SIU Director’s Report - Case # 26-OVI-317
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Contents:
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 34-year-old man (the “Complainant”).
The Investigation
Notification of the SIU[1]
On July 11, 2026, at 8:22 a.m., the Guelph Police Service (GPS) contacted the SIU with the following information.
On July 11, 2026, at 6:27 a.m., while on patrol in Guelph, the Subject Official (SO) was flagged down by a civilian reporting a robbery. The civilian provided a description of the suspect. Police officers were dispatched, located the suspect - the Complainant, and directed him to stop. The Complainant fled on a bicycle but was subsequently located by officers in the area of Riverview Park. He was again directed to stop and again fled, this time colliding with a marked police vehicle. The Complainant was arrested at 6:36 a.m. and transported to the Guelph General Hospital (GGH), where he was diagnosed with a fractured nose.
The Team
Date and time team dispatched: 2026/07/11 at 9:05 a.m.
Date and time SIU arrived on scene: 2026/07/11 at 9:25 a.m.
Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 0
Number of SIU Collision Reconstructionists assigned: 1
Affected Person (aka “Complainant”)
31-year-old male; interviewed; medical records obtained and reviewed
The Complainant was interviewed on July 11, 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 Not interviewed; notes reviewed, and interview deemed unnecessary
The witness officials were interviewed on July 14, 2026.
Evidence
The Scene
The events in question transpired on Riverview Drive a short distance north of Speedvale Avenue East, Guelph.
Forensic Evidence
GPS Data – The SO’s Cruiser on Riverview Drive
At 6:36:44 a.m., July 11, 2026, the SO’s cruiser registered a speed of 23 km/h, followed by a speed of 0 km/h.
At 6:36:45 a.m., the SO’s cruiser registered a speed of 0 km/h.
The SO’s cruiser remained stationary until 6:41:40 a.m.
Video/Audio/Photographic Evidence[2]
In-car Camera (ICC) Footage - WO #2
Starting at about 6:35 a.m., July 11, 2026, WO #2 was captured driving around several streets.
Starting at about 6:36 a.m., the Complainant was seen riding a bicycle northbound across Speedvale Avenue East. WO #2 followed with his emergency lighting activated as the Complainant travelled into the parking lot of Guelph Fire Station #2, on the west side of Riverview Drive. WO #2 stopped, exited his cruiser and ran after the Complainant on foot in a southeast direction.[3]
ICC Footage - The SO
The SO was captured driving across streets in Guelph looking for the Complainant.
Starting at about 6:35 a.m., the SO exited her police vehicle and looked down a street to see where the Complainant had gone, after which she returned to her cruiser. She failed to turn the cruiser’s ICC back on but later activated it after the collision with the Complainant.
Body-worn Camera (BWC) Footage – The SO
On July 11, 2026, starting at about 6:32 a.m., the SO told the Complainant to, “Stop running. See my lights.” The Complainant ignored her and rode off on his bicycle. The SO got back in her police vehicle and drove after the Complainant, travelling several streets until she arrived on Paul Avenue, where she broadcast that she had tried to pull the Complainant over.
Starting at about 6:34 a.m., while driving alongside the Complainant, the SO asked him to pull over. The Complainant asked why and the SO explained he was travelling on a sidewalk. She again instructed him to stop and pull over. The Complainant ignored the SO and fled. The SO crossed Delhi Street, where she stopped, exited her police vehicle and looked around for the Complainant. She returned to her police vehicle and continued her search for the Complainant.[4] There was a radio transmission that the Complainant was on Riverview Drive.
Starting at about 6:35 a.m., the SO made her way to Riverview Drive.
