News Release

SIU Completes Investigation into Man’s Arrest and Injuries in Hamilton

Case Number: 23-OCI-437   

Mississauga, ON (22 February, 2024) ---
The Director of the Special Investigations Unit, Joseph Martino, found no reasonable grounds to believe a Hamilton Police Service officer committed a criminal offence in connection with the broken orbital bone suffered by a 49-year-old man during his arrest last October.

On October 22, 2023, officers sought to arrest the man for impaired driving after receiving a 911 call. In video footage captured of the arrest, five officers attempted to arrest the man while he struggled. Officers delivered strikes, oleoresin capsicum (OC) spray and conducted energy weapon discharges in an effort to handcuff the man. Director Martino accepted that the man’s injury was likely caused by one or more of the punches delivered by the subject official, but found no reasonable grounds to believe it was attributable to any unlawful conduct.

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.

Monica Hudon, siu.media@ontario.ca
SIU Communications/Service des communications, UES