SIU Director’s Report - Case # 26-TCI-260
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Contents:
Mandate of the SIU
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.
Information Restrictions
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.
Mandate Engaged
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 21-year-old man (the “Complainant”).
The Investigation
Notification of the SIU[1]
On June 2, 2026, the SIU received an email from legal counsel representing a client who sustained a concussion resulting from an interaction with Toronto Police Service (TPS) officers. The SIU subsequently contacted the TPS, and was provided the following information.
On May 31, 2026, a male [the Complainant] failed to stop his bicycle at a stop sign on Queens Quay West at Little Norway Crescent, Toronto. A police officer attempted to stop the male, who swerved around him and shouted obscenities. With the assistance of other police officers, the male was grounded on the sidewalk and arrested. He was issued provincial offence notices (PON) for traffic violations and released.
The Team
Date and time team dispatched: 2026/06/05 at 7:07 a.m.
Date and time SIU arrived on scene: 2026/06/05 at 8:39 a.m.
Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 0
Affected Person (aka “Complainant”)
21-year-old male; interviewed; medical records obtained and reviewed
The Complainant was interviewed on June 8, 2026.
Subject Official (SO)
SO Declined interview and to provide notes, as is the subject official’s legal right
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 Not interviewed; notes reviewed, and interview deemed unnecessary
The witness officials were interviewed on June 25, 2026.
Evidence
The Scene
The events in question transpired in and around the intersection of Queens Quay West and Little Norway Crescent, Toronto.
Queens Quay West was a two-lane paved roadway traversing east/west with a dedicated two-lane bordered bicycle lane on the south side. The intersection with Little Norway Crescent contained stop signs and blue road painting with white capitalized lettering - “STOP”.
Image - Queens Quay West at Little Norway Crescent looking east
Video/Audio/Photographic Evidence[2]
Cellphone Footage[3]
The most detailed of several videos captured a northeasterly view of Queens Quay West and Little Norway Crescent. The SO was on the sidewalk on the north side of Queens Quay West physically engaged with the Complainant. Two police officers - WO #1 and WO #2 - assisted the SO. The Complainant was on his stomach on the sidewalk and handcuffed.
In another video, the SO, standing in the bicycle lane with his right arm extended out to his side, ran to his right [north] out of camera view. The SO was next captured on the north side of Queens Quay West on the ground on top of the Complainant. Three police officers [WO #1, WO #2 and WO #3] assisted the SO.
TPS Body-worn Camera (BWC) Footage
On May 31, 2026, starting at 6:22 p.m., WO #1 and WO #2 were standing on the southwest corner of Queens Quay West and Little Norway Crescent. The SO and WO #3 were on the southeast corner. The Complainant was captured riding a bicycle east in the bicycle lane of Queens Quay West, failing to stop for the stop sign at Little Norway Crescent. As he passed through the intersection, he looked to his right towards WO #1 and WO #2 and said, “Fuck the police.”
WO #1 and WO #2 shouted to the SO and WO #3 to get the Complainant. The SO stood in the middle of the bicycle lane facing the approaching Complainant, opened his stance, and extended his right arm. The Complainant appeared to slow his bicycle before steering to his left to avoid the SO. The SO shifted to his right to block the Complainant and then chased him as he rode across Queens Quay West towards the north curb. The SO had his left arm extended towards the Complainant. The Complainant rode parallel to the north curb as the SO approached from behind and placed his open left hand on the side of his backpack.
The Complainant’s bicycle leaned to the left and the Complainant fell onto the boulevard. WO #2 ran to where the SO and the Complainant were physically engaged on the ground. The Complainant was on his left side and the SO was on top of him. WO #2 told the Complainant to stop resisting and to lay on his stomach. The SO dismounted from the Complainant’s back and placed him on his stomach. The Complainant questioned what he had done and was told he went through a stop sign and tried to get away. The Complainant was handcuffed, told he was under arrest and assisted to a seated position.
TPS Communications Recordings
On May 31, 2026, starting at 6:27 p.m., the SO advised the TPS communications centre by radio that he, WO #1 and WO #2 were at Queens Quay West and Little Norway Crescent and had a person in custody [the Complainant].
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the TPS between June 4, 2026, and July 6, 2026:
- Names and roles of involved police officers
- General Occurrence Report
- Prosecution Summary
- Computer-aided Dispatch Report
- Police communications recordings
- Scene photographs and measurements
- eTicket Evidence
- Notes - WO #1, WO #2, WO #3 and WO #4
- BWC footage
- TPS policies – Arrest; Provincial Offences Act Releases; Commencing POA Proceedings; Incident Response (Use of Force / De-Escalation)
Materials Obtained from Other Sources
The SIU obtained the following records from the following other sources between June 5, 2026, and June 11, 2026:
- Cellphone video obtained through a social media search
- The Complainant’s medical records from University Health Network - Toronto Western Hospital and Hull-Ellis Concussion and Research Clinic
Incident Narrative
The evidence collected by the SIU, including interviews with the Complainant and police eyewitnesses, and video footage that captured the incident in part, 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 evening of May 31, 2026, The Complainant was cycling eastbound on Queens Quay West approaching Little Norway Crescent in a dedicated bike lane. As he travelled through a stop sign without stopping, the Complainant turned his head to the right in the direction of a couple of TPS officers standing at the southwest corner of the intersection and said, “Fuck the police.”
That utterance caught the attention of the officers, and they immediately signalled other officers standing at the southeast corner of the intersection to stop the Complainant. The officers were present in the area conducting targeted bicycle enforcement. The SO positioned himself in front of the Complainant and directed him to stop. The Complainant did not stop. He turned to the left to avoid the SO and then started to cycle eastward next to the north curb of Queens Quay West. The SO chased after him on foot and extended his left arm to make contact with a backpack the Complainant was wearing. The Complainant lost control of his bicycle and toppled over onto the grass boulevard and sidewalk on the north side of Queens Quay West. The SO fell on top of the Complainant and forced him flat on the ground. The other officers quickly made their way to the two and also pinned the Complainant to the ground for a period as he was handcuffed behind the back.
The Complainant was ultimately issued provincial offence notices and released at the scene from police custody. He subsequently sought medical care and was diagnosed with mild traumatic brain injury.
Relevant Legislation
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 136, Highway Traffic Act – Stop at Through Highway
136 (1) Every driver or street car operator approaching a stop sign at an intersection,
(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and
(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed.
Section 218, Highway Traffic Act – Cyclist to Identify Self
218 (1) A police officer who finds any person contravening this Act or any municipal by-law regulating traffic while in charge of a bicycle may require that person to stop and to provide identification of himself or herself.
(2) Every person who is required to stop, by a police officer acting under subsection (1), shall stop and identify himself or herself to the police officer.
(3) For the purposes of this section, giving one’s correct name and address is sufficient identification.
(4) A police officer may arrest without warrant any person who does not comply with subsection (2).
Analysis and Director’s Decision
The Complainant was seriously injured in the course of his arrest by TPS officers on May 31, 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.
The officers, including the SO, were within their rights in attempting to stop the Complainant for failing to stop at a stop sign in apparent violation of section 136(1)(a) of the Highway Traffic Act. When the Complainant failed to stop and attempted to evade the SO by cycling around him, he rendered himself subject to arrest under section 218 of the Highway Traffic Act.
With respect to the force used by the SO in the Complainant’s arrest, I am satisfied it fell within the range of what was lawful in the circumstances. It is unclear in the footage whether the officer made contact with the Complainant’s backpack intending to grab a hold of him or to push the Complainant off the bike. There is always a risk that physically engaging a cyclist might result in a fall, but the risk of injury was a moderate one in this case as the Complainant had significantly slowed when the officer stepped out in front of him. Once on the ground, the SO would have been rightly concerned that the Complainant would continue his efforts to flee. That consideration justifies the officer’s efforts to wrestle the Complainant firmly to the ground and to keep him pinned there pending the arrival of the other officers.
In the result, while I accept that the Complainant’s injury was incurred in the interaction with the SO that marked his arrest, 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: September 17, 2026
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
Endnotes
- 1) Unless otherwise specified, the information in this section reflects the information received by the SIU at the time of notification and does not necessarily reflect the SIU’s finding of facts following its investigation. [Back to text]
- 2) The following records contain sensitive personal information and are not being released pursuant to section 34(2) of the Special Investigations Unit Act, 2019. The material portions of the records are summarized below. [Back to text]
- 3) Obtained by SIU via a search of social media. [Back to text]
Note:
The signed English original report is authoritative, and any discrepancy between that report and the French and English online versions should be resolved in favour of the original English report.