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 24-year-old man (the “Complainant”).

Notification of the SIU[1]

On July 8, 2025, at 5:25 p.m., the Thunder Bay Police Service (TBPS) contacted the SIU with the following information.

On July 7, 2025, the Subject Official (SO) obtained a general search warrant to conduct a controlled delivery at a residence in northern Thunder Bay, and to search the residence. At 12:27 p.m., an undercover police officer delivered the package to the residence. The controlled substance had been replaced by an imitation substance. A person opened the door, picked up the package and entered the residence. At 12:30 p.m., police officers entered the residence and located two men sitting on a couch, the Complainant and Civilian Witness (CW) #1. At 12:32 p.m., the SO arrested the Complainant. He was transported to the Thunder Bay Jail where, during the intake process, he complained of a sore shoulder. The Complainant was transported by TBPS officers to the Thunder Bay Regional Health Sciences Centre (TBRHSC) and diagnosed with a broken clavicle.

The Team

Date and time team dispatched: 2025/07/08 at 8:27 p.m.

Date and time SIU arrived on scene: 2025/07/09 at 5:15 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on July 10, 2025.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

The civilian witnesses were interviewed between July 10, 2025, and July 23, 2025.

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 Interviewed; notes received and reviewed

WO #4 Interviewed; notes received and reviewed

The witness officials were interviewed between July 23, 2025, and July 28, 2025.

The Scene

The events in question transpired in the living room of a residence in northern Thunder Bay.

Video/Audio/Photographic Evidence[2]

TBPS Communications Recordings

An officer advised dispatch to record him and other members of a search team at a residence in northern Thunder Bay executing a general search warrant.

An unidentified officer advised dispatch that they were en route to the station with CW #3.

WO #3 advised dispatch that he was en route to the station with the Complainant and CW #1.

TBPS In-car Camera (ICC) Footage - WO #3

Starting at about 12:36:34 p.m., July 7, 2025, both rear doors of WO #3’s cruiser were opened. The Complainant was placed in the rear passenger side seat of the cruiser with his hands handcuffed behind the back. CW #1 was placed into the rear driver side seat of the cruiser with his hands handcuffed behind the back.

Starting at about 12:37:40 p.m., CW #1 asked WO #3, "How long you been a cop?" WO #3 replied, "For a while." CW #1 stated, "You weren’t bad, my boy’s a weirdo." The Complainant stated, "Your buddy’s a weirdo." WO #3 replied, "The guy that was in the basement there?" CW #1 stated, "Ya, he’s like power tripping and shit, like come on." The Complainant added, "Unnecessary shit."

Starting at about 12:42:32 p.m., CW #1 asked the Complainant, "Did they kick in the front door, or they just opened it?" The Complainant replied, "Ya, they booted it, I heard the boot and then seen them downstairs."

Starting at about 12:43:38 p.m., the Complainant said something about his "shoulder"; however, most of what he said was unintelligible.

Starting at about 12:45:30 p.m., the Complainant told CW #1, "Punch me in the ribs, didn’t even feel it," and, "I don’t know what’s wrong with you guys, you guys need to do your job properly."

Starting at about 12:45:40 p.m., CW #1 and the Complainant spoke back and forth to each other, the latter stating, "Gave me two rib shots, I’m like what the fuck you doing? Trying put [unintelligible] in chicken wings and shit." The Complainant stated, "Unnecessary rib shots." CW #1 stated, "Hands up, get on the floor, power tripping, I don’t weigh more than 140 brother," as he spoke to the Complainant. He continued to state, "It’s the young one, I’m telling you, like his first raid." The Complainant replied, "It’s just a headache you know, unnecessary shit."

Starting at about 1:10:46 p.m., the Complainant stated, "I need to stretch out my arms man, try and put me in a chicken wing for no reason, what the fuck?"

Starting at about 1:13:57 p.m., CW #1 asked WO #3 if he could loosen his handcuffs. WO #3 advised that he would. He then said that they would be going inside for the booking procedure, and that he would deal with the issue then. The Complainant stated, "Tried to give me a drumstick, you know a chicken wing. I know you guys just came in here to whoop ass."

Starting at about 1:16:03 p.m., the Complainant stated, "I need to do my push ups to fix back my shoulder. My shoulder feels moshed right now."

Starting at about 1:17:14 p.m., CW #1 exited the cruiser. The Complainant remained in the back seat.

Starting at about 1:28:28 p.m., the Complainant exited the police cruiser.

TBPS Body-worn Camera (BWC) Footage – Officer #1

On July 7, 2025, starting at about 12:29:24 p.m., several unidentified TBPS officers walked in single file along a fence and approached a residence in northern Thunder Bay with their pistols holstered.

Starting at about 12:29:56 p.m., TBPS officers started to enter the front door of the residence.

Starting at about 12:31:45 p.m., an unidentified male officer out of camera view said, "They’re good." CW #3 was seated on the stairs leading to the upstairs area of the house. Voices could be heard coming from the downstairs area of the house but what was said could not be discerned.

