News Release

Thunder Bay Police Officer Charged

Case Number: 13-PCI-116   

Mississauga (12 July, 2013) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has reasonable grounds to believe that a Thunder Bay Police Service officer committed a criminal offence in relation to the assault of 43-year-old David Ferguson in May of 2013. Director Scott has caused a charge to be laid against the officer.

The SIU investigation determined that on the night of Saturday, May 4, 2013, officers with the Ontario Provincial Police Thunder Bay detachment were following a vehicle traveling on Highway 61 with the intention of stopping it. The vehicle would not stop. A short time later, officers found the driver, Mr. Ferguson, parked in a driveway. During the arrest, Mr. Ferguson sustained a broken orbital bone. Director Scott concluded on the basis of the SIU investigation that the force used by the OPP officer who caused the eye injury was reasonable and legally justified. 

After being arrested, Mr. Ferguson was taken to the Thunder Bay Police Service (TBPS) station. During the course of the SIU’s investigation, the SIU learned of a subsequent use of force against Mr. Ferguson by an officer with TBPS. As a result, TBPS Constable Andrew Johnstone is facing one charge of Assault, contrary to s. 266 of the Criminal Code of Canada. 

The officer is required to appear before the Ontario Court of Justice at 1805 East Arthur Street in Thunder Bay on August 20, 2013.  The Justice Prosecutions branch of the Ministry of the Attorney General will have carriage of the prosecution.

As this matter is now before the courts, and in consideration of the fair trial interests of the charged officer and the community, the SIU will make no further comment pertaining to this investigation. 

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