News Release
SIU Closes Investigation into Sudbury Custody Injury
Case Number: 10-OCI-062
Other News Releases Related to Case 10-OCI-062
The SIU assigned two investigators and one forensic investigator to probe the circumstances of this incident. The investigation found that the following events took place on April 16:
* In the evening of that day, Mr. Joly attended a bush party.
* The subject officers and another officer attended the bush party for the purpose of dispersing the partygoers.
* Mr. Joly was arrested for public intoxication and placed in the back seat of a scout car, where he kicked and head butted its windows. He was transported to the Sudbury police holding cells and lodged there until his release the following day.
* After release, Mr. Joly attended the local hospital where he was treated for injuries to his hands and sternum.
Director Scott said, "What happened during the interaction between police and Mr. Joly is the subject of some controversy. I am of the view that the subject officers had the lawful authority to arrest the complainant for public intoxication under ss. 33(5) of the Liquor Licence Act due to a concern for his safety and the safety of others. On balance, I cannot conclude that either subject officer engaged in excessive force in the process of arresting him and taking him to the cruiser. First, the injuries Mr. Joly sustained are not consistent with the allegation that Mr. Joly was kicked. It is more likely than not that the serious injuries he received were sustained after he was lodged in the cells. The video footage shows him at one point punching the cell bars and swinging from the bars. Second, with respect to the witness evidence obtained by the SIU, it is not sufficiently reliable to establish reasonable grounds that excessive force was used. In some instances, the witnesses were intoxicated at the time of their observations, rending the accuracy of their recollections in question. In another case, the witness described a 'kneeing' which would not, in my view, amount to unreasonable force in the circumstances. This evidence was also plagued by the relatively poor lighting conditions at the time and the dynamic nature of the situation. All in all, I am not satisfied on the evidence before me that excessive force was used and accordingly cannot form reasonable grounds that a criminal offence took place."
If you or someone you know has been negatively affected by an incident under SIU investigation and would like support, the Affected Persons Program is here to help. You can reach us at 1-877-641-1897. Support is free, confidential, and available 24/7, every day of the year.
The SIU is an independent government agency that investigates the conduct of officials (municipal, regional and provincial police officers, police officers with the Nishnawbe Aski Police Service, 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