SIU Concludes Investigation into Custody Injury Involving the Brantford Police Service
Case Number: 08-OCI-225
"The officers were involved in a lawful arrest based upon credible information of the 46-year-old man having been involved in an assault," concluded SIU Director Ian Scott.
"Under section 25(1) of the Criminal Code," Mr. Scott continued, "an officer is justified in using force where the force in question is reasonably necessary in the discharge of his or her lawful duties. Given the highly resistant behaviour of the man, it is my view that the force used, consisting of a number of hand and knee strikes, was reasonably necessary to effect the arrest and was not excessive under the circumstances."
The SIU was notified by the Brantford Police Service on October 21, 2008 after hospital treatment revealed that the man had suffered three fractured ribs during his arrest at his home on Bond Street during a police investigation of a domestic assault.
During the course of its investigation, the SIU interviewed the subject officers, six witness officers and six civilians, and also reviewed the Policing Standards/Internal Police Policies of the Brantford Police Service.
The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must
- consider whether an officer has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
- report the results of any investigations to the Attorney General.