News Release

Force Used by Officers not Excessive; SIU Concludes Grimsby Investigation

Case Number: 23-OCI-162   

Mississauga, ON (30 August, 2023) ---
In the early morning hours of May 2, 2023, Niagara Regional Police Service officers arrested a 58-year-old man on the premises of a residence in Grimsby. He was there in violation of a judicial release order. The man was taken to the ground in the course of his arrest when he approached officers in an aggressive fashion. The man was taken into custody and lodged in a police cell. About 40 minutes later, the man fell forward in his cell, striking his forehead on the floor. A special constable entered the cell to assist the man and paramedics were called. The man was taken to hospital and diagnosed with fractured vertebrae. On his assessment of the evidence, SIU Director Joseph Martino determined there were no reasonable grounds to believe that an officer committed a criminal offence in connection with the man’s injuries. There was no basis for proceeding with criminal charges in this case, and 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