News Release

No Basis to Lay Charges in Relation to Hamilton Arrest

Case Number: 21-OCI-049   

Mississauga, ON (11 June, 2021) ---
On February 12, 2021 a 32-year-old male was diagnosed in hospital with a fractured right hand.  He was in the custody of the Hamilton Police Service (HPS) at the time, having earlier been arrested by an HPS officer.  The arresting officer was identified as the subject official for purposes of the SIU investigation. 

The Director of the Special Investigations Unit, Joseph Martino, has determined there are no reasonable grounds to believe that the subject officer acted other than lawfully throughout this affair, and that there is no basis for proceeding with charges in this case.

Full Director’s Report (with Incident Narrative, Evidence, and Analysis & Director’s Decision): 

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

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SIU Communications/Service des communications, UES