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News Release

SIU Concludes Investigation into Kenora Incident

Case Number: 10-PCI-048

Mississauga (5 May, 2010) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to believe that an Ontario Provincial Police (OPP) officer with the Kenora detachment committed any criminal offence in relation to the custody injury sustained by 34-year-old Toby Kakegamic of Kenora in March of this year.

The SIU investigation determined that on March 31, 2010 at approximately 8:24 pm the OPP received a complaint from staff at the Morningstar Withdrawal Management Centre (MWMC) in Kenora.

Two OPP officers attended at the centre and arrested Mr. Kakegamic for being intoxicated in a public place. Mr. Kakegamic was taken to the OPP detachment and placed in the holding cell. While in the cell, Mr. Kakegamic attempted to open the cell door several times while officers attempted to lock the cell. In the process, Mr. Kakegamic's left index finger was caught between the door and the frame, causing the tip to be severed. When the cell door was closed and locked, Mr. Kakegamic held his left hand up to the cell door window and it was noticed by the officers that his left index finger was bleeding and the tip of the finger was missing. Mr. Kakegamic was transported by ambulance to Lake of the Woods District Hospital and treated for his injury.

Director Scott said, "The complainant was properly arrested and detained under the authority of s. 31 of the Liquor Licence Act. The subject officer had the authority to keep the door to the holding cell closed. Unfortunately, the complainant placed his left index finger between the door and the frame when pushing on the cell door. When the subject officer pushed back, the pressure to the finger caught between the two metal objects caused the injury in question. The most reasonable conclusion for the cause of this injury is that it was the result of an accident in which the subject officer had no intention of hurting the complainant. Accordingly, no criminal liability may attach to the actions of the subject officer."

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. 

Monica Hudon,
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342