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 60-year-old man (the “Complainant”).

Notification of the SIU[1]

On April 9, 2026, at 8:27 a.m., the Ontario Provincial Police (OPP) contacted the SIU with the following information.

On April 8, 2026, at 8:55 p.m., officers were called to an address in Penetanguishene after a call from the Civilian Witness (CW) reporting that the Complainant had attended her residence in contravention of a court order. An intoxicated Complainant had damaged property in the home with a baseball bat before assaulting a relative of the CW. The Complainant had fled the residence by the time officers arrived but was later located at his home a short distance away. Attempts to have the Complainant exit the residence failed and a Feeney warrant[2] was sought to enter the premises and facilitate the arrest. At 11:40 p.m., officers entered the home and were confronted by the Complainant, who stood up, assumed a fighting stance, clenched his fists and attempted to strike the Subject Official (SO). The SO delivered an open hand strike to the Complainant’s nose, which caused extensive bleeding. The Complainant was handcuffed with the assistance of Witness Official (WO) #1 and WO #2, and transported to the Georgian Bay General Hospital (GBGH) in Midland, where he was diagnosed with a fractured nose.

The Team

Date and time team dispatched: 2026/04/09 at 3:00 p.m.

Date and time SIU arrived on scene: 2026/04/10 at 9:45 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”)

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

The Complainant was interviewed on April 17, 2026.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on April 17, 2026.

Subject Official (WO)

SO Interviewed; notes received and reviewed

The subject official was interviewed on June 4, 2026.

Witness Officials (WO)

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 between May 5 and 15, 2026.

The Scene

The events in question transpired in and around the living room of a residence in Penetanguishene.

Video/Audio/Photographic Evidence[3]

Body-worn Camera (BWC) Footage - The SO

On April 8, 2026, starting at about 9:09:52 p.m., the SO walked towards a residence. There were lights on inside and a dog barking in the yard. The Complainant came to the front door of the residence. He and the police officers talked about bringing the dog inside the residence. A male police officer told the Complainant to keep his dogs on a chain. The Complainant responded, “Fuck you, you were on my property, you mother fucker.” A male police officer asked the Complainant if they could talk to him. The residence door was open. The Complainant closed the door while standing on the deck and spoke to the officers. A police officer told the Complainant that there were grounds for his arrest for mischief. A police officer said, “Basically how it’s going to work, you can either come with us tonight and we can deal with the charges, or we can sit here, and we can write a warrant for your house.” The Complainant asked, “What?” A police officer said, “I said either you come with us cooperatively to deal with the charges, or we can sit here and write a warrant and come and arrest you.” The Complainant replied, “Go sign your fucking warrant and bring it back here on my doorstep you mother fuck, I’m going to tell you something, fuck you, you liberal mother fucker, go fuck yourself, every one of you.” The Complainant turned and walked towards the residence door. A police officer said, “Alright I’ll go type the Feeney.”

Starting at about 11:37:44 p.m., several police officers were present in the vicinity of the residence. Dogs could be heard barking within the residence. A police officer advised that the Complainant was passed out on the floor. The police officers walked to the residence door and knocked on it and a side window. The Complainant was captured lying on his side in front of a couch. There was more knocking on the windows and door by the police officers.

Starting at about 11:39:24 p.m., a police officer tried the residence door and announced that it was open, after which the officers walked inside. The police officers called out to the Complainant but there was no response. A police officer said, “[Complainant’s first name], get up, you’re under arrest.” The Complainant raised his head from the floor and got up to his feet. He faced the officers and asked, “What the fuck are you doing in my fucking house?” A police officer said, “We have a warrant.” The Complainant was told to turn around. He raised his left hand, and a police officer pushed him. A police officer told the Complainant to turn around and that he was under arrest. The Complainant staggered back and fell onto a recliner. The Complainant stood up from the chair. A police officer ordered him to turn around because he was under arrest. The Complainant said, “Why, turn your light out of my fucking face you fuck.” A police officer said, “Turn around, you’re under arrest.” The Complainant asked why. A police officer said, “Mischief and a bunch of other charges, turn around put your hands behind your back now.” The Complainant raised his hands in fists straight out and walked towards the SO. The SO pushed the Complainant back. A hand wearing a black glove appeared on the Complainant’s neck and he moved backward towards the recliner chair. A police officer said, “Put your hands behind your back.” Blood was seen on the floor.

Starting at about 11:44:39 p.m., the Complainant was stood up. He had blood on his face.

Starting at about 11:45:35 p.m., the Complainant was escorted out of the residence.

Starting at about 11:46:30 p.m., a dispatcher advised that paramedics were delayed 20 to 30 minutes. A police officer indicated that they would transport the Complainant to the hospital.

BWC Footage - WO #3

On April 8, 2026, starting at about 11:37:45 p.m., WO #3’s camera captured activity inside a residence through a window.

Starting at about 11:40:13 p.m., a police officer said, “[Complainant’s first name].” There were four male police officers at the residence along with WO #3. A police officer moved a coffee table from in front of the couch. The Complainant was lying on the floor on his left side. A police officer said, “[Complainant’s first name], get up, you’re under arrest.” The Complainant woke up and lifted himself onto his knees. The Complainant subsequently stood up and asked, “What the fuck are you doing in my fucking house?” A police officer explained that they had a warrant for his arrest. The Complainant asked, “For what?” A police officer told the Complainant to turn around. The Complainant staggered backward and fell onto a chair. The Complainant stood up again with his hands clenched and yelling profanities. A police officer told the Complainant to turn around and that he was under arrest. The Complainant walked forward with his hands raised in fists. The SO pushed the Complainant backward and he fell over a recliner. The SO fell on top of the Complainant and the two appeared to briefly grapple with one another. The SO delivered two right-handed strikes towards the Complainant.

Starting at about 11:41:30 p.m., WO #3 went into the residence. The Complainant was on the floor with the male police officers. A police officer said, “Don’t assault the police, that’s what happens to you.”

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the OPP between April 9, 2026, and June 4, 2026:

• Computer-assisted Dispatch Report
• General Occurrence Report
• Arrest Report
• Warrant to Enter Dwelling House
• BWC footage
• In-car camera footage
• Notes – WO #1, WO #2, WO #3, WO #4 and the SO

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from the GBGH on April 26, 2026.

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

In the evening of April 8, 2026, the SO and additional officers with the OPP Southern Georgian Bay Detachment were dispatched to an address in Penetanguishene. The resident – the CW – had called police to report that the Complainant had attended at her residence and caused damage to property. The officers arrived to find the Complainant no longer there. They spoke to the CW and then made their way a short distance to the Complainant’s home.

The Complainant was highly intoxicated. He answered the door to the officers and stepped out onto his front porch. Told that the officers intended to arrest him and asked to surrender to police, the Complainant refused. He demanded the officers obtain a warrant.

The SO and WO #4 travelled to the detachment, prepared a Feeney warrant, and obtained judicial authorization to enter into the Complainant’s residence to arrest him. They returned to the Complainant’s address but were unable to have him come to the door. Through a front window, the officers could see that the Complainant was asleep between a sofa and coffee table in the living room.

Finding the door unlocked, the officers entered the residence. The SO roused the Complainant, who quickly got to his feet. The Complainant was told that the officers had a warrant and that he was under arrest for mischief and other offences. Again, he refused to surrender and asked what he had done. The Complainant was belligerent, raised his fists in the direction of the SO and walked towards the officer. The SO placed his hands in the area of the Complainant’s neck and pushed him backward and down onto a recliner behind him. The two grappled momentarily and the SO punched the Complainant twice in the face. The other officers in the room – WO #4, WO #2 and WO #1 – joined in the fray. The Complainant was pulled to the floor and handcuffed behind the back.

The Complainant was transported to hospital after his arrest and 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 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 seriously injured in the course of his arrest by OPP officers on April 8, 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 behaved violently at the CW’s residence and caused damage to property, the officers were within their rights in deciding to arrest him for mischief contrary to section 430(1) of the Criminal Code. They were also authorized to enter the Complainant’s residence without his consent in order to effect his arrest based on the Feeney warrant they had obtained.

As for the force used by the SO, I am satisfied it was no more than was reasonably necessary to take the Complainant into custody. The Complainant was highly intoxicated and belligerent. When he approached the SO in an aggressive manner, his fists clenched and raised in the air, the officer was entitled to defend himself and did so in a measured manner by pushing him backward. It is true that he momentarily placed his hands on the Complainant’s neck to do so, but the video footage suggests that the contact was not in the nature of a choke. Thereafter, the video footage indicates that the Complainant grabbed onto the SO’s vest as the two fell onto a recliner. It was during that tussle that the officer punched him twice in the face. These were short punches delivered at far less than full strength. In my view, the force used here was a reasonable tactic to overcome the Complainant’s resistance.

In the result, while I accept that one or both of the SO’s punches broke the Complainant’s nose, there are no reasonable grounds to believe the injury is attributable 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: July 23, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit