News Release

SIU Discontinues Investigation into Man’s Fall from Hamilton Apartment Balcony

Case Number: 22-OCI-286   

Mississauga, ON (31 January, 2023) ---
The Director of the Special Investigations Unit, Joseph Martino, has terminated an investigation into the serious injuries suffered by a 33-year-old man in Hamilton when he feel from an apartment balcony in October.

In the morning of October 30, 2022, Hamilton Police Service officers were dispatched to an apartment building on Congress Crescent following a 911 call in which two people were heard yelling. Upon arrival at the apartment unit, the officers spoke with a woman, and searched the unit for a man without success. While the officers were in the company of the woman by the doorway, they heard a sound from the balcony and went to check on it. Looking over the railing, they saw a man on the ground below the balcony. The man was taken to hospital and diagnosed with multiple fractures and other internal injuries.  

Whether the man jumped intentionally or fell accidentally attempting to conceal himself from the police is unknown – he refused an interview with the SIU.  Whatever the case, Director Martino determined it was evident that neither officer did, or failed to do, anything that caused or contributed to the man’s descent. Accordingly, there being patently nothing to investigate as far as the potential criminal liability of the officers is concerned, the file has been closed.         

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