No criminal offence found in HRPS officer's use of force in Oakville

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On July 13, Halton Regional Police Service (HRPS) officers responded to a distress call at an Oakville residence around 9:17 p.m., addressing concerns for the welfare of a 22-year-old man. The situation escalated when officers arrived, as the man, armed with a knife and bear spray and reported to be in complete psychosis, prompted officers to establish containment around the property.

In an attempt to communicate with the individual, officers worked throughout the night. However, due to the escalating threat posed by the man's possession of weapons, officers were compelled to take action at around 4 a.m. on July 14.

During the intervention, officers broke a window, and an Anti-Riot Weapon ENfield (ARWEN) was discharged multiple times by an officer at the man. Despite the use of force, the man was ultimately taken into custody, sustaining non-life-threatening injuries in the process.

After the incident, the Special Investigations Unit (SIU) thoroughly assessed the evidence based on the officer's actions and the circumstances surrounding the confrontation. 

The SIU recently concluded that there were no reasonable grounds to believe that the HRPS officer involved had committed a criminal offence in connection with the use of the ARWEN. As a result, there is no basis for proceeding with charges in this case, and the file is now closed.

Director of the Special Investigations Unit, Joseph Martino, cited this line from the Criminal Code in a Director’s Report from the SIU:

“Pursuant to section 25(1) of the Criminal Code, police officers are immune from criminal liability for force used in the course of their duties provided such force was reasonably necessary in the execution of an act that they were required or authorized to do by law.”