Starting at about 12:33:13 p.m., CW #1 was escorted up the stairs into the foyer with his hands handcuffed behind his back by WO #2. CW #1 was escorted out the front door by WO #2 and said, "Stupid rookie cop, what the fuck was that?"

Starting at about 12:39:38 p.m., CW #3 exited the house.

TBPS Custody Footage – Booking

At 00:10 minutes into the footage, the Complainant and WO #3 appeared on camera entering the booking room area. The Complainant was handcuffed behind the back. WO #3 asked the Complainant whether he had any injuries. The Complainant answered in the negative. The Complainant was asked if he had any medical conditions. He replied "No, I just need to stretch my shoulder, and that’s it." WO #3 began to search the Complainant, and a discussion ensued between them about the search. Officer #1 stood near by.

At 01:48 minutes, WO #3 removed the Complainant’s handcuffs. The Complainant began to move his right arm in a circular motion as the search continued.

At 02:26 minutes, the Complainant asked WO #3 if he could stretch his arm and WO #3 advised him that he could. He started to move his right arm in a circular motion as he held his right shoulder with his left hand.

At 03:40 minutes, the Complainant held both arms straight out to his side and moved them in a circular motion. WO #3 instructed the Complainant to put his arms out like a “T". The Complainant did so, holding both arms straight out to his side at shoulder level. The Complainant was instructed to sit on the metal bench. While seated on the bench, he continued to favour his right shoulder and move his right arm, holding his right shoulder with his left hand.

At 06:52 minutes, the Complainant grabbed the edge of the metal bench with his right hand and slid his body to the left, stretching his right shoulder while he held it with his left hand.

At 08:33 minutes, the Complainant continued to favour his right shoulder, moving his right arm into various positions.

At 10:37 minutes, the Complainant lifted both arms straight up over his head and then lowered them, continuing to favour his right shoulder.

At 11:50 minutes, the Complainant stood up and was escorted by WO #3 and Officer #1 through an open door next to the booking counter, out of camera view.

TBPS Custody Footage – Cells

The footage did not contain an audio track.

The Complainant’s actions and movements while in his cell were consistent with his

actions and movements during the booking procedure.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the TBPS between July 14, 2025, and July 24, 2025.

• Communications recordings
• Computer-aided Dispatch Report
• General, Supplementary and Arrest Reports
• Call-signs for involved police officers
• Booking and lodging reports

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from the TBRHSC on July 23, 2025.

The evidence collected by the SIU, including interviews with the Complainant and other witnesses, both police and non-police, gives rise to the following scenario. As was his legal right, the SO did not agree an interview with the SIU or the release of his notes.

In the early afternoon of July 7, 2025, the Complainant was sitting on a sofa with CW #1, in the lower level of a residence in northern Thunder Bay when the home was raided by police. The Complainant and CW #1 were arrested on drug trafficking charges and taken into custody.

The SO was the lead investigator of an investigation focused on the address as a location of drug trafficking. On July 7, 2025, having obtained a general warrant under the Criminal Code, a parcel containing imitation drugs was delivered to the residence. A person retrieved the package from the front porch and returned with it inside. Shortly after, a team of plainclothes officers entered the house.

The SO led the way and made his way to the basement. He confronted the Complainant on the sofa, took him to the floor and, with assistance from WO #3, handcuffed him behind the back. Other officers took CW #1 into custody.

The Complainant was lodged in police cells and subsequently transferred to a detention facility. He complained of pain in his right shoulder and was transported to hospital where he was diagnosed with a fractured right shoulder.

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 TBPS officers on July 7, 2025. The SIU was notified of the incident and 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 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 and the rest of the team of officers who entered the residence in northern Thunder Bay were acting on the authority of a general warrant that named the address as a target in a drug trafficking investigation. In the circumstances, I am satisfied that the SO was within his rights in arresting the Complainant on drug charges.

As for the force used against the Complainant in his arrest, the evidence falls short of reasonably establishing it was excessive. There is a version of events proffered in the evidence that the Complainant was punched in the ribs twice by an officer and had his arm twisted behind the back during the handcuffing process, the latter resulting in his broken right shoulder. This evidence suggests that the Complainant did not resist arrest and that the force used was unnecessary. On the other hand, WO #3, who assisted the SO in the Complainant’s arrest, says that the Complainant did not readily surrender his arms to be handcuffed, and that he had to force his left arm behind the back before the handcuffs were secured. In the context of a dynamic situation, in which it was imperative that the targets of the investigation be arrested as soon as possible, two punches to the torso of a recalcitrant Complainant followed by some grappling to wrestle his right arm behind the back would not necessarily seem unwarranted. On this record, there being no reason to believe the incriminating version of events is any closer to the truth than that proffered by WO #3, I am unable to reasonably conclude that unjustified force was brought to bear against the Complainant.

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

Date: October 30, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit