News Release
No Reasonable Grounds to Criminally Charge a Peel Regional Police Officer in Connection with the Shooting Death of Jamal Francique
Case Number: 20-OFD-005
On January 7, 2020, Jamal Francique was shot by a Peel Regional Police (PRP) officer in the course of his arrest in Mississauga. Mr. Francique was taken to hospital and remained alive on life support until he passed away on January 10, 2020. The SIU was notified and commenced an investigation.
Based on his review of the evidence, the Director of the Special Investigations Unit, Joseph Martino, has determined there are no grounds for proceeding with charges against the officer notwithstanding Mr. Francique’s death, and the file is closed.
Full Director’s Report (with Incident Narrative, Evidence, and Analysis & Director’s Decision): https://www.siu.on.ca/en/directors_reports.php.
Timeline of Investigation
January 7, 2020
- On this date, Peel Regional Police (PRP) notifies the SIU that 28-year-old Jamal Francique was shot by a police officer in the course of his arrest in Mississauga. The SIU is advised that Mr. Francique was taken to hospital for treatment.
- Five investigators and three forensic investigators are dispatched to the scene located in the area of Southampton Drive and Aquinas Avenue in Mississauga.
- Over several days, the SIU canvasses the area in an effort to identify witnesses and to locate evidence such as video recordings.
- Upon request the SIU obtains and reviews various materials and documents from the PRP, including the event chronology, Canadian Police Information Centre record for Mr. Francique, disclosure log-Communications, audio copy reports, and the involved officers’ notes.
- The first news release is issued.
January 8, 2020
- Five witness officers and one subject officer are designated.
January 9, 2020
- Four witness officers are interviewed.
January 10, 2020
- Mr. Francique, who had been on life support since the date of the incident, passes away.
- A second news release is issued to update the public on the investigation.
January 11, 2020
- The SIU lead investigator and lead forensic investigator attend the Forensic Services and Coroner’s Complex in Toronto for the post-mortem examination. The SIU receives preliminary results at the conclusion of the examination.
January 13, 2020
- One civilian witness is interviewed.
January 15, 2020
- Two witness officers are interviewed.
January 22, 2020
- Two additional witness officers are designated.
January 30, 2020
- The final two witness officers are interviewed.
February 18, 2020
- The SIU receives the Chemistry Report from the Centre of Forensic Sciences.
March 10, 2020
- The SIU receives the Biology Report from the Centre of Forensic Sciences.
March 12, 2020
- The subject officer is interviewed but does not provide his notes. Pursuant to Ontario Regulation 267/10 of the Police Services Act, subject officers cannot be legally compelled to present themselves for an interview with the SIU and they do not have to submit their notes to the SIU.
May 22, 2020
- The SIU receives the Firearms Report from the Centre of Forensic Sciences.
July 22, 2020
- The SIU lead investigator submits the investigative report to management for review and decision-making.
July 24, 2020
- A third news release is issued to update the public on the investigation.
November 19, 2020
- The SIU receives the Report of Postmortem Examination from the Coroner’s Office.
December 30, 2020
- On his review of the evidence, Director Joseph Martino signs off on the Report to the Attorney General reporting that there are no reasonable grounds to believe that an officer committed a criminal offence in connection with Mr. Francique’s death.
January 18, 2021
- Investigators notify family’s counsel of the decision. Counsel requests the SIU to delay releasing the decision publicly until the family has been briefed.
January 20, 2021
- The results of the investigation are released to the public.
The SIU is an independent government agency that investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must
- consider whether the official has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
- publicly report the results of its investigations