Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.

Special Investigations Unit Act, 2019

Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following:

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person.
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault.
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person.
• Information that discloses investigative techniques or procedures.
• Information, the release of which is prohibited or restricted by law.
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published.

Freedom of Information and Protection of Personal Privacy Act

Pursuant to section 14 (i.e., law enforcement), certain information may not be included in this report. This information may include, but is not limited to, the following:

• Confidential investigative techniques and procedures used by law enforcement agencies; and
• Information that could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding.

Pursuant to section 21 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following:

• The names of persons, including civilian witnesses, and subject and witness officials;
• Location information;
• Witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence; and
• Other identifiers which are likely to reveal personal information about individuals involved in the investigation.

Personal Health Information Protection Act, 2004

Pursuant to this legislation, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may also have been excluded from this report because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.

Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.

A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.

In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.

This report relates to the SIU’s investigation into the serious injury of a 33-year-old man (the “Complainant”).

Notification of the SIU[1]

On January 14, 2025, at 9:54 a.m., the Nishnawbe Aski Police Service (NAPS) contacted the SIU with the following information.

On January 13, 2025, in the evening, NAPS arrested a male - the Complainant - for assault and lodged him at the NAPS Mishkeegogamang Detachment. The male resisted being placed into a cell and had his hand caught in the cell door jamb when officers attempted to secure the cell door. The male was taken to the Mishkeegogamang nursing station and diagnosed with a fractured finger.

The Team

Date and time team dispatched: 2025/01/14 at 11:06 a.m.

Date and time SIU arrived on scene: 2025/01/14 at 11:53 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

33-year-old male; interviewed; medical records obtained and reviewed

The Complainant was interviewed on January 20, 2025.

Subject Officials (SO)

SO #1 Declined interview, as is the subject official’s legal right; notes received and reviewed

SO #2 Declined interview, as is the subject official’s legal right; notes received and reviewed

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

The witness officials were interviewed on January 20, 2025.

The Scene

The events in question transpired in and around a cell of the NAPS Mishkeegogamang Detachment, located on Highway 599 on Mishkeegogamang First Nation.

Video/Audio/Photographic Evidence[2]

Video Footage - NAPS Detachment

The Complainant was observed being escorted by four police officers into the interior sally port. He was handcuffed with his hands behind his back. After being processed, the Complainant entered a cell. His mouth was moving, and his facial expressions were consistent with shouting and yelling. He hit the wall and cell door with both hands numerous times. The Complainant eventually removed his shirt and used it to tamper with a sprinkler head located above the cell door. He put the security gown on his body, and bit the bottom of the gown for about 14 minutes.

Shortly after, WO #1, SO #1 and SO #2 entered the cell. The Complainant was pushed to the back of the cell by one of the officers. The Complainant remained standing and backed up against the back cell wall. The security gown was removed.

All three officers moved to exit the cell and the Complainant followed. The cell door was forced shut from the outside while the Complainant was trying to hold it open using the weight of his body against the door. The Complainant was observed pushing the door open. He was also captured showing his left hand to the camera, which had blood on it. There were droplets of blood on the cell floor. The Complainant continued to sit in front of the meal hatch and his facial expressions were consistent with talking and yelling. The cell door was opened, and two officers entered the cell. The Complainant was assisted with putting on a pair of pants, and a security gown was placed on his upper body, after which he was escorted out of the cell and out of the detachment.

NAPS Communications Recordings

On January 13, 2025, in the evening, a police dispatcher received a call from a woman stating she had been assaulted by the Complainant. The police dispatcher advised responding officers that the Complainant was known to be violent, and a multiple-officer response was required. The Complainant was arrested and lodged at the NAPS detachment.

The NAPS detachment subsequently requested emergency medical services. The Complainant was bleeding from fingers as he had hit the door. He was said to be breathing, awake, and responding normally.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the NAPS between January 15, 2025, and January 23, 2025:

• Computer-aided Dispatch Report
• Occurrence Report
• Supplementary Reports
• Communications recordings
• Video footage - NAPS detachment
• Notes – SO #1, SO #2, WO #1 and WO #2

Materials Obtained from Other Sources

The SIU received the Complainant’s medical records from the Mishkeegogamang nursing station on February 5, 2025, and the Thunder Bay Regional Health Sciences Centre on January 23, 2025.

The evidence collected by the SIU, including interviews with the Complainant and police witnesses, and video footage that captured the incident, gives rise to the following scenario. As was their legal right, neither subject official agreed an interview with the SIU. They did authorize the release of their notes.

The Complainant was arrested for assault in the evening of January 13, 2025, and lodged in police cells at the NAPS Mishkeegogamang Detachment. After the Complainant made suicidal utterances, officers entered his cell, removed his clothing and had him put on a security gown. The Complainant began to bite and tear the gown, giving rise to concern among the Complainant’s custodians that he could use the gown or its pieces to self-harm.

SO #1, SO #2 and WO #1, entered the cell to remove the gown. The officers took hold of the clothing and exited the cell, pushing the Complainant away several times to create space when he attempted to follow them out. After the last such push, the officers closed the cell door behind them. The Complainant, having rushed the door again, had his left hand caught between the door jamb and door. Realizing what had happened, the officers opened the door to relieve the pressure before providing first-aid to the Complainant.

The Complainant was taken to the nursing station in Mishkeegogamang and diagnosed with fractures of two left fingers.

Sections 219 and 221, Criminal Code - Criminal Negligence Causing Bodily Harm

219 (1) Every one is criminally negligent who

(a) in doing anything, or

(b) in omitting to do anything that it is his duty to do,

shows wanton or reckless disregard for the lives or safety of other persons.

(2) For the purposes of this section, duty means a duty imposed by law.

221 Every person who by criminal negligence causes bodily harm to another person is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than 10 years; or (b) an offence punishable on summary conviction.

The Complainant was seriously injured on January 13, 2025, while in the custody of the NAPS. The SIU was notified of the incident and initiated an investigation. SO #1 and SO #2 were identified as subject officials. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that either subject official committed a criminal offence in connection with the Complainant’s injuries.

The offence that arises for consideration is criminal negligence causing bodily harm contrary to section 221 of the Criminal Code. The offence is reserved for serious cases of neglect that demonstrate a wanton or reckless disregard for the lives or safety of other persons. It is predicated, in part, on conduct that amounts to a marked and substantial departure from the level of care that a reasonable person would have exercised in the circumstances. In the instant case, the question is whether there was a want of care on the part of the Complainant’s custodians, including SO #1 and SO #2, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s injuries. In my view, there was not.

At the outset, I accept that the Complainant was lawfully under arrest and in the custody of the NAPS following a complaint made to police by a woman, reporting that he had assaulted her.

I also accept that the officers who dealt with the Complainant in police cells, including SO #1 and SO #2, comported themselves within the limits of care prescribed by the criminal law. It is regrettable that the Complainant had his fingers crushed by the cell door, but I am unable to attribute that misfortune to any neglect on the part of the officers. They had done what they could to create distance with the Complainant, and were within their rights in closing the door behind them. That the Complainant was able to reach the door before it was fully closed was, in my view, more a function of his tenacity than any miscalculation on the part of the officers. Following the incident, the officers responded appropriately by rendering first-aid and taking the Complainant to the nursing station.

For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: May 8, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit