance immediately.
WRPS Communications Recordings – Radio
At 2:06 p.m., November 16, 2025, the SO and the WO were dispatched to the Complainant’s apartment. The officers were advised that a 911 call-taker had received a call from a friend of the Complainant, who reported receiving a photograph depicting the Complainant engaging in self-harm.
At 2:19 p.m., the WO advised via police radio that officers had forced entry into the apartment.
At 2:24 p.m., the SO reported that the Complainant had injured herself by striking her face against the floor.
Body-worn Camera (BWC) Footage
At 2:18 p.m., November 16, 2025, the SO attempted to open the Complainant’s apartment door, which was locked. The SO kicked the door open, and the officers entered the apartment. The Complainant was located sitting on the floor of a bedroom. The officers took hold of her wrists and assisted her to her feet. The Complainant resisted and attempted to pull away; however, the officers were able to handcuff her hands behind her back without incident. The Complainant requested her shoes, shouted profanities at the officers, and complained of wrist pain. The officers advised her that EMS were present to assess her injuries.
At 2:21 p.m., the Complainant resisted while being escorted through the hallway and spat in the WO’s face. The WO pulled the Complainant’s head back and calmly stated, “You do not get to do that.” The SO and the WO then took the Complainant to the ground in a controlled manner. While lying prone on the tiled floor, the Complainant forcefully struck her head against the floor a half-dozen times or so. The SO took control of her head to prevent further injury, while the WO controlled her legs. The Complainant was rolled onto her left side. A wound was visible on the bridge of her nose, and blood was observed on her face and on the tiled floor where she had struck her face. The officers attempted to calm her.
At 2:26 p.m., EMS entered the apartment and assessed the Complainant’s injury.
At 2:42 p.m., the Complainant was escorted from the apartment by EMS personnel.
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the WRPS between May 5, 2026, and May 19, 2026:
- List of involved officers
- Police communications recordings
- Computer-aided Dispatch Report
- BWC footage – the SO and the WO
- General Occurrence and Arrest Report
- Notes – the SO and the WO
- WRPS policies – Arrest; Use of Force; Mental Health Response
Materials Obtained from Other Sources
The SIU obtained the Complainant’s medical records from WRHN on May 1, 2026.
Incident Narrative
The material events in question are clear on the evidence collected by the SIU and may briefly be summarized.
On November 16, 2025, the SO and the WO were dispatched to an apartment in the area of Homer Watson Boulevard and Block Line Road, Kitchener, following calls to police from the resident, the Complainant. The Complainant threatened to kill herself if police did not attend her residence and indicated that she had cut her wrists. The officers arrived at the address at about 2:18 p.m., where they were joined by paramedics. The first responders made their way to the apartment door. Finding it locked, the SO kicked it open.
The Complainant was in her bedroom at the time. She was highly agitated and belligerent with the officers. A cut was visible on her left wrist. The officers handcuffed the Complainant behind the back and were escorting her down a hallway in the apartment when the WO briefly pinned her against a wall as the Complainant’s hostility escalated. The Complainant turned and spat on the WO, and was taken to the floor by the officers in a prone position. The Complainant screamed at the officers to kill her and banged her face on the floor about a half-dozen times, fracturing her nose in the process. The SO took hold of the Complainant’s head to prevent her hurting herself.
The Complainant was seen at hospital after her arrest and ultimately diagnosed with a broken nose.
Relevant Legislation
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 17, Mental Health Act - Action by Police Officer
17 Where a police officer has reasonable and probable grounds to believe that a person is acting or has acted in a disorderly manner and has reasonable cause to believe that the person,
(a) has threatened or attempted or is threatening or attempting to cause bodily harm to himself or herself;
(b) has behaved or is behaving violently towards another person or has caused or is causing another person to fear bodily harm from him or her; or
(c) has shown or is showing a lack of competence to care for himself or herself,
and in addition the police officer is of the opinion that the person is apparently suffering from mental disorder of a nature or quality that likely will result in,
(d) serious bodily harm to the person;
(e) serious bodily harm to another person; or
(f) serious physical impairment of the person,
and that it would be dangerous to proceed under section 16, the police officer may take the person in custody to an appropriate place for examination by a physician.
Analysis and Director’s Decision
The Complainant was seriously injured while in the custody of WRPS officers on November 16, 2025. The SIU was notified of the incident and initiated an investigation, identifying the SO as 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.
With information at their disposal that the Complainant was in mental health crisis and hurting herself, I am satisfied that the SO and the WO were within their rights in forcibly entering her apartment to apprehend her under section 17 of the MHA. Once in their lawful custody, the officers were entitled to exercise control of her movements to ensure her safety and theirs.
I am further satisfied that the officers used only lawful force against the Complainant. The arrest in the bedroom was without incident notwithstanding the Complainant’s heightened state. Thereafter, the only other force used consisted of the WO briefly pinning the Complainant against a wall and the officers taking her to the floor.
Both maneuvers, neither of which caused injury, were performed with minimal force and necessitated by the Complainant’s aggressive behaviour, including spitting at the WO.
For the foregoing reasons, there is no basis for criminal charges in this case. The file is closed.
Date: June 12, 2026
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
Endnotes
- 1) Unless otherwise specified, the information in this section reflects the information received by the SIU at the time of notification and does not necessarily reflect the SIU’s finding of facts following its investigation. [Back to text]
- 2) The following records contain sensitive personal information and are not being released pursuant to section 34(2) of the Special Investigations Unit Act, 2019. The material portions of the records are summarized below. [Back to text]
Note:
The signed English original report is authoritative, and any discrepancy between that report and the French and English online versions should be resolved in favour of the original English report.