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 40-year-old man (the “Complainant”).

Notification of the SIU[1]

On October 12, 2025, at 8:10 a.m. Peel Regional Police (PRP) contacted the SIU with the following information.

On October 12, 2025, at 1:00 a.m., two plainclothes officers from the Strategic and Tactical Enforcement Policing (STEP) unit were on patrol near Dixie Road and Dundas Street, Mississauga. The officers initiated a pedestrian stop of a man, the Complainant, pushing a wheelchair down the street. The officers formed grounds for a Liquor Licence and Control Act (LLCA) investigation and asked the Complainant to identify himself. The Complainant refused and became aggressive. The officers subsequently grounded him. He was taken to Trillium Health Partners – Mississauga Hospital (THMH) and diagnosed with a fractured orbital and nasal bone.

The Team

Date and time team dispatched: 2025/10/14 at 8:44 a.m.

Date and time SIU arrived on scene: 2025/10/14 at 10:13 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

40-year-old male; declined an interview

Subject Official

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

Witness Officials

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

The witness officials were interviewed between November 3, 2025, and November 10, 2025.

The Scene

The events in question transpired on the south sidewalk of Dundas Street East, about 100 metres east of Dixie Road, Mississauga.

Physical Evidence

SIU forensic services attended and photographed the scene. A wheelchair, backpack and beer can were located within the scene.

Video/Audio/Photographic Evidence[2]

PRP Body-worn Camera (BWC) Footage – WO #2

The recording commenced on October 12, 2025, at 2:08 a.m. The Complainant was in the rear of an ambulance and WO #2 was accompanying him to hospital. The Complainant complained of pain to his face.

At 2:21 a.m. the ambulance arrived at the hospital and the recording ended.

PRP In-car Camera (ICC) Footage – An Officer

On October 12, 2025, at 7:56 a.m., an officer drove the Complainant from THMH back to the scene. While in the rear of the cruiser, the Complainant said that he was a Golden Gloves boxer and had a second-degree black belt in martial arts. The Complainant said he had broken bones and required surgery, his face was scraped against the gravel and “buddy kept stepping on his head”.

PRP Communications Recordings - Radio

On October 12, 2025, at 1:06 a.m., WO #1 told the dispatcher that the Complainant was under arrest and requested that a uniform officer attend. Emergency Medical Services were also requested for an injury above the Complainant’s eye.

At 7:57 a.m., the Complainant was transported from THMH back to the scene on Dundas Street East.

PRP Photograph and Video taken by the SO

The SO took two photographs of a beer can at the scene and a video of him pouring out the contents of the can.

Materials Obtained from Police Service

Records Obtained from Service

Between October 16, 2025, and November 25, 2025, the SIU obtained the following records from the PRP:

• General Occurrence Reports
• BWC footage – WO #2
• ICC footage
• Communications recordings
• Computer-aided Dispatch (CAD) Report
• Photograph and video clip taken by SO
• PRP policy – Use of Force
• Notes - WO #1 and WO #2

The evidence collected by the SIU, including interviews with a police eyewitness, 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 October 12, 2025, the SO was on patrol with WO #1 performing duties as part of the PRP STEP unit. They identified a male pushing a wheelchair westward in an eastbound lane of Dundas Street East, east of Dixie Road. No one was on the wheelchair. Suspecting it might be stolen, the officers stopped the male to speak to him about the wheelchair.

The male was the Complainant. He told the officers that the chair belonged to his father and he needed to get it back to him. Asked to identify himself, the Complainant provided a false name and was cautioned about obstructing justice. He was then advised he was under arrest when he attempted to retrieve a backpack from the back of the wheelchair.

The SO wrestled the Complainant for control of the backpack, which fell to the ground. The Complainant punched at the SO. The officer reacted by delivering his own punch, striking the Complainant in the face. WO #1 intervened at that point and forced the Complainant to the ground. Following a further period of struggle between the parties, the officers handcuffed the Complainant behind the back.

The Complainant was transported to hospital and reportedly diagnosed with a broken nose and fractured orbital bone.

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 129, Criminal Code of Canada - Offences relating to public or peace officer

129 Every one who

(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,

(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or

(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,

is guilty of

(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(e) an offence punishable on summary conviction.

Section 41, Liquor Licence and Control Act, 2019 – Acceptable Places for Consumption

41 (1) No person shall have or consume liquor in any place other than,

(a) a residence;

(b) premises in respect of which a licence or permit that permits consumption is issued;

(c) a private place as prescribed by the regulations;

(d) despite any designation of a place made under section 40 and subject to the regulations, a public place designated by a by-law made by the council of a municipality; or

(e) a public area in a provincial park that is an operating park, and is,

(i) designated for the purposes of this clause by the person who is the park’s superintendent under the Provincial Parks and Conservation Reserves Act, 2006, subject to the regulations, and

(ii) indicated by notice given in one of the following ways:

(A) A sign posted in the park that sets out the public area and states that liquor may be consumed in a socially responsible manner while in it or that contains such other information as may be prescribed by the regulations.

(B) Any other way that may be prescribed by the regulations.

Exception

(2) Subsection (1) does not apply to the possession of liquor that is in a closed container or to samples of liquor provided by a retail store. 2020, c. 36, Sched. 26, s. 7.

The Complainant was seriously injured in the course of his arrest by PRP officers on October 12, 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 injuries.

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 evidence indicates that the SO had observed an open can of beer on the wheelchair the Complainant was pushing. In the circumstances, the officer was within his rights in attempting to investigate the Complainant for an offence under section 41(1) of the Liquor Licence and Control Act, 2019. When the Complainant subsequently provided a false name, he was subject to arrest for obstructing a peace officer contrary to section 129(a) of the Criminal Code.

The evidence further establishes that the force used by the SO in the Complainant’s arrest was legally justified. The Complainant had assaulted the officer by directing a punch in his direction. The officer was entitled to defend himself and bring the assault to an end. A single punch to the face constituted a proportionate response in the circumstances. The takedown that followed was also reasonable. With the Complainant on the ground, the officers would be better positioned to manage any continuing resistance on his part. In fact, the Complainant did resist but was quickly subdued without the apparent need for additional strikes.

In the result, while I accept that the Complainant’s injuries were incurred in the altercation that marked his arrest, there are no reasonable grounds to believe they are attributable to unlawful conduct on the part of the police. As such, there is no reason to proceed with charges in this case. The file is closed.

Date: February 9, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit