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 37-year-old man (the “Complainant”).

Notification of the SIU[1]

On May 13, 2026, at 6:50 a.m., the Toronto Police Service (TPS) contacted the SIU with the following information.

On May 12, 2026, TPS Neighbourhood Community Officers were patrolling Barbara Hall Park, 519 Church Street, Toronto, on bicycles when a hand-to-hand drug transaction was observed. At 3:55 p.m., officers approached the apparent seller [now known to be the Complainant] and attempted to effect an arrest. An officer took physical control of the Complainant by grabbing his jacket. The Complainant attempted to flee but tripped and fell. The Complainant was taken into custody and transported to 51 Division at 4:19 p.m. where he was lodged in cells. At about 1:09 a.m., May 13, 2026, the Complainant alerted cell staff that he was experiencing pain in his right wrist, which he attributed to the arrest. He was transported to St. Michael’s Hospital (SMH) and diagnosed with a fracture to the right wrist.

The Team

Date and time team dispatched: 2026/05/13 at 7:21 a.m.

Date and time SIU arrived on scene: 2026/05/13 at 9:52 a.m.

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on May 15, 2026

Subject Official

SO Interviewed, but declined to submit notes, as is the subject official’s legal right

The subject official was interviewed on July 30, 2026

Witness Officials

WO #1 Interviewed; notes received and reviewed

WO #2 Not interviewed; notes reviewed, and interview deemed unnecessary

The witness official was interviewed on May 25, 2026

The Scene

The events in question transpired on the grounds of Barbara Hall Park, 519 Church Street, Toronto.

Video/Audio/Photographic Evidence[2]

TPS Body-worn Camera (BWC) Footage

Starting at about 3:53 p.m., May 12, 2026, the Complainant was captured sitting on a park bench as police officers approached. The SO told the Complainant he was under arrest, and the Complainant brought his left hand behind his back and discarded a small pink baggie through a gap in the park bench to the ground below. The SO took hold of the Complainant’s right hand. The Complainant stood from the bench and took two steps away before falling backwards and using both hands to break his fall. An officer [believed to be WO #1] held the Complainant’s upper body and pinned him to the ground. The Complainant stated he had done nothing wrong. The SO maintained control of the Complainant’s right arm and advised him that he had attempted to run. WO #2 applied handcuffs to the Complainant. At one point, the officer rolled the Complainant onto his left side so he could search his right side. A small, pink plastic baggie with what appeared to be clear rocks in it – the one the Complainant had earlier discarded - was located underneath the park bench and seized by the SO.

TPS Booking Footage

The Complainant entered the booking area at 4:58 p.m., May 12, 2026, handcuffed behind the back. When asked whether he had any injuries, he responded in the negative.

On May 13, 2026, the Complainant returned to the booking hall following a stay in hospital. His right arm was in a cast. A uniformed police officer explained that the Complainant had received medical treatment at hospital for a fracture to the right wrist. The Complainant was subsequently escorted to the cell area.

TPS In-car Camera (ICC) Footage

At 4:12 p.m., May 12, 2026, the Complainant was placed into the back passenger seat of a cruiser while handcuffed behind the back. He began to repeatedly swear and yell profanities. He kicked the front seat, twisted his body, and kicked the rear passenger door and window. A police officer directed him to stop his behaviour.

At 4:34 p.m., the cruiser arrived at 51 Division where officers waited while another booking was completed.

At 4:36 p.m., the Complainant was removed from the cruiser.

On May 13, 2026, the Complainant was seated in the rear of a police cruiser with a cast or bandage on his right wrist and arm. He was transported to 51 Division, arriving at 5:36 a.m., and was removed from the cruiser at 5:37 a.m..

TPS Communications Recordings

On May 12, 2026, at 4:00 p.m., WO #1 broadcast that he had one person in custody and requested a vehicle for transport.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS between May 13, 2026, and June 18, 2026:

• BWC footage
• ICC footage
• Booking footage
• Police communications recordings
• Computer-aided Dispatch Report
• Involved Officers List
• General Occurrence Report
• TPS policies – Arrests; Incident Response
• Notes - WO #1 and WO #2

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from SMH on June 18, 2026.

The evidence collected by the SIU, including interviews with the Complainant and the SO, and video footage that largely captured the incident, gives rise to the following scenario.

In the afternoon of May 12, 2026, the Complainant was seated on a park bench with another male when he was confronted by three TPS bicycle officers. One of them – the SO – rode up to him and told him he was under arrest. The Complainant brought his left hand behind his back and dropped a small pink plastic baggie through a gap in the wooden bench to the ground below. The officer told him to stand up and grabbed the Complainant by the right hand. The Complainant stood and immediately attempted to run away. He had only taken a stride or two before he lost his footing and fell backwards.

The SO had been on bicycle patrol with WO #2 and WO #1 riding north on the east side of Church Street. As they approached Barbara Hall Park, north of Wellesley Street East, they observed what they believed was a drug transaction between the Complainant and the male on the park bench. The SO immediately took hold of the Complainant’s right arm after his fall and, with the help of WO #1, pinned the Complainant to the ground in a prone position. The Complainant was subsequently handcuffed behind the back.

The Complainant was transported to the station and, from there, to hospital after he complained of pain to the right arm. He was diagnosed with a fractured right wrist.

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 TPS officers on May 12, 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.

There is evidence that the officers observed the Complainant in the process of transferring a small plastic baggie containing a substance to a male seated beside him in exchange for a quantity of cash. At about the same time, the SO observed the Complainant attempting to conceal a small plastic baggie. In the circumstances, I am unable to reasonably conclude that the SO was without a legal basis in moving to arrest the Complainant for drug trafficking.

As for the force used by the officers in the Complainant’s arrest, there are no reasonable grounds to believe it was unlawful. This consisted of the SO taking hold of the Complainant’s right arm, as one would expect in the course of an arrest, and, thereafter, the SO, with the help of WO #1, keeping the Complainant pinned to the ground after the fall. None of this was excessive in light of the Complainant’s flight attempt. The fall itself, which might well have been the reason for the fractured wrist as the Complainant extended his right arm backwards to brace for impact, was the Complainant’s own doing. There is some evidence that the Complainant’s wrist might have been fractured when he was rolled over with his hands cuffed behind the back. This could well be true, but the Complainant was being rolled over for a legitimate purpose (to continue a search of his person) and the video footage does not suggest that he was roughly treated in this process. At no point was the Complainant struck in any way.

For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: September 9, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit