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 69-year-old man (the Complainant).

Notification of the SIU[1]

On March 4, 2026, at 11:19 p.m., the Ontario Provincial Police (OPP) contacted the SIU with the following information.

On March 4, 2026, at 2:25 p.m., the Complainant was arrested for an assault causing bodily harm investigation in relation to an incident at the City Hall Chambers on February 17, 2026. On March 4, 2026, at 5:23 p.m., the Complainant was in the process of being released from the OPP Huron County Detachment on an undertaking when he became upset about a release condition, namely, that he not attend the City Hall Chambers. As OPP officers attempted to escort the Complainant back to the cells, he became combative, and a physical altercation occurred between him and officers. At 6:52 p.m., while in a cell, he complained of pain in the lower left back. Emergency Medical Services (EMS) were called at 7:06 p.m. The Complainant was transported to the Clinton Public Hospital (CPH) where X-rays confirmed two fractured ribs.

The Team

Date and time team dispatched: 2026/03/05 at 9:34 a.m.

Date and time SIU arrived on scene: 2026/03/05 at 9:45 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on March 5, 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

WO #5 Interviewed; notes received and reviewed

WO #6 Not interviewed; notes reviewed, and interview deemed not necessary

WO #7 Not interviewed; notes reviewed, and interview deemed unnecessary

WO #8 Not interviewed; notes reviewed, and interview deemed unnecessary

WO #9 Not interviewed; notes reviewed, and interview deemed unnecessary

WO #10 Not interviewed; notes reviewed, and interview deemed unnecessary

WO #11 Not interviewed; notes reviewed, and interview deemed unnecessary

The witness officials were interviewed between April 2, 2026, and April 17, 2026.

Service Employee Witness

SEW Interviewed; notes received and reviewed

The service employee witness was interviewed on April 17, 2026.

The Scene

The events in question transpired in and around the booking area of the OPP Huron County Detachment, 325 Albert Street, Clinton.

Video/Audio/Photographic Evidence[2]

OPP Communications Recordings

On March 4, 2026, at 5:21 p.m., the SO requested assistance in the cell area of the OPP Huron County Detachment.

Body-worn Camera (BWC) Footage – The SO, WO #5, WO #11, Officer #1, Officer # 2, Officer #3, WO #10 and WO #1

On March 4, 2026, at 5:20 p.m., the SO outlined the conditions of the Complainant’s release. The Complainant protested a condition prohibiting him from attending a specific address, prompting the SO to offer to amend it. Tensions escalated as the Complainant refused to accompany the officer back to cells, resulting in a struggle. The SO directed the Complainant to place his hands behind his back, and the Complainant resisted. It was difficult to make out what was occurring due to the close proximity of the BWCs to persons involved in the incident. The SO requested assistance via radio. After a brief struggle, the Complainant was taken to the ground. Following the arrival of additional officers, the Complainant was handcuffed. He continued to express frustration over the release condition.

OPP Booking / Cells Area Footage

At 5:18 p.m., March 4, 2026, the Complainant entered the cell area and was processed and advised of his release conditions. The SO, WO #5 and the SEW were present. The Complainant stood at the counter where release paperwork was visible.

At 5:23 p.m. the SO attempted to escort the Complainant towards a cell. The Complainant appeared to resist and was redirected to the counter where a struggle followed. The Complainant held onto the counter, and WO #5 returned to assist. The Complainant was pulled backward to the ground. His buttocks struck the floor, and he was turned onto his stomach. The SO placed his right knee on the Complainant’s lower back while officers attempted to gain control of his arms. The video did not show any strikes being delivered. WO #2 and WO #3 arrived and assisted. Additional officers entered the area, but the view was partially obstructed. About a minute later, the Complainant was seated upright and appeared to be handcuffed behind the back. He was subsequently assisted to his feet and escorted to a cell.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from OPP between March 17, 2026, and April 17, 2026:

• Occurrence and Arrest Report
• Police communications recordings
• Computer-assisted Dispatch (CAD) Report
• BWC footage – the SO, WO #5, WO #11, Officer #1, WO #6, Officer #2, Officer #4, WO #10 and WO #1
• In-car camera (ICC) footage (February 17, 2026)
• Video footage from City Hall Chambers, Town of Wingham (February 17, 2026)
• Custody footage
• Custody Report
• Notes – WO #5, WO #8, WO #11, WO #9, WO #7, WO #4, WO #3, WO #1, WO #10, SEW, Officer #1, Officer #2, Officer #3, WO #2 and WO #6
• OPP civilian witness statements
• OPP Use of Force Policy

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from CPH on April 18, 2026.

The evidence collected by the SIU, including interviews with the Complainant and police eyewitnesses, and video footage that largely captured the incident, 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 afternoon of March 4, 2026, the Complainant was in custody at the OPP Huron County Detachment. Earlier that day, he had been arrested in relation to an incident at the City Hall Chambers in Wingham on February 17, 2026. While being processed for release following a period in detention, the Complainant objected to a condition that would prohibit his presence at an address. The SO explained that an amendment could be made but indicated that the Complainant would have to be returned to cells for a period. The Complainant refused to accompany the officer to cells and a struggle followed in which he was forced to the floor. The Complainant was eventually handcuffed and returned to a cell.

Later that day, paramedics transported the Complainant to hospital where he was diagnosed with two left-sided rib fractures.

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 while in the custody of the OPP on March 4, 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 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.

The Complainant was in lawful police custody at the time of the events in question and the SO was within his rights in deciding he should be returned to cells while an amendment to his release conditions was prepared.

I am satisfied that the SO used lawful force when the Complainant did not to willingly return to his cell. The officer tried to direct him verbally and then grappled with him for a time as the Complainant refused to place his arms behind the back and then took hold of the edge of a desk counter and refused to let go. On this record, forcing the Complainant to the floor, with the help of another officer arriving to assist, seems a reasonable escalation of force. In that position, the officers could expect to better manage the Complainant’s resistance. Once on the floor in a prone position, the SO placed his right knee on the left side of the Complainant’s back, which was the likely cause of the rib fractures. In light of the Complainant’s struggle to that point, it made sense for the officer to apply pressure with his knee to ensure the Complainant remained pinned to the floor as officers worked to handcuff him behind the back. There is no indication in the video footage that the officer used his knee against the Complainant in a swinging motion, or that he intentionally dropped his knee onto the Complainant’s back with significant force.

In the result, while I accept that the Complainant’s ribs were fractured when the SO applied a knee to his back, there are no reasonable grounds to attribute the injuries to unlawful conduct on the part of the officer. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: June 30, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit