News Release

News Release

SIU Concludes Investigation into Custody Death

Case Number: 08-PCD-049   

TORONTO (21 January, 2009) --- The Deputy Director of the Special Investigations Unit (SIU) has concluded that there are no reasonable grounds to believe that officers from the Durham Regional Police Service (DRPS) and the Ontario Provincial Police- Bracebridge Detachment (OPP) committed any criminal offence in relation to the death of a 31-year-old Oshawa man on March 31, 2008.

On March 31, 2008 members of the DRPS arrested Jonathan Weeks for an outstanding warrant held by the OPP. Two OPP officers went to the DRPS station in Oshawa and took custody of Mr. Weeks. The OPP officers took Mr. Weeks to the OPP Detachment in Bracebridge. Mr. Weeks was lodged in a cell.

A short time after being lodged in a cell Mr. Weeks went into medical distress. EMS was summoned. OPP officers provided first aid until the ambulance arrived, whereupon Mr. Weeks was taken to hospital where he later died of drug intoxication.

Deputy Director of the SIU James Cornish determined that the issue in this case was whether the officers involved with Mr. Weeks failed to provide Mr. Weeks the level of care required by the criminal law. He explained, "Where an officer is responsible for the care of another person, criminal liability may attach if the officer's conduct amounts to a marked departure from the level of care that a reasonable person would have exercised in the circumstances. In this case, in light of Mr. Weeks' relatively short time in police custody, during which he appears to have been monitored and well treated, I am satisfied that the officers' conduct fell within the limits prescribed by the criminal law."

The SIU is an independent government agency that investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must

• consider whether the official has committed a criminal offence in connection with the incident under investigation
• depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
• publicly report the results of its investigations