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 injuries of a 28-year-old man (the “Complainant”).

Notification of the SIU[1]

On June 25, 2026, at 8:14 a.m., the Timmins Police Service (TPS) contacted the SIU with the following information.

On June 24, 2026, at 7:25 p.m., TPS were contacted to respond to a robbery that had just occurred at the Circle K convenience store at 287 Algonquin Boulevard West, Timmins. It was reported that a man [now known to be the Complainant] had entered the store, retrieved alcoholic beverages and proceeded to leave without making any attempt to pay for the items. The clerk remotely locked the exit door, prompting the Complainant to return to the counter, activate the exit door, and depart leaving the beverages behind. Almost immediately, the Complainant returned inside the store to retrieve the items, at which point the clerk again remotely secured the door. The Complainant approached the counter, assaulted the clerk by pushing and grabbing onto his clothing, and demanded the clerk unlock the exit door. When the clerk refused, the Complainant approached the door and kicked it until it was dislodged, at which point he exited the store. The Subject Official (SO) and Witness Official (WO) #1 responded to the area and located the Complainant on Cameron Street South near Belanger Avenue. At 7:33 p.m., the Complainant was arrested. He became combative and the officers grounded the Complainant, after which he was handcuffed and placed in the rear of a police cruiser. During transport, the Complainant kicked at the interior door from within the cruiser. At 7:43 p.m., the Complainant was presented to the on-duty booking officer, WO #2. While being placed in cells, and in an attempt to remove the Complainant’s handcuffs, WO #2 delivered a knee strike to the Complainant’s thigh area. The Complainant’s handcuffs were removed, and he was placed in the cells. During the booking questionnaire, it was noted that the Complainant was intoxicated and that he made mention of discomfort with his ribs; however, he remained in cells to ensure de-escalation of his behaviour. On June 25, 2026, at 3:28 a.m., the Complainant was removed from his cell for fingerprinting purposes, at which point he reiterated that he was still suffering from pain in his rib area. Emergency Medical Services (EMS) were summoned and transported the Complainant to Timmins and District Hospital (TDH). At 6:26 a.m., the TPS were advised that the Complainant had been diagnosed with two left rib fractures that were apparently “fresh” in nature.

The Team

Date and time team dispatched: 2026/06/25 at 8:48 a.m.

Date and time SIU arrived on scene: 2026/06/25 at 9:02 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on June 26, 2026

Civilian Witnesses

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

CW #4 Interviewed

The civilian witnesses were interviewed between June 26, 2026, and July 8, 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

The witness officials were interviewed between June 29, 2026, and July 5, 2026

The Scene

The events in question transpired in and around the intersection of Cameron Street South and Belanger Avenue, Timmins, and in and around a cell of the TPS police station, 185 Spruce Street South, Timmins.

Video/Audio/Photographic Evidence[2]

TPS Communications Recordings[3]

On June 24, 2026, at 7:25 p.m., CW #4 called 911 to report an emergency at the Circle K located on Algonquin Boulevard West. A man [the Complainant] had entered the store and pushed customers and a security guard [CW #3]. The dispatcher reported police officers were en route. CW #4 reported that the Complainant had broken the door and fled the scene with two cases of beer. CW #4 further advised that the Complainant had a knife in his hand and the security guard had followed him. The Complainant was said to have run towards Cameron Street wearing a black sweatshirt and light grey pants.

The dispatcher alerted police officers [WO #1 and the SO] of the 911 call and provided the call details. The dispatcher broadcast that the Complainant was at the stop sign behind Circle K.

At 7:30 p.m., the SO broadcast that the Complainant was running west on Belanger Avenue.

At 7:31 p.m., WO #1 informed the dispatcher that the Complainant was in custody.

At 7:33 p.m., the SO informed the dispatcher that the Complainant was under arrest

for public intoxication and failing to identify himself. WO #1 informed the dispatcher that he was en route to the police station with the Complainant.

At 7:37 p.m., WO #1 informed the dispatcher that the Complainant was kicking the window in the cruiser. Upon arrival at the station, WO #1 asked for a second officer to assist in escorting the Complainant to the cells.

At 7:40 p.m., the SO informed the dispatcher that there were grounds to support a charge of robbery. He further advised that the Complainant had assaulted a security guard at the Circle K and indicated he intended to obtain a statement regarding the incident.

Video Footage from Circle K, 287 Algonquin Road West, Timmins

On June 24, 2026, a man wearing a jacket with “SECURITY” on the back [CW #3] locked the front door of the Circle K convenience store. A man wearing a dark-coloured long-sleeved shirt and light-coloured pants [the Complainant] approached the door while carrying two cases of alcohol. CW #3 pushed one case of alcohol from the Complainant’s hands, and the case fell to the floor. The Complainant pushed CW #3 with his free hand and CW #3 pushed the Complainant with both open hands. The Complainant attempted to push the door open while CW #3 took the second case of alcohol from him. A man speaking on a cellphone [CW #4] approached CW #3 and the Complainant. CW #3 unlocked and opened the door while the Complainant picked up cans of alcohol from the floor. The Complainant backed away and then approached CW #3 with his left hand closed in a fist. The Complainant pulled his fist back slightly and made a punching motion but did not strike CW #3. CW #3 took the case of alcohol from the Complainant and placed it on the floor. The Complainant approached CW #3 again, and CW #3 pushed him with both hands. The Complainant picked up alcohol from the floor. The door was locked, and CW #3 and the Complainant continued interacting near the entrance. The Complainant walked from the front of the store towards the rear and CW #3 followed.

TPS ICC Footage from WO #1’s Cruiser

On June 24, 2026, starting at about 7:30:41 p.m., as WO #1 approached Belanger Avenue, two men [the Complainant and the SO] ran across the roadway. WO #1 drove past Belanger Avenue as the Complainant ran across the grass of the church at the corner of Belanger Avenue and Cameron Street South. The SO chased the Complainant and closed the distance as WO #1 passed them. WO #1 stopped his cruiser at the right curb.

Starting at about 7:33:10 p.m., the Complainant was seated in the rear passenger seat of WO #1’s cruiser, his hands handcuffed behind the back. The Complainant writhed around the backseat, moaned, and cursed at the police officers.

Starting at about 7:36:57 p.m., the Complainant rested on his left side in the backseat and started to kick at the door.

Starting at about 7:38:27 p.m., the Complainant threatened WO #1 with smacks and headbutts.

Starting at about 7:38:45 p.m., the police cruiser entered the garage at the TPS station.

Starting at about 7:39:22 p.m., a voice [WO #2] called out to the Complainant and told him he would be taken out of the cruiser. The Complainant said he would respect WO #2 but not WO #1. The rear passenger door opened as the Complainant said, “Fuck you.” WO #2 and WO #3 reached into the cruiser and grabbed the Complainant by his legs. The Complainant landed on his buttocks and came to rest on the floor outside the rear passenger door, leaning towards his left side. The officers assisted him to his feet and escorted him away from the cruiser

.

TPS Custody Footage - Cell and Cell Block Desk

On June 24, 2026, starting at about 7:40 p.m., the Complainant was handcuffed with his hands behind the back and leaning forward as WO #3 and WO #1 escorted him into a cell. WO #2 followed them into the cell. Officer #1 entered the cell and removed the Complainant’s shoes. The Complainant was placed on his side and he moaned. Officer #1 stood in the doorway and obstructed the camera’s view of the cell. WO #3 was positioned on the left side of the bench, WO #2 was in the middle, and WO #1 was on the right holding the Complainant’s feet.

Starting at about 7:41:41 p.m., WO #2 removed the Complaint’s handcuffs. WO #3’s right knee appeared to be positioned on the Complainant’s left upper arm/backside area.[4] WO #2 had difficulty removing the handcuffs and said, “It’s because you keep moving, that’s why.” The Complainant responded, “Because you’re a bitch, that’s why.” WO #3 leaned forward and applied additional weight to the Complainant, who then complied. The Complainant was directed not to move until the officers had left the cell.

Starting at about 7:42 p.m., WO #2 exited the cell, followed by WO #1 and WO #3. Officer #1 locked the cell door.

Starting at about 7:45 p.m., WO #1 approached the cell, cautioned the Complainant and advised him of his rights to counsel in relation to a charge of robbery.

Starting at about 7:50 p.m., WO #3 asked the Complainant if he had any illnesses or injuries. The Complainant advised that he blew out his rib but later described it as broken.

The Complainant yelled profanities and walked around the cell.

Starting at about 8:11 p.m., an unidentified officer approached the cell and asked the Complainant if he wanted to speak to a lawyer. The Complainant would not provide the name of counsel, and the officer walked away. The Complainant fell asleep on the bench in the cell.

Starting at about 3:09 a.m., June 25, 2026, the Complainant requested to be seen by EMS and indicated that his rib was poking out. The Complainant repeatedly asked for an officer.

Starting at about 3:12 a.m., WO #3 approached the cell and opened the door. WO #3 advised the Complainant that they would complete the fingerprint process and then contact EMS. The Complainant was removed from the cell and confirmed to WO #3 that his injury was to his left rib area.

Starting at about 3:54 a.m., WO #3 entered the door of the cell area and advised the Complainant that EMS had arrived. WO #3 told paramedics that the Complainant had sore ribs.

Starting at about 3:56 a.m., the Complainant walked out of the cell block area and was directed to sit on a bench. The Complainant advised a paramedic that his rib was “coming out”. When asked what had happened, the Complainant said, “I don’t remember.” He said he had awoken in the cell in pain.

Starting at about 3:59 a.m., a paramedic advised the Complainant that she did not see any bruising or feel anything abnormal. The Complainant advised the paramedic that he had consumed a bottle of alcohol by himself. The paramedics advised the Complainant that they would take him to the hospital for a chest X-ray.

Starting at about 4:13 a.m., EMS exited the sally port with the Complainant en route to TDH.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the TPS between June 26, 2026, and September 15, 2026:

• Court Synopsis and Supplementary Report
• ICC footage – WO #1
• Police communications recordings
• Computer-aided Dispatch Report
• List of involved officers
• TPS policies – Use of Force; Arrest of Persons
• Notes – WO #1, WO #3 and WO #2
• Custody Property List
• Custody Records
• Custody Summary and Detention Report
• Witness statements – CW #4 and CW #3[5]

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from TDH on June 30, 2026.

The evidence collected by the SIU, including interviews with the Complainant and other witnesses (police and non-police), 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 June 24, 2026, TPS were called to the Circle K convenience store at 287 Algonquin Boulevard West, Timmins. Store staff had contacted police about a male, the Complainant, in possession of a knife. The Complainant had reportedly assaulted a security guard and store patrons, and had left the establishment without paying for beer.

The SO was the first officer on scene. He located the Complainant and chased after him on foot. He caught up to him in the area of Cameron Street South and Belanger Avenue, and forced him to the ground. WO #1 arrived shortly and assisted the SO in taking the Complainant into custody.

The Complainant was placed in the backseat of WO #1’s cruiser, his hands cuffed behind the back, and transported to the police station. He kicked out with his legs at the rear doors en route to the station and resisted officers upon arrival. Officers pulled him out of the cruiser and escorted him straight to a cell.

The Complainant was made to lie on the cell bench as officers searched him and removed his shoes. WO #3 controlled his upper body as WO #1 and WO #2 controlled his legs. The Complainant resisted as the officers attempted to remove his handcuffs and was met with a couple of knee strikes to the upper left leg by WO #2. The handcuffs were eventually removed and the officers left the cell.

In the early morning of the following day, the Complainant complained of rib pain. He was transported to hospital and 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 diagnosed with serious injuries while in the custody of the TPS on June 25, 2026. The SIU was notified of the injuries 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.

With information at his disposal that the Complainant had engaged in violence while stealing from the Circle K store, and that he was significantly intoxicated at the time, I am satisfied that the SO was within his rights in arresting the Complainant for robbery and public intoxication under sections 343 and 344 of the Criminal Code and section 31 of the Liquor Licence and Control Act, 2019, respectively. Once in lawful custody, the police were entitled to exercise reasonable control over the Complainant’s movements as he was processed according to law.

There are two points in the evidence during which the Complainant’s ribs might have been broken by police. The first occurred when he was forced to the ground by the SO. A takedown made sense as the Complainant was fleeing from the officer at the time. Beyond that, there is no evidence that the grounding was executed with unnecessary force or that the Complainant was subsequently subjected to excessive force while on the ground. It is also possible that the Complainant was injured while being pinned on the cell bench, though this would appear the less likely of the two scenarios. Here, too, the evidence, including the video evidence, does not reasonably establish the use of unwarranted force by police. WO #2’s two knee strikes to the left leg were in response to the Complainant’s physical resistance as the officers were endeavouring to search him and remove his handcuffs. For the same reason, I am unable to reasonably conclude that the pressure WO #3 applied at about the same time to the Complainant’s upper left side with his right knee was unlawful.

It remains unclear at the end of the investigation precisely when the Complainant suffered his injuries and there is some prospect that they occurred before his arrest by the SO. Be that as it may, as there are no reasonable grounds to believe the fractured ribs are attributable to unlawful conduct on the part of the police, there is no basis for proceeding with criminal charges. The file is closed.

Date: October 21, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit