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 26-year-old woman (the “Complainant”).

Notification of the SIU[1]

On January 19, 2026, the Complainant contacted the SIU with the following information.

On January 3, 2026, the Complainant was involved in a disturbance and struck by a Timmins Police Service (TPS) officer, resulting in a concussion. During the struggle, an officer deployed a conducted energy weapon (CEW), after which the Complainant was taken into custody. The Complainant requested, but was denied, medical attention by the police.

On February 26, 2026, the Complainant provided the SIU medical records indicating that she had attended Timmins District Hospital (TDH) on January 3 and 4, 2026, but left on both occasions before being assessed by a physician. She attended TDH again on January 10, 2026, and was diagnosed with a concussion.

The SIU subsequently contacted the TPS, which advised that on January 3, 2026, at 8:26 a.m., TPS received a report of a domestic disturbance outside an address in the area of Ross Avenue East and Hemlock Street. The Subject Official (SO) responded and identified the Complainant and Civilian Witness (CW) #1 as the involved parties. The Complainant and CW #1 resisted when the officer attempted to arrest the Complainant. Both individuals were arrested, transported to TPS Headquarters and later released on undertakings.

The Team

Date and time team dispatched: 2026/02/26 at 10:20 a.m.

Date and time SIU arrived on scene: 2026/02/26 at 10:30 a.m.

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”)

26-year-old female; interviewed; medical records obtained and reviewed

The Complainant was interviewed on March 2, 2026.

Civilian Witnesses

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

CW #4 Interviewed

CW #5 Not interviewed; declined

The civilian witnesses were interviewed between March 5 and 9, 2026.

Subject Official

SO Interviewed; notes received and reviewed

The subject official was interviewed on June 10, 2026.

Witness Official / Officials

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Not interviewed; notes reviewed, and interview deemed unnecessary

WO #4 Not interviewed; notes reviewed, and interview deemed unnecessary

WO #5 Not interviewed; notes reviewed, and interview deemed unnecessary

The witness officials were interviewed on April 16, 2026.

The Scene

The events in question transpired on and around the roadway in front of a residence situated in the area of Ross Avenue East and Hemlock Street, Timmins.

Forensic Evidence

CEW Deployment Data – The SO

The SO deployed his CEW twice on January 3, 2026, at 8:50 a.m. In both instances, electricity was discharged for a duration of two seconds.

Video/Audio/Photographic Evidence[2]

TPS Communications Recordings

At approximately 8:44 a.m., January 3, 2026, TPS received a report of a male holding a female on the ground in the area of Ross Avenue East and Hemlock Street. The SO and WO #2 were dispatched.

At 8:48 a.m., the SO requested backup. A voice in the background could be heard saying, "Calm down.” The SO stated he had been assaulted and had two individuals in custody. WO #1 advised that he was arriving and, shortly after, that everything was in order.

TPS Custody Footage

The recordings captured events in the sally port area, the booking area, a corridor and a holding cell.

At 9:03 a.m., January 3, 2026, the Complainant was removed from a police cruiser in the sally port and escorted by three uniformed officers. She was searched using a hand-held screening wand and told that CW #1 had been arrested for assaulting police. The Complainant asked what charges she was facing and was informed that she was under arrest for assaulting police. During the booking process, she was asked whether she had any illnesses or serious injuries. The Complainant initially responded in the negative but then advised that she had been punched three times in the head and required medical attention. She reiterated that she had been punched in the head and required medical treatment. She was subsequently escorted from the booking area to the cell block.[3]

At 9:12 a.m., the Complainant was brought back to the booking area for a further search. She advised the female officer conducting the search that she was not feeling well and again requested medical attention. A male officer responded that medical assistance could be obtained and would be arranged. The Complainant also stated that her hair had been pulled out and that she had been subjected to a CEW deployment.

At 9:14 a.m., the Complainant was escorted back towards the holding cell. She stated, “I kicked him three times after he punched me three times first. I’m proud of it.”

Between 9:23 a.m. and 1:07 p.m., the Complainant repeatedly requested medical attention and complained of head pain, swelling, dizziness, and being punched in the head. A review of the recordings identified mutliple requests for medical assistance during her detention.

The Complainant was released from custody at 2:12 p.m.

Detention Log

A review of the Detention Log revealed routine visits by guards.

TPS Photographs – The SO

TPS provided photographs documenting injuries sustained by the SO. The photographs depicted bruising, swelling and facial injuries.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS between March 31, 2026, and April 14, 2026:

• General Occurrence Report
• Custody Record Log and Arrest Booking Report
• Police communications recordings
• Computer-aided Dispatch Report
• Custody footage
• Notes –the SO, WO #2, WO #4, WO #5, WO #3 and WO #1
• CEW deployment data – the SO
• Photographs of the SO
• TPS Use of Force Policy

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from TDH between February 26, 2026, and March 31, 2026.

The evidence collected by the SIU, including interviews with the Complainant, the SO and other civilian eyewitnesses, gives rise to the following scenario.

In the morning of January 3, 2026, the SO was dispatched to the area Ross Avenue East and Hemlock Street following a call to police about a domestic disturbance unfolding outside the residence. On his arrival, the officer observed a male – CW #1 – straddling the Complainant and holding her down on the roadway. Ordered to remove himself from the Complainant, CW #1 did so while explaining to the officer that she had damaged his property and assaulted him. The SO decided to arrest the Complainant for assault and mischief.

There followed a physical engagement between the three parties during which the SO punched the Complainant and tasered the Complainant and CW #1. The Complainant and CW #1 were handcuffed and taken into custody.

The Complainant attended hospital following her release and was diagnosed with a concussion.

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 266, Criminal Code – Assault

266 Every one who commits an assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term not exceeding five years; or

(b) an offence punishable on summary conviction.

Section 430, Criminal Code - Mischief

430(1) Every one commits mischief who wilfully

(a) destroys or damages property;

(b) renders property dangerous, useless, inoperative or ineffective;

(c) obstructs, interrupts or interferes with the lawful use, enjoyment or operation of property; or

(d) obstructs, interrupts or interferes with any person in the lawful use, enjoyment or operation of property.

The Complainant was diagnosed with a serious injury following her arrest by a TPS officer on January 3, 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.

With information to believe that the Complainant had assaulted CW #1 and damaged his property, the SO was within his rights in moving to arrest her for assault and mischief contrary to sections 266 and 430 of the Criminal Code, respectively. Once arrested, the officer was entitled to exercise control of the Complainant’s movements to ensure their safety.

The evidence does not reasonably establish that the SO used unlawful force in the Complainant’s arrest. It is alleged that the SO forced the Complainant’s head down to the ground and punched her twice as she was attempting to gather her belongings from the roadway after being released by CW #1. That evidence is contested by the SO. He acknowledges that he punched the Complainant twice to the left side of the head, but explains that he did so because she was swatting at him, attempting to pry his hands off her arm, and refusing to comply with directions that she desist. The blows were successful in getting her to the ground where he handcuffed her behind the back. Shortly after, it is common ground in the evidence that CW #1 attacked the SO, punching him in the face and knocking him to the ground. According to the officer, the Complainant joined in the attack, kicking him twice in the head. To protect himself, the SO says that he fired his CEW at the Complainant, and that she fell to the ground. In fact, the Complainant was captured on video at the police station indicating that she had, in fact, kicked the officer in the head. On this record, there being no reason to believe that the body of evidence suggesting excessive force is any likelier to be closer to the truth than the SO’s evidence (describing a tailored use of force commensurate with the officer’s lawful objectives at the time), and some reason to doubt the incriminating evidence, there is no basis to proceed with charges in this case.

In the result, whether or not the Complainant’s concussion occurred in the altercation that marked her arrest, there are no reasonable grounds to believe that the injury is attributable to unlawful conduct on the part of the SO.

Before closing the file, I note for the record what appears to be evidence of potential misconduct on the part of the Complainant’s custodians at the police station following her arrest. In possible violation of section 19 and 27 of the Police Code of Conduct, no arrangements appear to have been made for medical assistance despite the Complainant repeatedly asking for medical attention while in cells because her head hurt. I will be referring this matter to the police service for their review. Further to section 35.1 of the Special Investigations Unit Act, 2019, I will also be referring the matter to the Law Enforcement Complaints Agency.

Date: June 22, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit