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 discharge of a firearm by the police at a 22-year-old man (the “Complainant”).

Notification of the SIU[1]

On June 8, 2025, at 10:52 a.m.,[2] the Ontario Provincial Police (OPP) contacted the SIU with the following information.

The Complainant, while at a party overnight, grabbed a knife a woman was holding and injured his hand. He returned to his residence in Sabaskong First Nation, where a family member called Emergency Medical Services (EMS). EMS arrived and an argument ensued with the Complainant. He told EMS he had a firearm. EMS personnel left the residence and, at 6:30 a.m., they called the OPP. Twelve Emergency Response Team (ERT) officers, two canine unit officers and four Treaty Three Police Service (TTPS) officers were dispatched to the incident. The officers contained the scene and were informed that the Complainant, and his brother and a Civilian Witness (CW), were inside the residence. At 8:44 a.m., the Complainant walked out of the residence. The Subject Official (SO) deployed two Anti-riot Weapon Enfield (ARWEN) rounds, striking the Complainant in the stomach area. The Complainant was arrested and charged with uttering threats and forcible confinement. He was also subject to outstanding warrants for assault and mischief at the time. The Complainant was not seriously injured but had bruising to his stomach area. Once he was secured, EMS returned to the scene and treated the cut to the Complainant’s hand.

The Team

Date and time team dispatched: 2025/06/09 at 7:44 a.m.

Date and time SIU arrived on scene: 2025/06/11 at 10:59 a.m.

Number of SIU Investigators assigned: 2

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on June 11, 2025.

Civilian Witness

CW Interviewed

The civilian witness was interviewed on June 11, 2025.

Subject Official

SO Interviewed; notes received and reviewed

The subject official was interviewed on June 16, 2025.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

WO #4 Not interviewed; notes reviewed and interview deemed unnecessary

WO #5 Not interviewed; notes reviewed and interview deemed unnecessary

WO #6 Not interviewed; notes reviewed and interview deemed unnecessary

The witness officials were interviewed between June 16, 2025, and June 17, 2025.

The Scene

The events in question transpired in and around a residence located in Sabaskong First Nation.

Physical Evidence

On June 12, 2025, the SIU attended the OPP Kenora Detachment to obtain items of evidence that had been collected from the scene by the OPP, including two ARWEN casings and one ARWEN projectile.[3]

Figure 1 – The ARWEN

Figure 2 – The ARWEN projectile

Video/Audio/Photographic Evidence[4]

Communications Recordings

On June 8, 2025, at 6:00 a.m., the OPP received a telephone call from Kenora EMS requesting that OPP attend with EMS at a residence in Sabaskong First Nation regarding a stabbing. The victim [the Complainant] had been at the Band office but returned to his home. EMS advised there was bleeding and injuries to the Complainant’s head and hand after he was assaulted by two people in the community.

At 6:05 a.m., the CW called to report an assault in progress. She reported that one of her sons, possibly the Complainant, was bleeding badly and the dispute was ongoing.

At 6:27 a.m., Kenora EMS called the OPP to report that the Complainant was at a residence in Sabaskong First Nation and had threatened he was going to retrieve a firearm. The EMS personnel had cleared the scene and were requesting police. No firearm had been observed.

The TTPS dispatcher advised officers of an assault at a residence in Sabaskong First Nation. Kenora EMS reported that the Complainant had been stabbed and was bleeding from his head and hand. He had been assaulted by two members of the community and returned to his home.

Officer #1 and WO #5 attended the residence in Sabaskong First Nation and entered the home. EMS personnel were treating the Complainant for injuries to his hand, leg and head. The Complainant would not provide information regarding who was responsible for his injuries, but information was subsequently reported indicating that a woman had pepper-sprayed the Complainant. The woman was said to be holding a knife, which the Complainant grabbed, cutting his hand in the process.

EMS called again to report that the Complainant had threatened to retrieve a gun, prompting EMS personnel to leave the Complainant’s residence. WO #4 directed officers to stage outside the residence and to release the woman unconditionally, as she would be dealt with later. WO #4 confirmed paramedics had not been threatened and he requested that ERT officers respond.

WO #4 reported the house was contained and the Complainant was swearing at police and calling out, “Do something,” to provoke police to act. The Complainant’s brother was also in the house and uncooperative. The Complainant said he was keeping his brother hostage, and he would not come out until police came in and got him.

WO #4 spoke to the CW, who was in the residence and bedridden. She said there were no firearms in the home, but that could not be confirmed. WO #4 was negotiating with the Complainant on the phone. The Complainant claimed to have .22 calibre slugs in the home. The Complainant had warned police to back off or he would start “blasting”. WO #4 reported firearms had been seized from the home a few months prior.

The Complainant reportedly stated he was either coming out swinging or coming out

shooting. He also said he would bleed out before the police could come in and get

him. He wanted the police to shoot him. The Complainant was at a window with a steak knife in his right hand and his left-hand bleeding heavily.

WO #3 reported the Complainant was either becoming more intoxicated or was suffering from blood loss, as he was becoming less coherent. WO #3 also reported the Complainant might have stabbed himself, as he had a fresh injury to his forehead and his side, and his physical condition was worsening. The Complainant returned to a window and said he was ready to slit his throat.

WO #3 reported the Complainant had exited the front door. Officers then reported the Complainant was in custody.

TTPS Body-worn Camera (BWC) Footage

At 6:03 a.m. (Central Time), June 8, 2025, TTPS WO #4 arrived at a residence in Sabaskong. WO #4 gathered information as to who had been seen inside the residence.

At 6:07 a.m. (Central Time), WO #4 contacted the CW by telephone, and she told him there were no firearms in the home. WO #4 also contacted the Complainant by telephone and asked him to come outside and surrender. During the conversation, the Complainant was evasive regarding possessing a firearm. He claimed to have .22 calibre slugs. The call ended with the Complainant saying, “Back off or I am going to start blasting.”

WO #4 spoke again to the Complainant through a window. The Complainant would still not confirm or deny if there were weapons in the residence. The Complainant appeared at another window and spoke to officers, with his left hand hanging out the window. The Complainant’s left hand was bandaged and bleeding heavily. He told police, “I am either going out bleeding or I am going out swinging.”

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP and the TTPS between June 11, 2025, and August 18, 2025.

• General Occurrence Report
• OPP ERT Report
• Communications recordings
• Computer-aided Dispatch Report
• List of involved officers
• BWC footage [TTPS]
• In-car Camera footage [OPP]
• OPP notes - WO #1, WO #2
• TTPS notes –
• OPP policies – Barricaded Person; and Tactical Unit

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from Lake of the Woods District Hospital (LWDH) on June 13, 2025.

The evidence collected by the SIU, including interviews with the Complainant, the SO, and additional civilian and police witnesses, and video footage that captured the incident in part, gives rise to the following scenario.

In the morning of June 8, 2025, police received a call from Kenora EMS about a situation at a residence in Sabaskong First Nation. Paramedics, having been dispatched to the residence to treat a male – the Complainant – for an injury to his hand, had fled the residence concerned for their safety after the Complainant had threatened to retrieve a firearm.

An intoxicated Complainant had returned to his mother’s home from a gathering at which he sustained a serious laceration to his left hand after grabbing a knife from a female.

TTPS officers were the first on scene. They established a perimeter around the home and attempted to have the Complainant surrender peacefully. The Complainant refused to exit the home and warned that he would shoot officers if they attempted to enter the residence. With a concern about the possible presence of firearms in the home, and the fact that the Complainant was in the residence with his mother and brother, police requested the assistance of ERT officers from TTPS and the OPP.

ERT officers, including the SO, arrived on scene and took over containment of the inner perimeter. Negotiations continued with the Complainant by way of verbal communications through the home’s windows and telephone. The Complainant asked for, and was provided, cigarettes, left for him at the front door. He continued to remain inside.

At about 8:35 a.m., approximately two-and-a-half hours from the arrival of the first TTPS officers on scene, the Complainant stepped outside through the front door onto a porch. He had his hands up near his head, initially, as if he were surrendering to police, but shortly lowered his arms and failed to come down the ramp that led from the porch. Standing some distance by the southeast side of the house, the SO fired his ARWEN twice at the Complainant. The first shot struck the Complainant’s abdomen; the second, his left upper arm. Following the second ARWEN deployment, the Complainant returned inside the house, closing the door behind him.

About ten minutes later, the Complainant emerged from the house and complied with police directions. He was arrested and taken into custody without further incident.

The Complainant had sustained a wound from the ARWEN projectile to the left upper arm that was closed with staples. The projectile that struck his abdomen caused bruising.

Section 25(1), Criminal Code - Protection of Persons Acting Under Authority

25 (1) Every one who is required or authorized by law to do anything in the administration or enforcement of the law

(a) as a private person,

(b) as a peace officer or public officer,

(c) in aid of a peace officer or public officer, or

(d) by virtue of his office,

is, if he acts on reasonable grounds, justified in doing what he is required or authorized to do and in using as much force as is necessary for that purpose.

Section 264.1, Criminal Code - Uttering Threats

264.1 (1) Every one commits an offence who, in any manner, knowingly utters, conveys or causes any person to receive a threat

(a) to cause death or bodily harm to any person;

(b) to burn, destroy or damage real or personal property; or

(c) to kill, poison or injure an animal or bird that is the property of any person.

On June 8, 2025, the OPP contacted the SIU to report that one of their officers had earlier that day fired an ARWEN at a male – the Complainant. The SIU initiated an investigation, naming the SO the subject official. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the use of his ARWEN.

Pursuant to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law.

With information at their disposal that he had caused paramedics concern for their safety when he mentioned a firearm, I am satisfied that the officers involved in the operation that culminated in the Complainant’s arrest, including the SO, were within their rights in seeking to take him into custody for ‘threatening’ contrary to section 264.1 of the Criminal Code.

I am also satisfied that the force used by the SO in aid of the Complainant’s arrest was lawful. At the time the SO discharged his ARWEN, the standoff was well into its third hour and there was some urgency to arresting the Complainant. They had reason to believe that he might be in possession of a firearm, they had seen him with knives in his hands, he had a serious cut to his left hand that required medical attention, and his condition seemed to be becoming less and less stable. On this record, when the Complainant stepped out the front door as if to surrender but then paused, it made sense to use the ARWEN. If it worked as intended, the weapon would temporarily incapacitate the Complainant from a distance, avoiding the risks associated with a hands-on engagement at close range, allowing for his safe apprehension without the infliction of serious injury and the provision of prompt medical care for his hand injury.

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

Date: October 6, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit