News Release

SIU Concludes Investigation into Fatal Gunfire Exchange in Hamilton Cemetery

Case Number: 22-OFD-233   

Mississauga, ON (20 December, 2022) ---
On September 12, 2022, a 40-year-old man was shot and killed in Hamilton in an exchange of gunfire with Hamilton Police Service (HPS) and Halton Regional Police Service (HRPS) officers. Prior to the shooting, the man had killed three individuals, including a Toronto Police Service officer, and had attempted to kill at least eight other individuals. The four officers who fired their weapons during the gunfire exchange were identified as the subject officials. 

At the end of the investigation, it was not altogether clear which bullets from which police firearms wounded the man. Be that as it may, Special Investigations Unit Director Joseph Martino determined the use of firearms by the officers constituted legally justified force given the circumstances. As there were no reasonable grounds to believe that any of the officers comported themselves other than within the limits of the criminal law when they fired at the man, there was no basis for proceeding with charges in this case. The file has been closed.
Full Director’s Report (with Incident Narrative, Evidence, and Analysis & Director’s Decision):

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

Lisez ce communiqué en français.

Kristy Denette,
SIU Communications/Service des communications, UES