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 31-year-old man (the “Complainant”).

Notification of the SIU[1]

On November 13, 2025, at 0117 hrs, the Brantford Police Service (BPS) contacted the SIU with the following information.

On November 12, 2025, at 8:14 p.m., police were called to an address in the area of Grand River Avenue and Morrell Street for an intoxicated person. Officers attended and located the Complainant. The Complainant was in a hospital gown and in and out of consciousness in a building hallway. He was reportedly staying with a resident of an apartment in the building, where he was returned without incident. At 9:29 p.m., the resident of the apartment [now known to be the CW] contacted police to report that the Complainant was becoming physical and she wanted him removed. At 9:53 p.m., officers attended and tried to reason with the Complainant, to no avail. In the course of his subsequent arrest, the Complainant lunged towards the officers and hit his head, sustaining a laceration. He was transported to Brantford General Hospital (BGH) for treatment.

The Team

Date and time team dispatched: 2025/11/13 at 3:48 a.m.

Date and time SIU arrived on scene: 2025/11/13 at 7:08 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”)

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

The Complainant was interviewed on November 13, 2025.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on November 13, 2025.

Subject Officials (SO)

SO #1 Interviewed, but declined to submit notes, as is the subject official’s legal right

SO #2 Declined interview and to provide notes, as is the subject official’s legal right

SO #1 was interviewed on December 22, 2025.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

The witness officials were interviewed on November 20, 2025.

The Scene

The events in question transpired in and around the living room of an apartment in the area of Grand River Avenue and Morrell Street, Brantford.

Physical Evidence

SIU forensic services attended the scene and took photographs. There was an area of staining on the carpet suggestive of blood and blood drip marks on the wall. There were open containers of alcohol on the coffee table. The remainder of the living room showed no signs of disarray.

Video/Audio/Photographic Evidence[2]

BPS Body-worn Camera (BWC) Footage – SO #2, SO #1, WO #1, WO #3 and WO #2

On November 12, 2025, starting at about 9:46 p.m., officers attended the CW’s apartment. The Complainant sat on the couch speaking to a police call-taker and drinking a beer. The CW confirmed she had not been assaulted and that she just wanted the Complainant out. WO #2 offered the Complainant a ride if he had somewhere to go, but he continued talking on the telephone. Police officers moved the coffee table to have better access to the Complainant. The Complainant pointed to WO #3 and told the call-taker that he would “go for this guy first and then wrestle the rest”. He then spoke of training in jujitsu. An attending Mobile Crisis Response Team worker invited the Complainant to speak in the hallway. Shortly after, the Complainant ended the telephone call, stood up, and began to make his way to the apartment entrance door. SO #1 grabbed the Complainant’s left forearm and said, “Don’t. Don’t tense up.” SO #1 attempted to control the left arm with a two-handed grip. WO #1 grabbed the Complainant’s right arm as the Complainant continued forward. WO #1, while holding the right wrist, began to bring the right arm behind the Complainant’s back. The Complainant’s muscles appeared to tighten. SO #1 and SO #2 held on to the Complainant attempting to control him. SO #1 gave commands, and a struggle ensued. Little was discernible of the apparent struggle at this point as the BWCs were too close to the action. SO #2 grabbed the Complainant’s right arm and the Complainant appeared to fall forward. The fall was not captured on any BWC because of officers’ bodies blocking the camera views. The Complainant went to the floor while still being held by SO #2 and SO #1. SO #1 and SO #2 continued to struggle with the handcuffing process. SO #1 gave commands to the Complainant to stop fighting and give up his left arm. The Complainant was then placed in handcuffs with his hands behind the back. The Complainant appeared unconscious and there was a laceration to his right ear. He eventually regained consciousness. After the Complainant was arrested, the CW mentioned he had been experiencing seizures and had previously gone to the BGH on two occasions. Earlier in the evening, she had located him unconscious in the hallway.

BPS Communications Recordings – Radio

On November 12, 2025, at 8:14 p.m., the Complainant was said to have possibly overdosed in a hallway. He was reportedly unconscious and in a hospital gown. Emergency Medical Services (EMS) were dispatched.

At 8:22 p.m., EMS and Brantford Fire Department were on scene. The Complainant was said to be conscious and breathing. It was noted that there were cautions on the Complainant’s record indicating he was inclined to fight police, and convictions for firearms offences.

At 9:29 p.m., the CW contacted BPS saying the Complainant was physical with her and she wanted him removed from her residence. Additional units were requested to handle the Complainant.

At 9:53 p.m., the Complainant was in custody with a laceration on his ear and the top of his head.

BPS Communications Recordings – Telephone

At 9:40 p.m., November 12, 2025, the CW contacted police and described the Complainant as about to pass out. The Complainant could be heard in the background. The call-taker asked to speak with the Complainant, whose speech was slurred. The Complainant was asked if he had somewhere else to stay as police could transport him there. The Complainant insisted he lived there and refused to leave. He made utterances such as, “Honestly, in my opinion, I’m going to fight you guys,” and, “I can live to fight another day, otherwise, kill me.”

At 9:46 p.m., the Complainant said officers had arrived. He remained on the line and officers could be heard in the background. The Complainant wanted to speak with a “worker”. The dispatcher informed him a mental health crisis worker was with the officers. The Complainant said, “I don’t want to fight with nobody,” then went on to say, “After I elbow that guy, I can fucking wrestle the rest. You know what I mean?” He claimed to be trained in jujitsu and wanted to hit one officer looking at him.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the BPS between November 17 and 21, 2025:

• General Occurrence Report
• Notes – WO #1, WO #2 and WO #3
• Communications recordings
• Computer-assisted Dispatch Report
• BPS policies - Arrest, Security, Prisoner Care and Control; Police Response to Persons with Mental Illness or Emotionally Disturbed; Use of Force
• BWC footage

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from BGH on December 3, 2025.

The evidence collected by the SIU, including interviews with the Complainant, SO #1 and other witnesses (police and non-police), and video footage that captured the incident in part, gives rise to the following scenario. As was his legal right, SO #2 did not agree an interview with the SIU or the release of his notes.

In the evening of November 12, 2025, BPS officers, including SO #1 and SO #2, attended an apartment in the area of Grand River Avenue and Morrell Street, Brantford. The resident – the CW – had contacted police to report that an inebriated Complainant was in her apartment and she wanted him removed. The officers entered the apartment and approached the Complainant in the living room. He was seated on a sofa and speaking on the phone with a police call-taker.

After a period, the Complainant ended his conversation on the phone, stood up from the sofa and walked a short distance towards the door. Just before the door, SO #1 and WO #1 took a hold of his arms. The Complainant attempted to free his arms and the officers maintained their grip. Other officers intervened and the Complainant fell forward to the floor, striking his head off the edge of a wall in the process. Officers fell with the Complainant and landed on top of him. He was handcuffed in quick order and taken into custody.

Following his arrest, the Complainant was transported to hospital and diagnosed with a reduced level of consciousness and a scalp laceration with emphysema and subgaleal hematoma.

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 9(1), Trespass to Property Act - Arrest Without Warrant on Premises

9 (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2.

The Complainant was seriously injured in the course of his arrest by BPS officers on November 12, 2025. The SIU was notified of the incident and initiated an investigation, naming SO #1 and SO #2 subject officials. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe either subject official 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 Complainant was an unwanted guest in the CW’s apartment. He had been given a fair opportunity to leave and not done so. The officers arriving at the address spoke to him calmly about the need to go somewhere else. The Complainant reacted with belligerence, threatening to fight the officers. In the circumstances, given the risk of physical violence, SO #1 and WO #1 acted reasonably when they took hold of his arms as he walked towards them. The Complainant reacted by trying to wrestle his arms free, rendering himself subject to arrest under section 9(1) of the Trespass to Property Act.

It is unclear whether the fall that caused the Complainant’s injuries was the result of an intentional grounding by the officers or the inadvertent product of parties tussling with each other and losing their footing in close quarters. If the former, the tactic made sense in light of the Complainant’s resistance to arrest. With the Complainant on the floor, the officers could better expect to manage that resistance. As for the grappling that occurred with the Complainant on his feet and the floor, the force used by the officers was proportionate with the extent to which the Complainant struggled against their efforts.

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

Date: March 9, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit