News Release

No Charges After Man’s Nose Broken During Arrest at Hamilton Home

Case Number: 21-OCI-109   

Mississauga, ON (18 November, 2021) ---
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that a Hamilton Police Service officer committed a criminal offence when a man’s nose was broken during an arrest last April.

On April 6, 2021, Hamilton Police Service responded to a call for a family disturbance at a residence on Neil Avenue in Hamilton. The officer attempted to arrest the man for an assault of the man’s father. During a struggle, the officer delivered two right-hand punches to the man’s face. The man was taken to hospital via ambulance, and diagnosed with a fractured nose.

Director Martino concluded that the evidence did not give rise to a reasonable belief that the punches were excessive in the circumstances.

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
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342