News Release

SIU Concludes Investigation into Hamilton Arrest

Case Number: 23-OCI-207   

Mississauga, ON (28 September, 2023) ---
On the night of May 30, 2023, Hamilton Police Service officers were dispatched to a residential area after reports had been received of a person travelling between the houses and garages. Two officers located a person of interest in the backyard of a house, and they confronted him. The 40-year-old man attempted to escape apprehension by running towards a gate in the fence that led to the front of the house. Other officers grabbed the man and tripped him to the ground.  A struggle ensued before the man was handcuffed and taken into custody. At hospital, he was diagnosed with a fractured right orbital bone. On his assessment of the evidence, SIU Director Joseph Martino determined there were no reasonable grounds to believe that an officer committed a criminal offence in connection with the man’s arrest and injury. There was no basis for proceeding with criminal charges in this case, and 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