Starting at about 6:36 a.m., the SO turned her steering wheel sharply to the right. Something that appeared to be an impact occurred (the BWC primarily captured the steering wheel and did not have a view of the collision with the Complainant). The SO stopped and exited her police vehicle. There was a bicycle on the roadway by the left front corner of the cruiser. The SO rounded the corner of her police vehicle to see the Complainant laying on the roadway on his right side. A police officer - WO #2 - knelt in front of the Complainant and held his left arm. The Complainant wore a backpack and was told to put his hands behind his back. WO #2 told him he was not cooperating. The SO told him he was supposed to stop when told to do so. Blood could be seen coming from the Complainant’s nose. He refused to identify himself and asked why he was being arrested. The SO answered that he had “failed to stop” and explained she could stop him for riding on the sidewalk with his bike.
Starting at about 6:42 a.m., the Complainant said he was, “Riding [his] bike around and I ran into the car. This is bullshit.” The SO arrested the Complainant for failing to stop, robbery and refusing to identify.
Later in the recording, the Complainant said he was hit by the police vehicle.
BWC Footage - WO #2
WO #2’s BWC recording started at 6:35 a.m., with him telling the Complainant to stop his bicycle on Riverview Drive. He stopped his police vehicle in the parking lot of the Guelph Fire Station #2 and ran after the Complainant, who was on his bicycle riding through a grass area towards Riverview Drive.
Starting at about 6:36 a.m., a police vehicle [now known to be driven by the SO] turned onto Riverview Drive with no emergency lighting activated. The Complainant rode across the grass as the SO’s police vehicle approached at what appeared to be low speed. The SO turned her front wheels away from the curb as the Complainant neared the left front corner of the SO’s police vehicle. The physical contact between the two was not captured on BWC.
When WO #2’s BWC view returned to the incident, the Complainant’s bicycle was on the roadway, and he was standing in front of the left front corner of the SO’s police vehicle. WO #2 ran up, pushed the Complainant to the roadway and told him to put his hands behind the back.
GPS Communications Recordings & Computer-assisted Dispatch (CAD) Report
On July 11, 2026, starting at 6:27 a.m., the SO informed the dispatcher of information she had received from a member of the public. The citizen reported they had been approached by a man in a sweater who asked them to put down their headphones and run away. The SO reported her location as Speedvale Avenue East and Woolwich Street. WO #2 was in the area and advised he would assist.
Subsequent communications indicated that police officers followed the Complainant for about ten minutes.
At 6:36 a.m., WO #2 broadcast that the Complainant had been located on Riverview Drive and refused to stop. About half-a-minute later, there was a broadcast from WO #1 that the Complainant was in custody. WO #2 broadcast that the Complainant had a bloody nose and an ambulance was requested.
GPS Scene Photographs
GPS provided the SIU with 20 photographs of the scene, including the Complainant’s bicycle and the SO’s cruiser. The bicycle appeared undamaged. The cruiser had a dent in the hood, possibly caused by contact with the Complainant’s head, and a scratch on the front driver-side bumper. The limited damage to the cruiser and bicycle suggested that the impact occurred at a low speed.




Materials Obtained from Police Service
Upon request, the SIU received the following materials from the GPS between July 14, 2026, and July 22, 2026:
- GPS data for cruisers of the SO, WO #2 and WO #1
- CAD Report
- Police communications recordings
- Motor Vehicle Collision Report
- General Report
- Notes - WO #2, WO #3 and WO #1
- GPS policies - Arrest and Release; Prisoner Detention and Release; Traffic Management, Enforcement and Road Safety; Use of Force
- BWC footage - WO #2, the SO and WO #1
- ICC footage - WO #2 and the SO
- Scene photographs
Materials Obtained from Other Sources
The SIU obtained the Complainant’s medical records from the GGH on July 22, 2026.
Incident Narrative
The evidence collected by the SIU, including interviews with the Complainant and police witnesses, and video footage that largely captured the incident, gives rise to the following scenario. As was her legal right, the SO chose not to interview with the SIU or authorize the release of her notes.
In the morning of July 11, 2026, the SO was on patrol when a citizen told her that she had been confronted by a male telling her to put down her headphones and run away. The officer radioed this information to dispatch, and subsequently broadcast that she was following a male on a bicycle who was refusing to stop. Over the course of the next ten minutes, the SO and other officers, including WO #2, drove the city streets in the area of Speedvale Avenue East, between Woolwich Street and Delhi Street, searching for the cyclist and occasionally spotting him.
The Complainant was the cyclist. He refused to stop for the officers and questioned why he was being followed. Near the tail end of the incident, the Complainant found himself cycling north across Speedvale Avenue East onto Riverview Drive with a police cruiser following him. He continued north a short distance, turned left into the rear parking lot of a fire station and circled back to travel southeast across a grass area towards the roadway.
WO #2 had pursued the Complainant into the parking lot, where he exited his cruiser and chased after the cyclist on foot. The officer was several metres behind the Complainant when the Complainant crashed into a cruiser travelling north on Riverview Drive.
The cruiser was being operated by the SO. She was slowing and turning away from the Complainant when the impact with the front driver-side of the cruiser occurred.
The Complainant fell over his handlebars on impact and struck his head on the cruiser’s hood. He was standing beside the cruiser when WO #2 tackled him to the ground. The SO exited her cruiser and assisted WO #2 in handcuffing the Complainant behind the back.
The Complainant was taken to hospital and diagnosed with a fractured nose.
Relevant Legislation
Section 320.13 (2), Criminal Code – Dangerous Operation Causing Bodily Harm
320.13 (2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.
Section 218, Highway Traffic Act – Cyclist to Identify Self
218 (1) A police officer who finds any person contravening this Act or any municipal by-law regulating traffic while in charge of a bicycle may require that person to stop and to provide identification of himself or herself.
(2) Every person who is required to stop, by a police officer acting under subsection (1), shall stop and identify himself or herself to the police officer.
(3) For the purposes of this section, giving one’s correct name and address is sufficient identification.
(4) A police officer may arrest without warrant any person who does not comply with subsection (2).
Analysis and Director’s Decision
The Complainant was seriously injured in the course of his arrest by GPS officers on July 11, 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.
The offence that arises for consideration is dangerous driving causing bodily harm contrary to section 320.13(2) of the Criminal Code. As an offence of penal negligence, a simple want of care will not suffice to give rise to liability. Rather, the offence is predicated, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have observed in the circumstances. In the instant case, the issue is whether there was a want of care in the manner in which the SO operated her vehicle, sufficiently egregious to attract criminal sanction, that caused or contributed to the collision. In my view, there was not.
With information at their disposal that the Complainant had attempted to coerce a citizen into giving away their property, the SO and the other officers were within their rights in looking for him to investigate the matter. When they found him riding a bicycle on city sidewalks, refusing to stop for the police, the officers had grounds to arrest the Complainant under section 218 of the Highway Traffic Act.
While the evidence does not establish that the SO deliberately struck the Complainant with her cruiser to stop his flight, it appears that the officer was attempting to use her vehicle to obstruct the Complainant’s path. The tactic was a risky one and the SO was obliged to proceed with caution. The evidence indicates that the SO was slowing to a standstill and turning away from the Complainant when he collided with her cruiser. In fact, there is evidence that the Complainant had opportunity to avoid a collision with the cruiser, but that he might have been distracted by the officer pursuing him on foot from behind – WO #2. On this record, I am unable to reasonably conclude that the SO transgressed the limits of care prescribed by the criminal law in the moments before the collision.
For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.
Date: November 4, 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]
- 3) WO #2’s police vehicle was not parked in a manner to have captured the collision between the Complainant and the SO’s police vehicle via the ICC recording. [Back to text]
- 4) GPS Professional Standards Branch (PSB) advised this was when the SO turned her ICC off or failed to activate it. This might be due to turning off her emergency lighting, which automatically would activate the ICC. [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.