News Release

SIU Determines Takedown of Man in Newmarket Did Not Constitute Excessive Force; No Charges to Issue

Case Number: 22-OCI-153   

Mississauga, ON (13 October, 2022) ---
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that a York Regional Police officer committed a criminal offence in connection with the serious injuries suffered by a 43-year-old man in June.

In the evening of June 14, 2022, officers were dispatched to an apartment building in Newmarket after a woman reported that her estranged partner was in violation of terms of his release on bail requiring that he not communicate with her or be within a certain distance of her location. The officers found the man in the rear parking lot of a restaurant, less than a hundred metres east of the entrance doors of his ex-girlfriend’s apartment building. Following a brief conversation, the officers took hold of the man’s arms, after which a struggle ensued when the man began to resist his handcuffing. From the man’ left side, and with a hold of his left arm, one of the officers tripped the man and forced him to the ground. The man landed on his front side and sustained injuries to his left arm and leg. He handcuffed on the ground behind his back without further incident. At hospital, the man was diagnosed with fractures of the left knee and a dislocated left shoulder.

As there were no reasonable grounds to believe that the officer comported himself other than lawfully in his dealings with the man, Director Martino determined there was no basis for proceeding with criminal charges against the officer. 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