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 39-year-old man (the “Complainant”).

Notification of the SIU[1]

On July 10, 2026, at 1:28 a.m., the York Regional Police (YRP) contacted the SIU with the following information.

At 8:02 a.m., July 9, 2026, a break and enter in progress was reported at a residence in the area of Weston Road and Rutherford Road, Vaughan. Uniformed officers responded, as did detectives with the YRP Break and Enter (B&E) Unit. A suspect Volkswagen Tiguan was observed in the area with five occupants. It was stopped by uniformed officers and the driver was arrested. The remaining four occupants fled on foot. Nearly two hours later, detectives from the B&E Unit observed a silver Honda Odyssey with four persons travelling in the area. The detectives maintained surveillance of the vehicle and followed it to Pickering. At 10:28 a.m., while in the area of Brock Road and Bayly Street, Pickering, officers conducted a traffic stop of the Honda and arrested all four occupants for break and enter. All of the arrested persons were transported to YRP 2 District Headquarters in Richmond Hill and held in custody pending bail hearings scheduled for July 10, 2026. During the booking process, the Complainant was observed to have swelling to the head. An ambulance was requested and arrived shortly. The Complainant declined medical treatment and was lodged in a cell. At 7:43 p.m., the Complainant complained of head pain and was transported by Officer #1 to Mackenzie Health Hospital. At 12:06 a.m., July 10, 2026, the Complainant was diagnosed with a fractured nose.

The Team

Date and time team dispatched: 2026/07/10 at 7:27 a.m.

Date and time SIU arrived on scene: 2026/07/10 at 9:00 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”)

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

The Complainant was interviewed on July 10, 2026.

Civilian Witness (CW)

CW Interviewed

The civilian witness was interviewed on July 10, 2026.

Subject Official (SO)

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

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

WO #4 Interviewed; notes received and reviewed

WO #5 Interviewed; notes received and reviewed

WO #6 Interviewed; notes received and reviewed

The witness officials were interviewed between July 16 and 28, 2026.

The Scene

The events in question transpired on and around the parking lot of the Pickering Playing Fields, 1610 Bayly Street, Pickering.

Physical Evidence

On July 10, 2026, SIU forensic services examined the rear of the YRP police vehicle used to transport the Complainant to the police station for bloodstains.

Two stains were located on the lower metal portion of the driver’s side interior steel cage in the rear of the police vehicle. The stains were photographed, marked and sampled.

Video/Audio/Photographic Evidence[2]

Police Communications Recordings – 911

On July 9, 2026, a male requested that police attend an active burglary at his address. The house alarm had gone off, the security company had called him, and he was watching from surveillance cameras three people in his residence. He was unsure how they had entered the residence, but his neighbour alerted him that someone had exited a white vehicle and entered the backyard.

Police Communications Recordings – Radio

On July 9, 2026, at 0002:16 minutes into the recording, the dispatcher alerted officers of a break and enter at an address. Police officers added themselves to the call. The dispatcher reported a related call of a suspicious person who was dropped off at the address. The men had fled in a Volkswagen Tiguan.

At 0005:33 minutes, an officer reported a foot pursuit and described four men entering the Tiguan. A police dog handler and police dog were dispatched.

At 0008:02 minutes, the suspects were reported westbound on Rutherford Road in an older model silver Honda Odyssey. The police officers set up a perimeter and tracked the vehicle.

At 0012:49 minutes, a police officer asked for a drone or Air 2 [police helicopter] to attend 4 District to assist with tracking a suspect vehicle.

At 0021:03 minutes, the police dog handler reported he would set out to find any outstanding suspects in the area of Rutherford Road and Belmar Road.

At 0022:20 minutes, an officer informed the dispatcher that the Odyssey had picked up two additional people.

At 0030:33 minutes, a police officer indicated that all suspects had been arrested for the break and enter.

Body-worn Camera (BWC) Footage – WO #6

On July 9, 2026, at 10:25:59 a.m., WO #6 headed to the Pickering Playing Fields after he received the address over the radio.

At 10:26:56 a.m., the radio announced that the vehicle [now known to be a Honda Odyssey operated by the Complainant] was parked at the back of the lot. A police officer announced, “He’s out, put his foot into it, and he’s taking off.”

At 10:27:50 a.m., WO #6 removed a dog from his police vehicle and ran towards the Pickering Playing Fields parking lot.

At 10:28:18 a.m., WO #6 approached the Odyssey and shouted, “Bodycam, bodycam.” A Dodge Ram was stopped with its nose touching the front bumper of the Odyssey, and a dark-coloured sedan was stopped with its nose touching the back of the Odyssey. The front driver’s side door was open.

At 10:28:20 a.m., a voice said, “Give me your fucking hands.”

At 10:28:24 a.m., WO #6 stood between the Odyssey and a civilian vehicle with his dog in front of him. A police officer was captured straddling the Complainant between the open driver’s side door and the civilian vehicle.

At 10:28:36 a.m., WO #1 held the Complainant’s face down with his legs crossed up behind to his buttocks, as the SOstood over the Complainant’s chest area.

At 10:29:35 a.m., WO #6 rounded the rear of the vehicles. The Complainant rested on the ground on his right side with his hands handcuffed behind the back.

At 10:29:56 a.m., the Complainant was sat up with his back resting on the civilian vehicle’s passenger side door as a police officer had a hand on his left shoulder.

Video Footage – YRP Helicopter (Air 2)

On July 9, 2026, at 10:22:48 a.m., a Honda Odyssey travelled westbound on Bayly Street.

Between 10:23:07 a.m. and 10:27:13 a.m., the Honda pulled into a parking lot and maneuvered into a parking spot in the middle of the lot.

At 10:27:22 a.m., a police vehicle stopped westbound on Bayly Street.

At 10:27:39 a.m., WO #5 called for a takedown of the Odyssey.

At 10:27:52 a.m., a pick-up truck operated by WO #5 stopped nose-to-nose with the Honda, a sedan operated by WO #4 parked behind the Honda, and a minivan operated by WO #1 stopped at the passenger side of the Honda.

At 10:27:55 a.m., WO #3 and the SO opened the driver’s door and rear driver’s door. WO #5 climbed over the hood of the Honda and stood on the outer side of the open driver’s side door. Both the Complainant and the CW were pulled from the Honda to the ground between the Honda and a parked civilian vehicle. WO #1 climbed over the hood of the Honda and stood at the outer side of the door. WO #1 used his right leg to stomp downwards five times where the Complainant was.

In-car Camera (ICC) Footage – YRP Vehicle

On July 9, 2026, between 10:35:00 a.m. and 10:37:36 a.m., the rear passenger door of the vehicle opened, and the Complainant was directed by Officer #1 to sit down. The Complainant sat back and visible abrasions were apparent on his upper left forehead and the bridge of his nose. The Complainant confirmed he spoke Spanish.

At 10:41:04 a.m., an interpreter told the Complainant he was under arrest for break and enter, and possession of break and enter tools. He was provided his rights to counsel.

At 10:45:27 a.m., the Complainant asked for pain medication for a headache and Officer #1 informed him he could not give him medication but if he required it, he would be provided medical attention.

At 11:03:00 a.m., the police vehicle started to travel. The Complainant spoke back and forth with the interpreter but due to background noise, it was not clear what was said.

At 11:32:20 a.m., the Complainant arrived at York Region 1 District.

Video Footage – YRP Station

On July 9, 2026, between 12:24:54 p.m. and 12:29:30 p.m., the Complainant was escorted from the sally port to the booking area, and paraded before a sergeant. The sergeant asked the interpreter to inform the Complainant he was under arrest for break and enter.

Between 12:36:58 p.m. and 12:37:15 p.m., the sergeant asked the Complainant if he had any medical issues. The Complainant said, “No.” Officer #1 said, “He was saying in the car he wanted to be assessed by emergency medical services (EMS) or go to the hospital.”

Between 12:38:12 p.m. and 12:39:30 p.m., the sergeant requested an ambulance as the interpreter confirmed the Complainant wanted one. The Complainant confirmed his injuries were related to the arrest.

At 8:25:13 p.m., the Complainant spoke in Spanish with the paramedic. The paramedic repeated in English that police officers had exited their vehicles and hit him hard.

At 8:26:32 p.m., the Complainant was escorted out on a stretcher.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the YRP between July 10, 2026, and August 5, 2026:

• General Occurrence Report
• YRP policies - Use of Force; Prisoner Care and Control and Prisoner Transportation; Processing the Offender – Arrest, Provincial Offences and Release; Body-worn Cameras
• Notes - WO #1, WO #3, WO #2, WO #4, WO #6 and WO #5
• Video footage from police helicopter (Air2)
• BWC footage - WO #6
• Use of Force Re-Certification - the SO
• Police communications recordings
• Video footage from police station
• Prisoner Cell Log - the Complainant
• ICC footage

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between July 10, 2026, and July 13, 2026:

• Ambulance Call Reports from York EMS
• The Complainant’s medical records from MacKenzie Health

The evidence collected by the SIU, including interviews with the Complainant 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, the SO chose not to interview with the SIU or authorize the release of his notes.

In the morning of July 9, 2026, the Complainant was seated in the driver’s seat of a Honda Odyssey, parked facing south in the parking lot of the Pickering Playing Fields, 1610 Bayly Street, Pickering, when his vehicle was surrounded by YRP police vehicles. With him in a rear driver side seat was the CW. With the help of Air2, the YRP helicopter, officers had tracked the vehicle from a break and enter in Vaughan to the address in Pickering.

The SO was the front seat passenger in a pick-up operated by his partner, WO #5. WO #5 gave the call for the takedown and positioned his vehicle nose-to-nose with the Odyssey as other officers drove their cruisers to the back and sides of the Odyssey. The SO exited the pick-up truck and was the first to the Complainant. The officer opened the driver’s door, took hold of the Complainant and yanked him out of the seat onto the ground. As this was occurring, other officers extricated the CW from the rear driver side seat. Officers used force against both individuals on the ground, including the delivery of several kicks to the Complainant by WO #1, before they were handcuffed behind the back and taken into custody.

After initially refusing medical treatment, the Complainant was eventually taken to hospital and diagnosed with a broken nose.

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 348, Criminal Code - Breaking and Entering With Intent, Committing Offence or Breaking Out

348 (1) Every one who

(a) breaks and enters a place with intent to commit an indictable offence therein,

(b) breaks and enters a place and commits an indictable offence therein, or

(c) breaks out of a place after

(i) committing an indictable offence therein, or

(ii) entering the place with intent to commit an indictable offence therein,

is guilty

(d) if the offence is committed in relation to a dwelling-house, of an indictable offence and liable to imprisonment for life, and

(e) if the offence is committed in relation to a place other than a dwelling-house, of an indictable offence and liable to imprisonment for a term not exceeding ten years or of an offence punishable on summary conviction.

(2) For the purposes of proceedings under this section, evidence that an accused

(a) broke and entered a place or attempted to break and enter a place is, in the absence of evidence to the contrary, proof that he broke and entered the place or attempted to do so, as the case may be, with intent to commit an indictable offence therein; or

(b) broke out of a place is, in the absence of any evidence to the contrary, proof that he broke out after

(i) committing an indictable offence therein, or

(ii) entering with intent to commit an indictable offence therein.

(3) For the purposes of this section and section 351, place means

(a) a dwelling-house;

(b) a building or structure or any part thereof, other than a dwelling-house;

(c) a railway vehicle, a vessel, an aircraft or a trailer; or

(d) a pen or an enclosure in which fur-bearing animals are kept in captivity for breeding or commercial purposes.

The Complainant was seriously injured in the course of his arrest by YRP officers on July 9, 2026. 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 their disposal that the Complainant was implicated in a break and enter in a home in Vaughan earlier that morning, having tracked the Complainant from the crime to the parking lot in Pickering, I am satisfied that the officers who participated in the takedown were within their rights in moving to take him into custody under section 348 of the Criminal Code.

I am also satisfied that the evidence falls short of reasonably establishing that unlawful force was brought to bear in the Complainant’s arrest. There is a version of events proffered in the evidence in which the Complainant was struck in the face two to three times by the SO inside the Odyssey, and punched and kicked repeatedly by officers once on the ground before he was handcuffed. At no point did he resist. That evidence, however, is called into question by the video footage captured by the YRP helicopter in the air at the time. It shows the SO struggling to pull the Complainant from the Odyssey, suggesting an altercation of sorts. WO #5 also says that he observed the Complainant fighting the SO and anchoring himself in the vehicle as the SO tried to remove him. Moreover, there is the evidence of WO #1 that the Complainant continued to physically resist arrest on the ground. That prompted the officer to kick the Complainant several times with the goal of subduing him. On the officers’ rendition of events, I would be unable to reasonably conclude that the SO, or WO #1, for that matter, used excessive force. The officers had cause to believe that the Complainant had just left the scene of a serious crime and that he was part of a crime cohort involving past break and enters. His prompt capture was a matter of pressing public interest, and the use of a takedown and discrete, sharp force to overcome his resistance reasonable in the circumstances. On this record, there being no reason to prefer the incriminating account over that of the officers, and some reason to doubt it, there are no reasonable grounds in the evidence to attribute the Complainant’s injury to unlawful conduct on the part of the SO.

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

Date: November 3, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit