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 27-year-old man (the “Complainant”).

Notification of the SIU[1]

On June 29, 2025, at 3:56 a.m., the Niagara Regional Police Service (NRPS) notified the SIU of a serious injury to the Complainant.

According to the NRPS, on June 29, 2025, at 1:19 a.m., an employee of a bar in Fort Erie called the NRPS to report that they had refused service to the Complainant due to the Complainant’s level of intoxication. After the refusal, the Complainant got on a black dirt bike motorcycle and rode away from the bar. At 1:21 a.m., the Subject Official (SO) and Witness Official (WO) #1 arrived in the area in in separate police vehicles. The SO observed the motorcycle on King Street and activated his emergency lights and siren in an attempt to stop the vehicle. The Complainant accelerated and fled without stopping. The SO de-activated his emergency equipment and stopped. He then continued in the same direction and, near the intersection of Beatrice Street and Albany Street, located the Complainant sitting on a lawn. The Complainant was arrested for impaired driving. He was transported to the Greater Niagara General Hospital by Niagara Emergency Medical Services (EMS), where he was diagnosed with a broken right clavicle.

The Team

Date and time team dispatched: 2025/06/29 at 4:17 a.m.

Date and time SIU arrived on scene: 2025/06/29 at 6:00 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

Not interviewed (declined)

Subject Official (SO)

SO Declined interview and to provide notes, as is the subject official’s legal right

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Not interviewed; notes reviewed and interview deemed unnecessary

The witness officials were interviewed on July 3, 2025.

The Scene

The events in question began on Garrison Road, east of King Street, continued west on Garrison Road and then south on King Street, and concluded in and around the intersection of Beatrice Street and Albany Street, Fort Erie.

Scene Diagram

Physical Evidence

On June 30, 2025, at 8:25 a.m., SIU forensic services arrived on King Street, north of Albany Road and south of Garrison Road, Fort Erie. The location was documented with digital images.

King Street was a two-lane asphalt roadway, with one lane northbound and one lane southbound. Residential buildings were on both sides of the street south of Madison Street. At the southern end, King Street curved to the east and intersected with Albany Street, which crossed on an angle from southwest to northeast. King Street had a stop sign for south traffic on Albany Street. Albany Street had stop signs on the east side of King Street. The intersection of Beatrice Street and Albany Street was slightly west of the intersection of King Street and Albany Street. Beatrice Street had a stop sign for northbound Beatrice Street traffic at Albany Street.

Within the intersection of Beatrice Street and Albany Street was a black and white Yamaha, off-road, motorcycle. The motorcycle lay on its right side on an angle with the front wheel towards the northeast and the rear wheel towards the southwest. Impact marks were visible from the north across the road surface to the motorcycle. The distance from the first gouge mark to the front of the motorcycle was 11.97 metres. Loose debris was on the roadway to the west of the motorcycle. Tire marks were visible on the roadway and the north sidewalk of Albany Street. Tire marks were also visible along the grass verge between the north sidewalk of Albany Street and the west sidewalk of King Street. Tire scuff transfer marks continued from the grass across the sidewalk at the driveway of 13 King Street, and they were visible along the road from north of this point for 27 metres, near the driveway of 15 King Street. The scuff marks continued as lighter and less visible surface marks for an additional 21 metres near the driveway of 19 King Street.

The road markings indicated the motorcycle travelled south along King Street. It began to skid and continued in a southerly direction as the road curved to the east. The motorcycle crossed the sidewalk, left the road, and continued south across a grassy area between King Street and Albany Street. It then crossed the north sidewalk of Albany Street and dropped off the curb to the road, where it appeared to have toppled and impacted the surface. It then slid to its final resting place.

Forensic Evidence

Global Positioning System (GPS) Data - The SO’s Vehicle

At 1:20:03 a.m., June 29, 2025, the cruiser was stationary in a parking lot at 224 Garrison Road, Fort Erie, with its emergency lights and siren off.

At 1:20:51 a.m., the cruiser travelled at 33.5 km/h eastbound at 235 Garrison Road with its emergency lights and siren off.

At 1:21:16 a.m., the cruiser travelled at 41.7 km/h west on Garrison Road, east of King Street, with its emergency light activated and siren off.

At 1:21:32 a.m., the cruiser travelled at 18.1 km/h southbound at 60 King Street with its emergency lights and siren off.

At 1:21:37 a.m., the cruiser travelled at 5.2 km/h just south of 60 King Street with its emergency lights and siren off.

At 1:21:52 a.m., the cruiser travelled at 14.8 km/h southbound at 39 King Street with its emergency lights and siren off.

At 1:22:43 a.m., the cruiser travelled at 15.4 km/h southbound at 11 King Street with its emergency lights and siren off.

At 1:22:50 a.m., the cruiser was stationary at Albany Street and Beatrice Street with emergency lights activated.

Video/Audio/Photographic Evidence[2]

Video Footage - Canadian Tire Gas Bar – 255 Garrison Road

The camera faced eastward down Garrison Road towards King Street.

Starting at about 1:19:33 a.m., June 29, 2025, a NRPS cruiser [driven by the SO] exited a parking lot on the south side of Garrison Road, west of King Street. The SO travelled east on Garrison Road, stopping for a red light at King Street.

Starting at about 1:19:51 a.m., a second NRPS SUV [WO #1] came out of the same parking lot and turned left to go westbound on Garrison Road. The light turned green for the SO, and he continued to head east on Garrison Road.

Starting at about 1:20:05 a.m., emergency lights [now known to be the SO’s police vehicle] were seen on Garrison Road, as the officer drove westward, back towards King Street. The SO made a left turn onto King Street from Garrison Road and headed south.

Starting at about 1:20:11 a.m., buildings and trees blocked a view of the SO’s cruiser as it headed south.

Starting at about 1:20:15 a.m., a NRPS cruiser [driven by WO #1] travelled east on Garrison Road.

Starting at about 1:20:24 a.m., WO #1 stopped at the intersection of King Street.

Video Footage from a Residence

A motorcycle was captured passing the residence and travelling south on King Street at a high rate of speed. A NRPS cruiser followed. The cruiser had its emergency lights activated.

NRPS Communications Recordings & Computer-aided Dispatch (CAD) Report

On June 29, 2025, at 1:18 a.m., an employee at a bar called 911 and reported an impaired driver. The driver was wearing a motorcycle helmet, and had mounted a dirt bike motorcycle, riding it along Niagara Boulevard towards Crescent Park. The licence plate on the bike was identified as registered to someone in Niagara Falls.

At 1:20 a.m., the SO advised the dispatcher he was en route.

At 1:21:31 a.m., the SO was at Garrison Road and King Street, and the motorcycle had taken off from him.

At 1:21:47 a.m., the SO advised that the motorcycle was southbound on King Street and that he was not pursuing.

At 1:22:38 a.m., WO #1 acknowledged that the SO had stopped and was not in pursuit.

At 1:22:45 a.m., the SO advised that the motorcycle had crashed at Beatrice Street and Albany Street. The SO asked for an ambulance. He advised that the motorcyclist had his helmet on. The motorcyclist appeared to be on drugs and impaired by alcohol. He was about 16 metres away from the motorcycle.

At 1:30 a.m., WO #1 advised that the motorcyclist was moving around on his own. He had identified himself as the Complainant.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the NRPS between July 2, 2025, and August 14, 2025:

• CAD Report
• Communications recordings
• Scene measurements
• Notes - WO #3, WO #1 and WO #2
• NRPS Motor Vehicle Collision Report
• NRPS Order - Suspect Apprehension Pursuit
• NRPS Prosecution Summary
• Training records – the SO
• GPS data – the SO’s cruiser

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between July 3, 2025, and July 11, 2025:

• Video footage from Canadian Tire Gas Bar
• Video footage from a private residence in the area of King Street and Garrison Road
• Ambulance Call Report from Niagara EMS

The evidence collected by the SIU, including video footage that captured the incident in part, gives rise to the following scenario. As was his legal right, the SO chose not to interview with the SIU or authorize the release of his notes.

In the early morning of June 29, 2025, NRPS received a call about an impaired driver. An employee at a bar in Fort Erie reported that a male under the influence of alcohol had left the establishment riding a motorcycle.

The SO was stationary in his cruiser at 224 Garrison Road when he picked up the call and began to respond to the area. The officer quickly located the motorcyclist travelling west on Garrison Road, and made a U-turn to follow him, activating his emergency lights.

The male – the Complainant – continued west on Garrison Road a short distance to King Street, where he turned left to travel south. He continued southward at speed towards Albany Road, where he jumped the curb at the northwest corner of the intersection, lost control of his vehicle, and crashed.

The SO had disengaged shortly after turning onto King Street from Garrison Road, pulling over and coming to a stop. He shortly resumed his travel south on King Street and came upon the crashed motorcycle and the Complainant lying on the ground.

The Complainant was arrested for impaired driving and transported to hospital. He suffered a fractured right clavicle in the collision.

Section 320.13 (2), Criminal Code – Dangerous Operation Causing Bodily Harm

(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

The Complainant was seriously injured in a motor vehicle accident on June 29, 2025, in Fort Erie. As the motorcycle he was operating was briefly followed by a NRPS officer prior to the crash, the SIU was notified of the incident and initiated an investigation. The SO was identified as 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 Complainant’s injury.

The offence that arises for consideration is dangerous driving causing bodily harm contrary to section 320.13(2) of the Criminal Code. As an offence of penal negligence, a simple want of care will not suffice to give rise to liability. Rather, the offence is predicated, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have observed in the circumstances. In the instant case, the issue is whether there was a want of care in the manner in which the SO operated his vehicle, sufficiently egregious to attract criminal sanction, that caused or contributed to the collision. In my view, there was not.

The SO was engaged in the exercise of his duty when he began to make his way to the scene of a reported impaired river. On observing the motorcyclist in question, the officer did what one would expect – he turned on his cruiser’s emergency lights to signal the driver to pull over. Regrettably, the Complainant did not pull over; rather, he continued west on Garrison Road and then south on King Street. The SO followed for a brief period at moderate speeds but promptly, and wisely, discontinued on King Street when it became clear that the Complainant would not stop. He was well back of the motorcycle when the Complainant lost control and crashed. On this record, there is no suggestion of any want of care on the part of the SO in relation to the collision.

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

Date: October 15, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit