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 December 25, 2025, at 12:29 p.m., the Ontario Provincial Police (OPP) contacted the SIU with the following information.

On December 24, 2025, at 7:26 p.m., OPP officers responded to an incident of intimate partner violence at an address in Deseronto. Officers separated the involved parties and dealt with them individually. Officers spoke to the Complainant, who was heavily intoxicated, for approximately 30 minutes to de-escalate the situation and to assist him in finding a place to stay for the night. The Complainant attempted to re-enter the residence and was arrested for public intoxication. The Complainant resisted and became assaultive towards the three involved officers. He was grounded and landed on his back, where he continued to kick and punch at the officers. Emergency Medical Services (EMS) were requested to assess the Complainant and one of the involved officers, who sustained a minor laceration to his right eyelid during the arrest. The Complainant had no obvious injuries other than blood on his lip. Due to an expected delay in EMS arrival, the Complainant was transported to Lennox and Addington County OPP Detachment to meet with EMS. During the booking process, the Complainant complained of right shoulder pain. EMS attended and transported him to Lennox and Addington General Hospital (LAGH) where he was diagnosed with an acute right acromial base fracture.

The Team

Date and time team dispatched: 2025/12/25 at 2:14 p.m.

Date and time SIU arrived on scene: 2025/12/25 at 3:00 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”)

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

The Complainant was interviewed on December 27, 2025.

Civilian Witnesses

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

The civilian witnesses were interviewed on January 13, 2026.

Subject Official

SO Interviewed; notes received and reviewed

The subject official was interviewed on February 10, 2026.

Witness Officials

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

The witness officials were interviewed on January 22, 2026.

The Scene

The events in question transpired in the rear yard of a property in Deseronto. The ground was covered with ice and snow at the time of the incident.

Video/Audio/Photographic Evidence[2]

OPP Communications Recordings

On December 24, 2025, at 7:26 p.m., a person phoned 911 requesting police attendance at an address in Deseronto. The person reported that CW #2 and the Complainant were involved in a domestic dispute. The Complainant had been physical and was intoxicated. Doors were being slammed and there was a lot of yelling.

Officers arrived on scene at 7:45 p.m.

A subsequent broadcast indicated that the Complainant was in custody and under arrest.

About four minutes later, EMS were called because of head strikes to the Complainant, and for a cut to one of the officers.

At 8:53 p.m., there was a broadcast that EMS should meet the officers and the Complainant at the OPP detachment instead of the scene, and that WO #1 had a minor laceration to an eyelid.

Body-worn Camera (BWC) Footage - WO #1, WO #2 and the SO

The SO arrived on scene at 7:45 p.m., December 24, 2025. The Complainant invited him inside the house and they spoke for a bit. The SO and the Complainant went out the rear door of the residence. The SO asked WO #2 and CW #1 to go upstairs and speak with CW #2 while he went outside to speak with the Complainant. The Complainant said there had been an argument earlier with CW #2. The Complainant appeared intoxicated, and his speech was slurred. The Complainant appeared agitated and began shouting obscenities at the SO.

At 8:01 p.m., WO #2 updated the SO on his conversation with CW #2, adding that nothing criminal had transpired between she and the Complainant; the argument had been strictly verbal. The SO told WO #2 that the Complainant’s behaviour was escalating and that he was close to arresting him for public intoxication. The Complainant walked briskly across the lawn towards the rear door, passing by the police officers. The SO grabbed the Complainant by the arm and told him he was under arrest for public intoxication. The Complainant attempted to pull away from the officer. The SO took him to the ground. The SO tried to control the Complainant, who thrashed his legs about. The SO repeatedly told the Complainant to stop resisting and delivered a series of elbow strikes to the Complainant’s head. The Complainant’s hands were eventually handcuffed to the front.

The SO requested that EMS attend for the Complainant as well as for WO #1, who had a small cut above his right eye. The SO spoke to a sergeant who arrived after the fact, and advised that he (the SO) had struck the Complainant to gain control.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the OPP between January 8, 2026, and March 24, 2026:

• Notes - WO #1, WO #2 and the SO
• Occurrence Details Report
• Person History Reports – CW #2, CW #3 and 911 caller
• BWC footage - WO #1, WO #2 and the SO
• Communications recordings
• Computer-aided Dispatch Report

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between January 7, 2026, and February 26, 2026:

• Video footage from Hasting County Housing
• The Complainant’s medical records from LAGH

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 evening of December 24, 2025, OPP officers were dispatched to an address in Deseronto. The police had received a call about a disturbance in the house involving the Complainant and his partner, CW #2.

The SO arrived on scene at about 7:45 p.m. He was joined by WO #1 and WO #2. CW #1, a crisis worker, was also in attendance with the police. The SO was met by the Complainant at the front door and allowed inside. The two made their way to the rear yard to talk. The other officers and CW #1 remained in the house to speak with CW #2.

Over the course of the next 45 minutes, the SO attempted to have the Complainant explain what had happened. An intoxicated Complainant engaged with the officer in fits and starts, unable to provide a coherent account of the events that preceded the officers’ arrival at the residence and occasionally adopting a belligerent posture with the SO. The officer told the Complainant that he would not be allowed to stay at the home that night, and would need to explore alternative accommodations. The Complainant became increasingly frustrated, unable to secure himself a place for the night. Near the end of their discourse, the Complainant walked towards the rear door of the residence. The SO grabbed a hold of him, told him he was under arrest for public intoxication, and attempted to pull him away from the home. The Complainant resisted the officer by pulling in the opposite direction. There followed an altercation.

The SO threw the Complainant to the ground and positioned himself overtop his supine torso on the left side. WO #2 was by the Complainant’s upper body on the right side. The Complainant thrashed his legs about. The SO delivered a series of elbow strikes to the Complainant’s face, after which his arms were controlled in front of his body and handcuffed.

Following his arrest, the Complainant was transported to hospital and 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.

Section 31, Liquor Licence and Control Act - Intoxication

31 (1) No person shall be in an intoxicated condition in,

(a) a place to which the general public is invited or permitted access; or

(b) any part of a residence that is used in common by persons occupying

more than one dwelling in the residence.

(2) A police officer or conservation officer may arrest without warrant any person who is contravening subsection (1) if, in the opinion of the officer, it is necessary to do so for the safety of any person.

The Complainant was seriously injured in the course of his arrest by OPP officers in Deseronto on December 24, 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.

With information at his disposal that the Complainant was intoxicated and that his re-entry into the home created a safety risk to the other residents, I am satisfied that the SO was within his rights in moving to arrest the Complainant for public intoxication under section 31 of the Liquor Licence and Control Act, 2019. The Complainant was making his way towards the rear entrance of the home at the time and was on communally accessible land when the SO interceded.

With respect to the force used by the SO in the Complainant’s arrest, I am unable to reasonably conclude that it was unlawful. The takedown, the likely cause of the Complainant’s injury, made sense. The Complainant had resisted arrest on his feet. Forcing him to the ground would position the SO to better manage that resistance. The initial strikes to the face were delivered shortly after the takedown and around the time that the Complainant was kicking his legs. They constituted a reasonable and proportionate attempt to subdue the Complainant. There was a secondary series of elbows to the face that are subject to closer scrutiny, particularly one or two of them that occurred after it appears the Complainant was handcuffed to the front. Here, too, however, there is evidence that the Complainant was grabbing the officer’s hand, thrashing his legs and, whether advertently or not, spitting at the officer. On this record, I am satisfied that the SO’s conduct falls within the latitude recognized in the law when it comes to officers actively engaged in hostile and volatile situations. What is required of these officers is force that falls within a range of what was reasonable at the time, and not necessarily exacting force: R. v. Nasogaluak, [2010] 1 SCR 206; R. v. Baxter (1975), 27 CCC (2d) 96 (Ont. CA). While one or the other of these latter blows by the SO may not have been strictly necessary in the cold light of hindsight, that assessment is not likely to have been as apparent to a reasonable officer in the heat of the moment.

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

Date: April 24, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit