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 51-year-old man (the “Complainant”).

Notification of the SIU[1]

On November 13, 2025, at 10:39 p.m., the Cornwall Police Service (CPS) contacted the SIU with the following information.

On November 13, 2025, plainclothes officers [now known to be the Subject Official (SO) and Witness Official (WO) #1] conducting mobile surveillance observed the Complainant at the Esso gas station located at 3456 Highway 138 in Monkland outside of Cornwall. The Complainant was wanted for numerous break and enter occurrences. At 3:27 p.m., the officers approached the Complainant, who was outside of his vehicle pumping gas. He recognized one of the officers and pushed them before fleeing to the driver’s door and partially entering the vehicle. He had an arm and a leg in the vehicle and was revving the engine. The officers tried to take control of the Complainant to effect an arrest. The Complainant reached for an object located in the driver’s side door panel, later to be identified as a knife. The officers struck the Complainant in the arms. The knife dropped into the vehicle and the Complainant fell against the side of the vehicle. A civilian [now known to be the Civilian Witness (CW)] on scene attempted to assist the officers. The Complainant was arrested and handcuffed to the rear. An Ontario Provincial Police (OPP) officer was dispatched to the scene and transported the Complainant to the Cornwall Community Hospital (CCH). The Complainant was diagnosed with two broken ribs on the left side.

The Team

Date and time team dispatched: 2025/11/14 at 6:53 a.m.

Date and time SIU arrived on scene: 2025/11/14 at 8:02 a.m.

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”)

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

The Complainant was interviewed on November 14, 2025.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on November 21, 2025.

Subject Official (SO)

SO Interviewed; notes received and reviewed

The subject official was interviewed on November 27, 2025.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Not interviewed; notes reviewed, and interview deemed unnecessary

WO #4 Not interviewed; notes reviewed, and interview deemed unnecessary

WO #5 Not interviewed; notes reviewed, and interview deemed unnecessary

The witness officials were interviewed on November 21, 2025.

The Scene

The events in question transpired in and around a Subaru Forester stopped at a gas pump at the Esso gas station, 3456 Highway 138, Monkland.

Video/Audio/Photographic Evidence[2]

CPS Communications Recordings - Dispatch Call to the OPP

On November 13, 2025, at 2:36:22 p.m., a CPS dispatcher contacted Stormont,

Dundas and Glengarry OPP to request assistance. The SO and WO #1 were reportedly following the Complainant north on Highway 138 in a grey Dodge Ram pick-up. The officers required a caged vehicle from the OPP to transport the Complainant to Cornwall. The dispatcher advised that the Complainant was a suspect in multiple recent “break and enter” offences in Cornwall.

OPP Communications Recordings - 911 Call

On November 13, 2025, at 2:51:04 p.m., OPP 911 received a call from an employee of the Esso gas station at 3456 Highway 138, Monkland. He reported a fight between three people at the gas pumps and described a silver truck and a silver Forester. He could not describe the individuals because they were on the ground, and other bystanders were trying to assist.

OPP / CPS - Communication Recordings

On November 13, 2025, CPS requested OPP assistance while following the Complainant, a suspect in several recent “break and enter” investigations. The SO and WO #1 were operating outside their jurisdiction in a vehicle without emergency equipment or a prisoner transport cage, prompting their request for OPP to intercept and assist if an arrest occurred.

WO #1 and the SO were following the suspect’s silver Forester on Highway 138 and, due to poor radio reception, provided their phone contact to OPP for coordination. OPP dispatch relayed the request to responding units and advised that any stop should occur on a side road. Shortly afterward, a disturbance call was received reporting a fight at the Esso at 3456 Highway 138. Responding officers found multiple individuals on the ground with bystanders attempting to intervene. The SO and WO #1 had already restrained the Complainant, and OPP confirmed the scene as secure. The Complainant was responsive but not answering questions, leading OPP to call Emergency Medical Services (EMS). EMS arrived about ten minutes later and transported the Complainant to CCH. OPP officers followed the ambulance until relieved by CPS at CCH.

CPS arranged towing for the Forester and sought officers to attend the hospital. Later that afternoon, a communications sergeant received an update, which indicated that the Complainant had been assessed by medical staff, was expected to be discharged, and experienced significant drug withdrawal symptoms.

Video Footage – Esso Gas Station, Monkland

On November 13, 2025, starting at about 2:45:47 p.m., a silver Forester entered the upper camera frame and pulled up with the passenger side at the gas pump. The Complainant exited the driver’s door and stood at the rear passenger side of the Forester.

Starting at about 2:46:40 p.m., a silver Ram pick-up truck, operated by the SO, entered the left camera frame and pulled up parallel to the Forester with the driver side rear quarter panel in line with the Forester’s driver side rear quarter panel. The SO exited the driver’s door and approached the passenger side of the Forester. WO #1 exited the passenger side of the Ram, rounded the rear and attended the driver side of the Forester.

Starting at about 2:47:00 p.m., the Complainant rounded the front of the Forester to the driver side and grabbed WO #1’s left wrist. The Complainant pushed WO #1’s back against the driver side of the Forester as the SO rounded the front of the Forester. The Complainant pushed WO #1 to the side.

Starting at about 2:47:10 p.m., the SO grabbed the top of the Complainant’s jacket and tried to pull him forward, but the Complainant resisted. Both WO #1 and the SO held the Complainant’s jacket and tried to pull him out from between the two vehicles, away from the driver’s door.

Starting at about 2:47:24 p.m., as the Complainant was bent over with his jacket over his head, the SO used his right knee to strike the Complainant in the torso.

Starting at about 2:47:37 p.m., the Complainant directed his left hand towards WO #1’s face. The SO used his right knee to strike the Complainant three times. It was unclear where the knees landed due to the Complainant’s jacket covering his head and torso. The Complainant slipped further back between the vehicles when the SO let go of the Complainant with his right hand to reach into his coat to retrieve handcuffs. The Complainant freed himself from his jacket as he struggled with WO #1. The Complainant stood at the driver’s door, WO #1 stood in front of him, and the SO stood behind WO #1.

Starting at about 2:48:27 p.m., the SO used his right hand to reach over WO #1 and grab the Complainant and push his head back. The Complainant [driver’s door slightly ajar] moved towards the front of the Forester, WO #1 pushed against the door with her back, and the SO continued to hold the Complainant away.

Starting at about 2:48:45 p.m., the CW walked towards the driver side of the Forester, peered over WO #1’s shoulder, then ran around the pick-up truck to approach the Complainant from the rear of the Forester. The Complainant was in the driver’s seat of the Forester, and the CW reached in. It was not clear what happened, but it appeared the CW tried to pull the Complainant from the driver’s seat.

Starting at about 2:49:04 p.m., WO #1 stepped back and the SO used both hands to pull the driver’s door beyond its open threshold. The CW held the Complainant in a bear hug fashion and pulled him.

Starting at about 2:49:24 p.m., the SO pushed through WO #1 and the door and used his right leg to kick the Complainant four times.

Starting at about 2:49:33 p.m., the SO used his left leg to kick at the Complainant three times while he and the CW continued to struggle with him.

Starting at about 2:49:46 p.m., the SO used his right forearm to strike down on the Complainant three or four times. It was not clear where the strikes landed; the Complainant’s feet pointed out from the open door and his upper body was obscured by the door where the SO was situated.

Starting at about 2:50:17 p.m., the SO punched the Complainant four times. It was not clear where the strikes landed.

Starting at about 2:50:30 p.m., the SO used his right hand to elbow the Complainant. It was not clear where the strike landed.

Starting at about 2:50:49 p.m., the SO used his right hand to elbow the Complainant. It was not clear where the strike landed.

Starting at about 2:51:47 p.m., the SO used his right elbow to strike the Complainant.

Starting at about 2:52:09 p.m., the SO used his right fist to strike down on the Complainant.

Starting at about 2:52:18 p.m., two unidentified men grabbed the open driver’s door and wrenched it open all the way back. One of the men grabbed the Complainant’s feet and pulled him fully from the Forester. WO #1, the SO and the CW crouched over the Complainant as the two civilian males held his feet down. WO #1 pinned the Complainant’s right arm behind his back as the SO struggled to place the Complainant’s left arm behind the back.

Starting at about 2:53:45 p.m., the two civilian males released the Complainant’s feet as the SO and WO #1, and the CW, continued to hold the Complainant.

Starting at about 2:54:16 p.m., two fully marked OPP vehicles stopped in the upper camera frame, and OPP officers WO #4 and WO #5 ran to assist. WO #4 and WO #5 knelt at the Complainant’s feet, and WO #1, the SO and the CW stood up.

CPS Photographs

CPS photographed the Forester, along with several items inside the vehicle. The front left door of the Forester was wedged forward towards the hood while the Complainant lay on his side with his hands handcuffed behind the back. A search of the vehicle, incident to arrest, resulted in the seizure of a black kitchen knife, a gold watch, and several tools.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the CPS and OPP between November 18, 2025, and February 2, 2026:

• Communications recordings (CPS)
• Body-worn camera (BWC) footage – WO #2 (CPS)
• Notes – WO #2, the SO and WO #1 (CPS)
• Arrest Report (CPS)
• Canadian Police Information Centre Report / Offence Record Report (CPS)
• Driving Suspension Record and Probation Order (CPS)
• Use of Force Certificate – the SO (CPS)
• CPS policy - Use of Force
• Esso video footage - 3456 Highway 138, Monkland (CPS)
• Scene photographs (CPS)
• Order for Committal / Warrant for Arrest (CPS)
• Notes – WO #3, WO #5 and WO #4 (OPP)
• Communications recordings (OPP)
• Computer-assisted Dispatch Report (OPP)
• BWC footage – WO #5 and WO #4 (OPP)
• In-car camera footage - WO #4 (OPP)

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between November 17, 2025, and November 18, 2025:

• Video footage from Monkland Esso gas station
• The Complainant’s medical records from CCH

The evidence collected by the SIU, including interviews with the Complainant, the SO and other witnesses (police and non-police), and video footage that captured the incident in part, gives rise to the following scenario.

In the afternoon of November 13, 2025, the SO and his partner, WO #1, were on the lookout for the Complainant. The Complainant was wanted for a number of break and enters, and subject to an outstanding arrest warrant. The officers located the Complainant at the Esso gas station at the northwest corner of Highway 138 and Stormont, Dundas, and Glengarry County Road 43, Monkland. He was pumping gas into a Subaru Forester.

The officers pulled up in their unmarked pick-up truck, such that their driver side rear quarter panel was adjacent the driver side rear quarter panel of the Forester, and exited their vehicle. The SO approached the Complainant and advised him he was under arrest. The Complainant walked around the front of his vehicle away from the SO and towards the driver’s door. He confronted WO #1 beside the door and pushed her out of the way, attempting to enter the Forester. WO #1 pushed back against the driver’s door to prevent it opening. The SO moved to assist WO #1. There followed a protracted struggle in the course of which the SO kicked, punched, kneed and elbowed the Complainant multiple times. With the assistance of three civilians on scene, the officers overcame the Complainant’s resistance and handcuffed him behind the back.

The Complainant was transported to hospital where diagnostic imaging was unable to rule out undisplaced fractures to the left fourth and fifth ribs.

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 CPS officers on November 13, 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.

With a warrant in effect for his arrest, the SO and WO #1 were within their rights in moving to take the Complainant into custody.

The force used by the SO was significant but within the bounds of what was reasonably necessary to effect the Complainant’s arrest. The Complainant was determined to enter his vehicle and get away. Despite the best efforts by WO #1 and the SO to prevent that happening, the Complainant managed to partially enter the vehicle, during which time he revved the engine and attempted to drive off. The officers responded for the most part by trying to wrestle him away from the vehicle. The Complainant proved a formidable challenge and was able to resist the officers, even after a civilian had entered the fray and despite the SO’s resort to arm and leg strikes. The strikes occurred in discrete intervals during the six to seven minutes-long struggle, leaving the Complainant opportunity to cease his resistance had he been so inclined. However, it was only after the last series of strikes, and the aid of two additional civilians, that the officers were able to control and handcuff the Complainant’s arms. On this record, I am satisfied that the force used by the SO was commensurate with the situation at hand.

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