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 30-year-old man (the “Complainant”).

Notification of the SIU[1]

On July 18, 2026, at 8:06 a.m., the London Police Service (LPS) contacted the SIU with the following information.

At approximately 12:30 a.m., July 18, 2026, LPS officers responded to an intimate partner violence call on Wonderland Road North. It was reported that the Complainant, a passenger in a vehicle with his girlfriend, her sister and her 18-year-old son, threw a drink can at the son in the course of an argument and took two cellular telephones belonging to his girlfriend and her son. The vehicle stopped near 654 Wonderland Road North, and the Complainant exited. He was seen walking away as police arrived. The Subject Official (SO) located the Complainant walking south on Wonderland Road North at 12:49 a.m. The officer advised the Complainant that he was under arrest for theft and attempted to restrain him. The Complainant resisted and a struggle ensued. The SO grounded the Complainant and called for assistance. Before other officers arrived, the officer handcuffed the Complainant behind his back. At 12:51 a.m., the Complainant was transported to LPS Headquarters and lodged in a cell, after which he complained of pain in his left arm. He was transported to London Health Sciences Centre (LHSC), Victoria Hospital where, at 5:12 a.m., it was confirmed that he had sustained a fractured left wrist.

The Team

Date and time team dispatched: 2026/07/18 at 11:20 a.m.

Date and time SIU arrived on scene: 2026/07/18 at 3:55 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”)

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

The Complainant was interviewed on July 18, 2026.

Civilian Witness (CW)

CW Declined an interview

Subject Official (SO)

SO Declined an interview, as is the subject official’s legal right; notes received and reviewed

Witness Official (WO)

WO Interviewed; notes received and reviewed

The witness official was interviewed on July 24, 2026.

The Scene

The events in question transpired on and around the west sidewalk of Wonderland Road North in the area of 654 Wonderland Road North, London.

Video/Audio/Photographic Evidence[2]

Body-worn Camera (BWC) Footage – The SO

On July 18, 2026, starting at about 12:49 a.m., the SO was captured driving in the strip mall parking lot at 654 Wonderland Road North and subsequently stopping and exiting his vehicle. A man - the CW - approached him to say that the male he was looking for was walking on the sidewalk in front of a car dealership. The SO broadcast, “[SO’s call sign], the male who stole the phone is apparently southbound on Wonderland.” The SO began to run southbound on the sidewalk towards the male - the Complainant.

Starting at about 12:50 a.m., the SO ran towards the Complainant and asked to speak to him and to see his hands. The Complainant was holding a cellular telephone in his right hand and an article of clothing in his left. Both hands were raised up around shoulder height. The Complainant stated, “I’m just trying to be cool.” The SO stated, “I don’t care, put your hands behind your back.” The SO placed his left hand around the right bicep of the Complainant stating, “Put your hands behind your back, you’re under arrest for theft.” The Complainant stated, “This is not theft.” The SO repeatedly told the Complainant to put his hands behind the back, the Complainant did not do so, and the parties struggled with each other on their feet for a period. The SO eventually held the Complainant’s right arm with both hands and pushed him forward to the ground. The Complainant attempted to roll onto his back. The SO moved his right hand to the Complainant’s left shoulder and placed his left hand on the Complainant’s left arm. The officer simultaneously pushed the Complainant’s left shoulder forward while pulling his left arm back. The Complainant could be heard yelling and the SO broadcast, “Ya he’s resisting.” After a struggle, the SO placed the Complainant’s hands in handcuffs behind the back. The Complainant stated, “Man, they stole my shit first.”

Video Footage - Finch Chevrolet Cadillac, 654 Wonderland Road North

The footage began with the Complainant walking south on the sidewalk of Wonderland Road North. The Complainant looked over his shoulder in the direction of the SO on the sidewalk. The Complainant stopped, and he and the SO appeared to engage in a conversation. The SO stepped behind the Complainant, at which point the camera view was obscured. A LPS vehicle with emergency lighting activated subsequently arrived on scene with the WO.

LPS Communications Recordings and Computer-assisted Dispatch (CAD) Report

A 911 call was received at 12:36 a.m., July 18, 2026, from a woman, reporting a fight between the Complainant and the CW. Their location was near the Money Mart at 654 Wonderland Road North. The 911 operator told the woman to call back if the situation escalated.

A second 911 call was received, this time from another woman at 12:45 a.m. She said that the Complainant had stolen her two cellular telephones. Police dispatch indicated that police were en route. The CW spoke to the police dispatcher to say that the Complainant had thrown a drink at him, which started the altercation.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from LPS between July 20, 2026, and July 22, 2026:

• LPS policies - Use of Force; Arrest
• Police communications recordings
• CAD Report
• Notes – the SO and the WO
• Written statement – the WO
• General Occurrence Report / Prosecution Summary
• BWC footage - the SO

Materials Obtained from Other Sources

The SIU obtained the following records from the following sources between July 22, 2026, and July 29, 2026:

• The Complainant’s medical records from LHSC Victoria Hospital
• Video footage from Finch Chevrolet Cadillac

The evidence collected by the SIU, including interviews with the Complainant and video footage that captured the incident, gives rise to the following scenario. As was his legal right, the SO chose not to interview with the SIU. He did authorize the release of his notes.

In the early morning of July 18, 2026, the Complainant was a passenger in a vehicle with his girlfriend, her family and a family friend when an argument broke out. The friend called police to report a disturbance between the Complainant and his girlfriend’s son. A further call to 911 indicated that the Complainant had stolen his girlfriend’s cellphones and thrown a drink at her son. The vehicle had come to a stop near a Money Mart at 654 Wonderland Road North.

The SO arrived on scene and spoke to the Complainant’s girlfriend and her son. The Complainant had left the vehicle by this time and was walking south on the west side of Wonderland Road North. The son identified the Complainant on the sidewalk and the SO made his way on foot to his location. The officer reached the Complainant, told him to put his hands behind the back, and advised that he was under arrest for theft. He took hold of the Complainant’s right arm and attempted to bring it behind the back. The Complainant resisted the SO’s efforts and objected to his arrest. He refused to place his arms behind the back as directed by the officer. The SO forced the Complainant to the ground where the struggle to control his arms behind the back continued for another minute before the handcuffs were secured.

The Complainant was seen at hospital after his arrest and diagnosed with a fractured left wrist.

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 334(b), Criminal Code - Punishment for Theft

334 Except where otherwise provided by law, every one who commits theft

(b) if the value of what is stolen is not more than $5,000, is guilty

(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(ii) of an offence punishable on summary conviction.

The Complainant was seriously injured in the course of his arrest by a LPS officer on July 18, 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 his disposal from the 911 calls, and directly from speaking with the 911 callers on scene, that the Complainant had stolen cellphones, the SO was within his rights when he took hold of the Complainant to place him under arrest for theft contrary to section 334(b) of the Criminal Code.

The SO was entitled to respond with a degree of force when the Complainant refused to put his arms behind the back and physically resisted the officer’s efforts to place them in that position. He did so in a measured way by attempting to wrestle control of the Complainant’s arms and, when that failed, bringing him to the ground. The takedown, which was not accompanied by undue force, made sense. With the Complainant on the ground, the SO could better expect to manage any continuing resistance on his part. The Complainant did continue to resist for a period but was ultimately subdued and handcuffed behind the back. At no time did the SO strike the Complainant.

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

Date: November 5, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit