SIU Director’s Report - Case # 25-PCI-539

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Mandate of the SIU

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.

Information Restrictions

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.

Mandate Engaged

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 41-year-old man (the “Complainant”).

The Investigation

Notification of the SIU[1]

On December 30, 2025, at 3:38 p.m., the OPP contacted the SIU with the following information.

On December 30, 2025, at 10:40 a.m., the OPP was referred a complaint from the Law Enforcement Complaints Agency (LECA). According to LECA, on May 25, 2025, OPP officers were dispatched to a residence in the unincorporated community of Corunna, Ontario, for an incident of intimate partner violence. A male, the Complainant, alleged he was assaulted by police during his subsequent arrest. He was transported to the OPP Lambton Detachment for processing. After his release from police custody, the Complainant sought medical attention and was diagnosed with a concussion.

The Team

Date and time team dispatched: 2025/12/30 at 4:08 p.m.

Date and time SIU arrived on scene: 2026/01/05 at 5:00 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

Interviewed; medical records obtained and reviewed

The Complainant was interviewed on January 5, 2026.

Civilian Witnesses

CW Interviewed

The civilian witness was interviewed on January 12, 2026.

Subject Official

SO Interviewed; notes received and reviewed

The subject official was interviewed on January 28, 2026.

Witness Officials

WO #1 Interviewed; notes received and reviewed

WO #2 Not interviewed; notes reviewed, and interview deemed unnecessary

WO #1 was interviewed on January 13, 2026.

Evidence

The Scene

The events in question transpired on and around the front porch of a residence in Corunna, Ontario.

The covered front porch measured around 1.2 metres by 1.2 metres and had a concrete surface.

Video/Audio/Photographic Evidence[2]

OPP Communications Recordings and Computer-aided Dispatch (CAD) Report

On May 25, 2025, at 7:51 p.m. the CW reported she had been assaulted by the Complainant. He could be heard in the background stating he could not understand why she was calling the police.

Starting at 7:53 p.m., the SO and WO #1 were dispatched to the residence for a domestic incident. OPP dispatch advised that the Complainant “does not respond well to officers” and that he may be violent.

Starting at 8:02 p.m., the SO spoke with the CW outside the residence.

Starting at 8:09 p.m., the SO advised OPP dispatch that the Complainant was in custody for assault and resisting police.

Doorbell Camera Video Footage – The Residence

The footage was recorded on May 25, 2025, starting at 8:08 p.m.

The SO and WO #1 approached the front porch dressed in full uniform as the Complainant exited the residence. The SO stepped onto the porch and said, “Hey (Complainant’s first name),” reached for his right arm, and told him to turn around. The Complainant placed his hands behind his back before he suddenly pulled his arms away from the SO, stepped towards the front door and grabbed the door frame. He did not comply with commands to get on the ground and stop resisting. The parties struggled and the SO struck the Complainant in the face three times, after which the Complainant fell to the porch floor, his arms pinned under his body. Instructions were given to the Complainant to release his arms. There was further struggle before the Complainant was handcuffed behind the back.

OPP In-car Camera (ICC) Footage – The SO’s Cruiser

On May 25, 2025, starting at 8:10 p.m., the Complainant was placed in the rear seat of the cruiser while handcuffed.

Starting at 8:13 p.m., the Complainant appeared to have a welt under his left eye as well as some blood on his lips.

Starting at 8:16 p.m., the Complainant struck his head three times on the partition between the front and rear passenger compartments, as well as the vehicle door.

Materials Obtained from Police Service

Upon request, The SIU obtained the following records from the OPP between January 5, 2026, and March 20, 2026:

  • General, Supplementary and Arrest Reports
  • Prisoner Lodging Report
  • CAD Report
  • Communications recordings
  • Names, badge numbers, roles and call-signs of involved officers
  • OPP video witness statement – the Complainant
  • ICC footage
  • Notes – SO, WO #1 and WO #2

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between January 6 and 16, 2026:

  • The Complainant’s medical records from South Bruce Grey Health
  • Complaint form from LECA
  • Video footage from the residence
  • Images from the Complainant

Incident Narrative

The evidence collected by the SIU, including interviews with the Complainant and the SO, and video footage that captured the incident in part, gives rise to the following scenario.

In the evening of May 25, 2025, OPP officers were dispatched to a residence in Corunna, Ontario. CW had called police to report being assaulted by the Complainant. The SO and WO #1 arrived at the address and spoke to the CW on the front driveway. She confirmed that the Complainant had kicked her in the buttocks. Having heard from CW, the SO decided to arrest the Complainant for assault. He and WO #1 walked to the front door of the house.

The Complainant was inebriated at the time. He stepped out onto the front porch and greeted the officers as they approached him. Told to turn around by the SO, the Complainant did so and brought his arms behind the back. The SO was bringing the Complainant’s hands together to handcuff them when the Complainant suddenly attempted to break the officer’s hold and walk towards the open front door.

The SO and WO #1 grabbed hold of the Complainant and pulled him away from the door. The Complainant resisted the officers as they attempted to bring him under control and was met by three left-handed punches to the face by the SO. The Complainant was brought to ground after the third strike, his arms under his torso. He was told to stop resisting and release his arms. The SO punched him in the abdomen two to three times, after which his arms were brought behind the back and handcuffed.

The Complainant attended hospital after his release from custody and was diagnosed with a concussion.

Relevant Legislation

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.

Analysis and Director’s Decision

The Complainant was seriously injured in the course of his arrest on May 25, 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 had kicked the CW, the SO was within his rights in seeking to arrest him for assault.

As for the force used in the Complainant’s arrest, namely, a takedown and multiple punches, I am satisfied it constituted lawful force. The Complainant was a big man and both officers were having trouble controlling him after he broke free of the SO’s hold and attempted to re-enter the home. The first series of punches followed by a takedown were not a disproportionate effort to end the struggle with the Complainant. The same can be said of the additional strikes to the Complainant on the ground where there is evidence that he continued to resist by not surrendering his arms to the officers.

In the result, while I accept that the Complainant’s concussion was incurred in the altercation that marked his arrest, whether the result of the takedown or the punches to the head, there are no reasonable grounds to believe that the injury was attributable to unlawful conduct by the SO. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: April 28, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit

Endnotes

  • 1) Unless otherwise specified, the information in this section reflects the information received by the SIU at the time of notification and does not necessarily reflect the SIU’s finding of facts following its investigation. [Back to text]
  • 2) The following records contain sensitive personal information and are not being released pursuant to section 34(2) of the Special Investigations Unit Act, 2019. The material portions of the records are summarized below. [Back to text]

Note:

The signed English original report is authoritative, and any discrepancy between that report and the French and English online versions should be resolved in favour of the original English report.