News Release

No Charges Against London Police Officer in Man’s Death

Case Number: 21-OCD-036   

Mississauga, ON (18 November, 2021) ---
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that a London Police Service officer committed a criminal offence after a 34-year-old man -  Mr. Fabian Hart - died while in custody last February.

On February 1, 2021, officers responding to a reported domestic disturbance arrested Mr. Hart for violating a court order. He was put into a police cell. Mr. Hart began to shake and his condition deteriorated, purportedly due to alcohol withdrawal, and officers made arrangements to transport him to hospital. Before that happened, Mr. Hart appeared to need immediate medical attention. Officers administered life-saving measures before paramedics arrived. Paramedics took charge of Mr. Hart’s care and took him to hospital where he died. Mr. Hart’s death was attributed to methamphetamine – amphetamine toxicity.

While it might have been advisable for the officer to have taken Mr. Hart to hospital sooner than was the case, Director Martino found there was insufficient evidence to reasonably conclude that the officer’s failure to do so amounted to a marked departure from a reasonable standard of care. Accordingly, the file has been closed.


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

Lisez ce communiqué en français.

Kristy Denette,
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342