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 injuries of a 32-year-old man (the “Complainant”) by the police.

Notification of the SIU[1]

On June 23, 2025, at 10:05 a.m., the Guelph Police Service (GPS) contacted the SIU with the following information.

On June 23, 2025, at 2:30 a.m., the subject official (SO) and witness official (WO) observed the Complainant strike a female. The SO confronted the Complainant, who immediately fled on foot. The Complainant scaled a fence, followed by the SO. After a short distance, the Complainant abruptly stopped and the SO ran into him, causing both to fall to the ground. The Complainant was arrested and, at 2:32 a.m., Emergency Medical Services (EMS) were requested when he complained of shoulder pain. He was transported via EMS to Guelph General Hospital (GGH) and diagnosed with a fractured left clavicle.

The Team

Date and time team dispatched: 2025/06/23 at 10:20 a.m.

Date and time SIU arrived on scene: 2025/06/23 at 11:20 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

32-year-old male; interviewed; medical records obtained and reviewed.

The Complainant was interviewed on June 23, 2025.

Subject Official

SO Interviewed, but declined to submit notes, as is the subject official’s legal right

The subject official was interviewed on July 16, 2026

Witness Official

WO Interviewed; notes received and reviewed

The witness official was interviewed on June 27, 2025

The Scene

The events in question transpired in and around a parking lot in the area of Wyndham Street North and Woolwich Street, Guelph.

Video/Audio/Photographic Evidence[2]

GPS Communications – Radio

On June 23, 2025, at 2:27 a.m., the SO and WO were dispatched to the area of Wyndham Street North and Woolwich Street for a disturbance.

At 2:30 a.m., the SO advised that the Complaint was in custody.

At 2:32 a.m., the SO requested an ambulance.

At 2:57 a.m., EMS were said to be transporting the Complainant to GGH with the SO onboard.

GPS Communications Recordings - Telephone

On June 23, 2025, at 2:26 a.m., a male called GPS and advised that two individuals were having a dispute and throwing things at one another.

At 2:32 a.m., a GPS communicator requested EMS for the Complainant’s shoulder pain.

At 2:32 a.m., a female contacted GPS to report a male laying on the ground screaming with two men standing over him. The GPS call-taker advised that police were on scene, and the call ended.

GPS Body-worn Camera (BWC) Footage - SO

On June 23, 2025, starting at about 2:29 a.m., the SO was captured exiting a police vehicle and directing the Complainant to stop. He did not stop, and the SO ran after him, repeatedly telling him to stop. The SO climbed over a metal railing leading into a parking lot.

Starting at about 2:30 a.m., the SO collided with the Complainant, causing him to fall to the ground. The Complainant immediately cried out in pain. The WO arrived and placed the Complainant in handcuffs behind the back. The Complainant said, “Ow, ow, ow. My left shoulder.” The SO requested an ambulance for the Complainant’s shoulder pain.

The Complainant complained of pain in his feet, which he thought was the result of a jump over a railing.

Starting at about 2:45 a.m., the SO had a phone conversation with an unknown individual. He stated, “We rolled up on them, they were arguing, screaming at each other, he smacked her and walked away, and we went after him.” He further stated, “He jumped a pretty good fence, landed on his feet and rolled onto his shoulder, then ran through a parking lot and right when I was about to grab him, he stopped. I pushed into him, and he hit the ground pretty hard.”

Video Footage – Non-residential Building

The Complainant was captured running through a parking lot, followed by the SO and the WO, all within a few seconds of each other.

Materials Obtained from Police Service

The SIU obtained the following records from the GPS between June 24, 2025, and June 25, 2025:

• Names and roles of involved police officers
• Notes of WO
• General Occurrence Report
• Arrest Report
• Communications recordings
• Computer-aided Dispatch (CAD) Report
• BWC footage
• Video footage from non-residential building
• Crown Brief Summary
• GPS policies - Use of Force; and, Arrest and Release

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from GGH on July 22, 2025.

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

In the early morning of June 23, 2025, the SO was on patrol in a GPS cruiser with the WO when they observed a male and female fighting in the area of Wyndham Street North and Woolwich Street. Shortly after, they heard a radio broadcast of a 911 call that had come in about the same incident. The WO drove up to the male and brought the cruiser to a stop, and both officers exited the vehicle.

The male was the Complainant. Told to stop by the SO, the Complainant asked why and walked away before starting to run. He travelled east across the north side of a residence, scaling a fence at the back of the driveway that dropped to a parking lot. He continued to run eastward across the parking lot and had made it to the northside of another residence when he collided with the SO and fell to the ground, breaking his collarbone in the process.

The SO had given chase and caught up to the Complainant after a brief foot pursuit of about 15 seconds. The WO followed the SO and arrived on scene promptly after the fall. The WO handcuffed the Complaint. The Complainant complained of pain to his left shoulder and foot.

Paramedics arrived on scene and transported the Complainant to hospital, where he was diagnosed with a broken left clavicle and a chipped bone in his right foot.

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.

The Complainant was seriously injured in the course of his arrest by GPS officers on June 23, 2025. The SIU was notified of the incident and initiated an investigation, naming the SO. The investigation is now completed. 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 arrest and injury.

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.

The SO had observed the Complainant throwing something at a female just before a radio transmission of a disturbance involved a male and female in the same area. On this record, he was within his rights in seeking to arrest the Complainant for assault. Thereafter, when the Complainant refused to stop and attempted to run away from the officer, the SO justifiably gave chase. The Complainant chipped a bone in his right foot when he fell several meters while scaling a fence during his flight from police. He is alone responsible for that injury. As for the collision that occurred, the evidence at its highest indicates the SO, having caught up to the Complainant, forced him to the ground. That would appear a sensible tactic as it would bring the flight to an end while positioning the officer to better deal with any continuing resistance by the Complainant, which the SO might reasonably expect of a fleeing subject.

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

Date: October 20, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit