News Release

SIU Concludes Investigation into Custody Injury Involving the Brantford Police Service

Case Number: 08-OCI-225   

TORONTO (3 December, 2008) --- The Special Investigations Unit (SIU) has determined that there are no reasonable grounds to believe that two officers of the Brantford Police Service committed any criminal offence in connection with injuries sustained by a local resident during the course of his arrest.

"The officers were involved in a lawful arrest based upon credible information of the 46-year-old man having been involved in an assault," concluded SIU Director Ian Scott.

"Under section 25(1) of the Criminal Code," Mr. Scott continued, "an officer is justified in using force where the force in question is reasonably necessary in the discharge of his or her lawful duties. Given the highly resistant behaviour of the man, it is my view that the force used, consisting of a number of hand and knee strikes, was reasonably necessary to effect the arrest and was not excessive under the circumstances."

The SIU was notified by the Brantford Police Service on October 21, 2008 after hospital treatment revealed that the man had suffered three fractured ribs during his arrest at his home on Bond Street during a police investigation of a domestic assault.

During the course of its investigation, the SIU interviewed the subject officers, six witness officers and six civilians, and also reviewed the Policing Standards/Internal Police Policies of the Brantford Police Service.

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
SIU Communications/Service des communications, UES