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 a 34-year-old woman (the “Complainant”).

Notification of the SIU[1]

On July 31, 2025, at 2003 p.m., the Chatham-Kent Police Service (CKPS) contacted the SIU with the following information,

At 11:40 a.m., July 31, 2025, the Complainant was arrested for failing to comply with conditions of a release order. She was taken to the police station and searched, and subsequently transported to the courthouse where she was remanded into custody. At 4:35 p.m., officers attending at the courthouse cells to transport her to the detention center found the Complainant unresponsive. The officers administered two doses of Narcan (naloxone), and emergency medical services were summoned. The Complainant was taken to Chatham-Kent Health Alliance (CKHA). During her triage she admitted to having consumed fentanyl. The Complainant was admitted for observation and placed on a Narcan intravenous drip. At the time of the notification, the Complainant was conscious.

The Team

Date and time team dispatched: 2025/08/01 at 10:35 a.m.

Date and time SIU arrived on scene: 2025/08/01 at 3:42 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

34-year-old female; interviewed; medical records obtained and reviewed

The Complainant was interviewed on August 1, 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

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 on August 21, 2025.

The Scene

The events in question transpired in the booking area of the CKPS station, 24 3rd Street, Chatham, and in and around a cell of the Chatham Courthouse, 425 Grand Avenue West, Chatham.

Physical Evidence

A black vial was recovered from the top of the mattress in a cell of the Chatham Courthouse. It was approximately 6 cm long with a screw lid.

Video/Audio/Photographic Evidence[2]

Police Communications Recordings

On July 31, 2025, at 11:40:12 a.m., WO #1 contacted dispatch to confirm there were “RPGs” for the Complainant’s arrest. At 11:42:48 a.m., the SO provided that confirmation.

At 4:44:00 p.m., WO #6 requested Emergency Medical Services (EMS). A courthouse prisoner [now known to be the Complainant] was breathing normally but experiencing a decreased level of consciousness.

In-car Camera (ICC) Video – WO #1’s Cruiser

The ICC recording captured the Complainant in the backseat of WO #1’s police vehicle from 11:47:48 a.m. until 11:52:44 a.m., July 31, 2025.

Starting at about 11:47:58 a.m., the Complainant was seated in the rear passenger side of WO #1’s police vehicle, handcuffed behind the back and sitting upright.

Starting at about 11:48:42 a.m., WO #1 advised the Complainant of the reason for her arrest and read her constitutional rights and a caution. The Complainant acknowledged and gave WO #1 the name of her lawyer.

Starting at about 11:50:30 a.m., the Complainant reached into her right front pants pocket with her right hand as the police vehicle was in motion. It was unclear if she pulled anything out as she kept her hand on her lap. She then leaned forward, and her hair blocked the camera view.

Starting at about 11:50:47 a.m., the Complainant put a black vial down the front of her pants.

Starting at about 11:50:56 a.m., the Complainant reached down the front of her pants behind her belt; her hand was in the front of her pants for ten seconds.

Starting at about 11:51:06 a.m., the Complainant removed her hand from her pants, as she sat upright with her head down.

Starting at about 11:52:44 a.m., WO #1 opened the passenger door and the Complainant exited the vehicle without assistance. They had arrived at the CKPS sally port.

Nothing of evidentiary value was captured by the ICC when the Complainant was subsequently transported from the CKPS to the Chatham Courthouse.

Police Booking Video

On July 31, 2025, starting at about 11:53:08 a.m., the Complainant was escorted into the booking area by WO #1 and seated on a bench. She mumbled at a low volume but was conscious and cooperative.

Starting at about 11:55:38 a.m., the SO asked the Complainant if she had consumed any illegal drugs that day. She admitted to fentanyl and marijuana use, and said she felt fine. The Complainant did not specify the quantity of drugs consumed. She indicated she did not require medical attention or medications, and was not suicidal.

Starting at about 11:56:46 a.m., WO #2 searched the Complainant’s pants pockets and removed multiple small items. WO #2 quickly traced her finger between the Complainant’s belt and waistband. WO #2 removed the handcuffs on the Complainant and frisked both pants legs and cuffs. WO #2 briefly ran the back of her hand along the centre and bottom of the Complainant’s breasts and between her shoulder blades. The Complainant removed her bracelets, wristbands, necklace and belt. She also removed her boots and socks and exposed the bottom of her feet.

Starting at about 12:03:06 p.m., the SO provided the Complainant a jumpsuit to wear, and WO #1 gave her a granola bar as she continued to sit on the bench.

Starting at about 12:14:02 p.m., the Complainant was escorted from the booking area by the SO and WO #1.

Starting at about 12:19:35 p.m., the Complainant was returned to the booking area by WO #1. She donned her boots, and was handcuffed behind the back and escorted out of the booking area.

Courthouse Booking and Cell Video

On July 31, 2025, starting at about 12:30 p.m., the Complainant was brought to the Chatham Courthouse.

Starting at about 12:31 p.m., the Complainant had her property secured in a locker.

Starting at about 12:33 p.m., the Complainant was brought to a cell. She put the mattress on the floor, laid down on it and ate food from a paper bag.

Starting at about 3:37 p.m., the Complainant was woken by a special constable, handcuffed in front of her body and taken out of camera view.

Starting at about 3:40 p.m., the Complainant was returned to the cell, unhandcuffed, and placed inside by the special constable.

Starting at about 3:41 p.m., the Complainant stood on the mattress, unzipped her jumpsuit and reached down into her crotch area. She then sat down on the mattress cross-legged with her hands clasped in her lap. The Complainant manipulated something in her hand and twisted off a cap.

Starting at about 3:42 p.m., the Complainant was captured with a black vial in her right hand, pouring something into her left hand. She then screwed the lid back on, as she palmed the vial in her right hand.

Starting at about 3:43 p.m., the Complainant clenched the vial in her right hand as she rolled whatever substance she had poured into her hand with her fingers. She then sat on the floor. The Complainant was provided a drink and two granola bars. She immediately drank the juice and put in her mouth the substance she had in her left hand. She then licked her left hand, drank some more juice, ate a granola bar and laid down.

Starting at about 3:50 p.m., the Complainant sat up and twisted the cap off the vial and consumed more of the substance from the container. She then laid back down with the vial still in her left hand.

Starting at about 3:53 p.m., the Complainant sat back up and consumed more of the substance from the vial and then laid back down.

Starting at about 4:12 p.m., a cell check was done on the Complainant. She appeared to be sleeping.

Starting at about 4:31 p.m., a special constable entered the Complainant’s cell. He shook the mattress but got no response.

Starting at about 4:32 p.m., the special constable shook the Complainant in an effort to rouse her.

Starting at about 4:33 p.m., WO #6 twice attempted to get the Complainant to her feet. He administered a dose of nasal naloxone as the Complainant was placed on her back onto the mattress.

Starting at about 4:38 p.m., continued efforts to rouse the Complainant were unsuccessful and a second dose of nasal naloxone was administered. The Complainant was breathing. She was placed in the recovery position.

Starting at about 4:44 p.m., paramedics arrived on scene.

Starting at about 4:50 p.m., the Complainant was removed from the cell and placed on a stretcher. The Complainant was conscious and spoke with a paramedic.

Starting at about 4:56 p.m., the Complainant left the courthouse building in the ambulance.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the CKPS between August 6, 2025, and November 27, 2025:

• ICC recordings
• Booking recordings
• Communications recordings
• Photographs
• General Occurrence Reports
• Supplementary Reports
• Computer-assisted Dispatch Reports
• Arrest Report
• Involved Officer List
• CKPS policies - Search of Persons; Prisoner Escort and Transportation; and Prisoner Care and Control
• Notes - WO #1, WO #5, WO #6, WO #2, WO #3 and WO #4
• Detention Log

• Crown Brief Synopsis for Failure to Comply with a Release Order

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from CKHA on August 12, 2025.

The evidence collected by the SIU, including interviews of the Complainant and police witnesses, and video footage that largely captured the incident, 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 morning of July 31, 2025, WO #1, on patrol in downtown Chatham, arrested the Complainant for failing to comply with a release order. The arrest was uneventful. As there were no female officers available to attend to search the Complainant, the officer briefly patted the front of her legs and conducted a visual inspection before placing her in the backseat of his cruiser for transport to the station.

At the station, the Complainant was searched more thoroughly by a female officer - WO #2. WO #2 checked her pockets and patted her body over her clothing. Several small items were removed, but nothing in the way of illicit substances. Asked by the SO if she had consumed drugs, the Complainant admitted to fentanyl and marijuana use. She said she felt fine and denied any suicidal ideation. Shortly after booking at the station, the Complainant was placed in WO #1’s cruiser and transported to the courthouse for a bail hearing.

At the courthouse, the Complainant was searched again by a female special constable and lodged in a cell awaiting her court appearance. Following her court attendance, the Complainant was returned to her cell at about 3:40 p.m. She retrieved a vial from inside her underwear by her groin area, opened it, poured out a substance in her hand, and consumed it. Several minutes later, the vial still in her hand, she ingested more of the substance.

At about 4:30 p.m., the special constable conducting checks of the prisoners entered the Complainant’s cell and tried to wake her. The Complainant was breathing but could not be roused. The officer gave her two doses of nasal naloxone.

Paramedics arrived in the courthouse cells area and assumed charge of the Complainant’s care. She was conscious at this time.

The Complainant was transported to hospital and treated for drug overdose. She had multiple illicit substances in her system, including fentanyl, cocaine and methamphetamine.

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 fell ill while in the custody of the CKPS on July 31, 2025, the result of a drug overdose. 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 incident.

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 police custodians, including the SO, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s medical event. In my view, there was not.

The Complainant was lawfully in police custody from the moment of her arrest to her overdose at the courthouse cells. With information at his disposal that the Complainant had failed to report to the police service in contravention of a release order, WO #1 was within his rights in acting to take her into custody.

I am also satisfied that the Complainant’s custodians, including those under the supervision of the SO at the police station, comported themselves with due care and regard for the Complainant’s health and well-being. The live issue is how it was that the Complainant was able to ingest illicit substances while in police custody. Turning first to the searches that were performed, there were three in number, including two frisk searches by female officers. As the Complainant had hidden a small vial containing the drugs inside her underwear, it is not altogether surprising that they were not discovered and confiscated, particularly given the baggy pants she was wearing. A strip search might have located the drugs, but it is not clear that there were grounds to legally perform one – see R. v. Golden, [2001] 3 SCR 679. The Complainant had not been arrested on drug charges, denied suicidal ideation, and did not appear impaired by drugs. As for whether she was adequately monitored while in the courthouse cells, nothing short of continuous monitoring could have prevented the Complainant accessing and ingesting the drugs. However, for the same reasons a strip search was probably not authorized, it would not have been apparent that continuous supervision was necessary. It should be noted that cell area staff acted quickly after the Complainant’s last ingestion of drugs to administer emergency first-aid and secure medical attention.

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

Date: November 28, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit