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 33-year-old man (the “Complainant”).

Notification of the SIU[1]

On May 16, 2026, at 5:12 p.m., the Peel Regional Police (PRP) contacted the SIU with the following information.

On May 16, 2026, at approximately 9:21 a.m., PRP officers were investigating a man [now known to be the Complainant] in a suspected stolen auto in the parking lot of 3415 Dixie Road, Mississauga. Upon establishing that the vehicle was stolen, they went to arrest the Complainant behind the wheel. The Complainant resisted and had to be forcefully removed from the vehicle. The Complainant subsequently complained of pain to his left ribs and was taken to Trillium Health Partners - Mississauga General Hospital to be examined. At approximately 12:00 p.m., the Complainant was diagnosed with two fractured left ribs.

The Team

Date and time team dispatched: 2025/05/16 at 5:46 p.m.

Date and time SIU arrived on scene: 2025/05/16 at 7:20 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

Interviewed; medical records obtained and reviewed

The Complainant was interviewed on May 16, 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 Not interviewed; notes reviewed, and interview deemed unnecessary

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

The witness officials were interviewed between May 21, 2026, and June 1, 2026.

The Scene

The events in question transpired in and around a stationary vehicle in the parking lot of High Point Mall, 3415 Dixie Road, Mississauga.

Video/Audio/Photographic Evidence[2]

Body-worn Camera (BWC) Footage

On May 16, 2026, starting at about 9:19 a.m., WO #1 exited the passenger seat of his police vehicle and walked up to the driver’s door of a black sedan. The trunk and the driver’s door were open, and a shopping cart was on the ground in front of the open door. He said, “Out of the fucking car right now.” The male in the driver’s seat – the Complainant - said, “You don’t have to do this.” WO #1 tried to control the Complainant’s hands as the Complainant held onto the steering wheel. WO #2 approached from behind WO #1. WO #1 requested that additional units assist. The Complainant stated, “This is my girlfriend’s car, I’m sleeping in it.” WO #1 repeatedly told the Complainant to put his arms behind the back and was able to pull the Complainant out of the vehicle. Once outside the vehicle, the Complainant grabbed onto the driver’s door window frame. WO #2 was on the Complainant’s right side and WO #1 was on the Complainant’s left side as they attempted to control the Complainant’s arms. There was a struggle and the Complainant was taken to ground.

Starting at about 9:23 a.m., the Complainant lay on the ground on his left side with his arms folded on his chest. WO #1 handcuffed the Complainants left arm. The Complainant was repeatedly told to flip over onto his stomach; instead, he sat up on the ground.

Starting at about 9:24 a.m., a siren was heard and the SO arrived on scene. The SO took control of the Complainant’s left arm, and placed his right knee on the Complainant’s lower left back. The SO said, “Try your fucking luck now. Fucking beat the fuck, out of you.” The Complainant’s hands were handcuffed, and he was brought up to his feet.

Starting at about 9:25 a.m., an unidentified police officer searched the Complainant. WO #1 asked the Complainant if he was injured, and the Complainant’s reply was inaudible. Another unidentified police officer said, “Right knee hurts.” WO #1 started searching the black sedan, and WO #2 placed the Complainant into the police vehicle and read him his rights. WO #2 asked the Complainant why he requested an ambulance, and the Complainant said he was on drugs. WO #2 requested an ambulance.

Starting at about 9:42 a.m., WO #2 briefed the paramedics, who in turn assessed the Complainant.

In-car Camera (ICC) Footage – WO #2 and WO #1’s Police Vehicle

On May 16, 2026, starting at about 9:28 a.m., the Complainant was placed in the rear passenger seat by WO #5. The Complainant mumbled to himself and appeared impaired. WO #2 sat in the driver’s seat of the police vehicle and, at 9:30 a.m., he advised the Complainant he was under arrest for possession of stolen property. WO #2 read the Complainant his rights to counsel.

PRP Communications Recordings

On May 16, 2026, at 9:23 a.m., WO #2 broadcast, “Male is fighting we are trying to handcuff.”

At 9:25 a.m., WO #5 broadcast, “We have him in custody.”

At 9:28 a.m., the SO broadcast, “No injuries.”

At 9:36 a.m., WO #1 broadcast, “Require ambulance, male potentially overdosing.”

At 10:07 a.m., WO #5 broadcast that the male was en route to hospital.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the PRP between May 18, 2026, and May 20, 2026:

• BWC footage
• ICC footage
• Booking footage
• Police communications recordings
• List of involved officers’ names
• Incident Details Report
• Occurrence Details Reports
• Person Details Report – the Complainant
• Notes – WO #5, WO #4, WO #1, WO #2 and WO #3
• PRP policies - Incident Response; Criminal Investigations

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between July 27, 2026, and July 30, 2026.

• Ambulance Call Report from Peel EMS.
• The Complainant’s medical records were obtained from Trillium Health Partners.

The evidence collected by the SIU, including interviews with the Complainant and police eyewitnesses, and video footage that 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 morning of May 16, 2026, PRP received a call from a woman reporting that her 2023 Hyundai Sonata had been stolen. The woman further indicated that the vehicle was in the area of 3415 Dixie Road, which she gathered from the use of tracking technology. Police officers were dispatched to the address.

WO #1 and WO #2 arrived at the address – a strip mall – and located the Sonata in the parking lot. It was parked facing towards Dixie Road along the westernmost aisle of parking spaces. Its trunk and driver’s door were open, and a male was in the driver’s seat. The officers stopped their cruiser behind the Sonata.

The Complainant was in the driver’s seat. Approached by WO #1 and told that he was under arrest and to exit the vehicle, the Complainant delayed. The officer reached in to pull him out of the Sonata and the Complainant resisted by holding onto the steering wheel. After a period of struggle, the Complainant was eventually removed from the vehicle. He continued to fight as WO #1 and WO #2 attempted to place his arms behind the back. The Complainant grabbed hold of the driver’s door and window frame and refused to let go. WO #1 radioed for assistance as the struggle continued. The Complainant was eventually forced away from the Sonata and brought to ground by the officers.

The Complainant refused to roll onto his front on the ground and surrender his arms to be handcuffed. The officers eventually maneuvered him face down to the ground. The Complainant still refused to give up his arms. Within seconds, the SO appeared and dropped his right knee onto the Complainant’s lower back, pinning him flat to the ground. The officer forced the Complainant’s left arm behind the back and, with the help of WO #1 and WO #2, handcuffed his hands together.

The Complainant was taken to hospital following his arrest and diagnosed with rib fractures, some of which were old, and others new.

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 arrest by PRP officers on May 16, 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 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.

WO #1 and WO #2 were within their rights in moving to take the Complainant into custody for possession of stolen property. They had information from the owner of the Sonata that her vehicle had been stolen and taken to an address on Dixie Road, precisely where the vehicle was located with the Complainant in it.

With respect to the force used in the Complainant’s arrest, I am unable to reasonably conclude it was unlawful. The Complainant strenuously resisted arrest and proved a formidable challenge. It took the combined efforts of two police officers over several minutes to remove him from the Sonata and force him to the ground. On this record, the two punches to the back struck by WO #1 and the takedown would not appear disproportionate uses of force, particularly as the Complainant continued to struggle on the ground against the officers’ efforts to handcuff him behind the back. The use by the SO of his knee was commensurate with the circumstances at hand. The Complainant was still not flat on the ground at the time, which was making it difficult to handcuff him.

In the result, while I accept that one or more of the Complainant’s rib fractures were incurred in the altercation that marked his arrest, there are no reasonable grounds to attribute the injuries to unlawful conduct on the part of the arresting officers. As such, there is no basis for proceeding with criminal charges in this case.

Before closing the file, I note what are possible contraventions of sections 10 and 12 of the Police Code of Conduct, in relation to the language that the SO directed at the Complainant during the arrest, sections 19 and 27, in relation to the officer’s use of his BWC, and section 3, in relation to an apparent late notification of the incident to the SIU by the police service. I will be referring these matters 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: August 24, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit