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REPORT RAPPORT |
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DATE: |
18 October 2011 |
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TO/DEST: |
Executive Director, Ottawa Police Services Board |
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FROM/EXP: |
Acting Chief of Police, Ottawa Police Service |
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SUBJECT/OBJET: |
REPORT ON S.I.U. INVESTIGATION
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RECOMMENDATION
That the Ottawa Police Services Board receive this report for information.
BACKGROUND
In December 2010, Ottawa Police officers responded to a call that an
individual had overturned a table in his apartment and attempted to hit his
roommate with a bottle.
The individual was arrested and sustained two broken ribs and a broken nose while resisting the efforts of both officers. Both officers also sustained documented injuries during the arrest of this individual.
The Special Investigations Unit was contacted and invoked their mandate.
INVESTIGATION
Special Investigations Unit Investigation
On February 16th, 2011, the Acting Director
of the Special Investigations Unit advised Chief White that their investigation
was now complete and that no further action would be taken. S.I.U. Acting Director Joseph Martino stated in his
correspondence:
“The investigation by this Unit has been completed, the file has been
closed and no further action is contemplated. That is, there are no reasonable grounds, in
my view, to believe that either of the subject officers committed a criminal
offence in connection with the injuries sustained by [the individual] during
his arrest [in December 2010].
The evidence shows that the officers were proceeding lawfully to arrest [the individual] having been informed by [the individual’s] roommate of acts of mischief and assault committed against him by [the individual]. I note parenthetically that there are also no Feeney implications associated with the arrest as the officers’ entry into the apartment was sanctioned by [the roommate]. The evidence further establishes that [the individual] resisted his arrest strenuously, causing some injury to one of the subject officers in the process, and that the subject officers used significant force in kind, including multiple knee strikes, to subdue and handcuff [the individual]. In the circumstances, I am satisfied that the officers' use of force, which probably caused [the individual’s] injuries, was reasonably necessary and legally justified.”
Professional Standards
Section Investigation
Pursuant to section 11 of Regulation 673/98 of the Police Services Act, an investigation was conducted by the Professional Standards Section to determine if the policies of, or services provided by, the Ottawa Police Service were adhered to at the time of this incident, and to determine if the conduct of the police officers was appropriate.
The results are as follows:
Conduct: No misconduct was identified.
Policies: All policies were adhered to.
Service: No service issues were identified.
CONCLUSION
No further action to be taken on this matter.
(Original signed by)
Charles Bordeleau
Acting Chief of Police