Explanatory note

The Ontario Government is releasing past SIU Director Reports (submitted to the Attorney General prior to May 2017) that include fatalities involving a firearm, physical altercation, and/or use of conducted energy weapon, or other extensive police interaction that did not result in a criminal charge.

Justice Michael H. Tulloch made recommendations about the release of past SIU Director Reports in the Report of the Independent Police Oversight Review, released on April 6, 2017.

Justice Tulloch explained that since past reports were not originally drafted for public release they may have to be edited substantially to protect sensitive information. He took into account that confidentiality assurances were given to various witnesses during the course of SIU investigations, and recommended that some information be redacted in the interests of privacy, safety, and security.

As recommended by Justice Tulloch, this explanatory note is being provided to assist the reader’s understanding of why certain information is redacted in these reports. Notes have also been inserted throughout the reports to help describe the nature of the information that was redacted and why it was redacted.

Law enforcement and personal privacy information considerations

Consistent with Justice Tulloch’s recommendations and guided by section 14 of the Freedom of Information and Protection to Privacy Act (FIPPA) (relating to law enforcement information), portions of these reports have been removed to protect:

  • confidential investigative techniques and procedures used by the SIU
  • information whose release could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding
  • witness statements and evidence gathered in the course of the investigation, provided to the SIU in confidence

Consistent with Justice Tulloch’s recommendations and guided by section 21 of FIPPA (relating to personal privacy information), personal information, including sensitive personal information, has also been redacted, except that which is necessary to explain the rationale for the Director’s decision. This information may include, but is not limited to, the following:

  • subject officer name(s)
  • witness officer name(s)
  • civilian witness name(s)
  • location information
  • other identifiers which are likely to reveal personal information about individuals involved in the investigation, including in relation to children
  • witness statements and evidence gathered in the course of the investigation, provided to the SIU in confidence

Personal health information

Information related to the personal health of individuals that is unrelated to the Director’s decision (taking into consideration the Personal Health Information Protection Act, 2004) has been redacted.

Other proceedings, processes, and investigations

Information may have also been excluded from these reports because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.

Director’s report

Introduction

On Sunday, June 5, 2005 at 1128 hrs Notifying Officer of the Ottawa Police Service (OPS) notified the SIU of Mr. Michaud’s death. At 0905 hrs on June 5, 2005, Stephane Michaud was at the Ottawa International Airport in Ottawa. Mr. Michaud, who has a history of psychiatric problems, was in a waiting area of the airport when he started to jump off furniture and bang his head on the floor. An off-duty RCMP officer and airport staff intervened to assist Mr. Michaud. Mr. Michaud struggled with them. He was contained until the arrival of OPS officers. He continued to struggle violently. Mr. Michaud was handcuffed with his hands behind his back. Paramedics arrived. Mr. Michaud was placed face down on a gurney and administered an injection. Mr. Michaud’s condition deteriorated and life support efforts were made. Mr. Michaud was transported to the Ottawa Hospital (General Campus) where he was pronounced dead.

The investigation

The SIU immediately dispatched five investigators and two forensic identification technicians (FIT). The SIU arrived at the scene at 1305 hrs. The scene was photographed, measured and sample swabs were taken. A knapsack belonging to Mr. Michaud was collected at the scene.

A post mortem examination was conducted on Mr. Michaud on June 6, 2005. The cause of death was undetermined at that time. Biological samples were submitted to the Centre of Forensic Sciences (CFS) for toxicological analysis. The final report prepared by the pathologist, Dr. Doctor, was not completed until mid-February, 2006, as she did not receive the ambulance call report until the first week of February. The CFS report indicated that no drugs and/or poisons were detected.

On June 7, 2005 the SIU issued the following officer designations:

  • Subject Officer #1– subject officer
  • Subject Officer #2– subject officer
  • Subject Officer #3– subject officer
  • Witness Officer #1– witness officer
  • Witness Officer #2– witness officer

On June 8, 2005 SIU investigators conducted interviews with the following witness officers:

  • Witness Officer #1, and
  • Witness Officer #2

On July 6, 2005 SIU investigators conducted interviews with the following subject officers:

  • Subject Officer #1
  • Subject Officer #2
  • Subject Officer #3

Twenty-five civilian witnesses were interviewed between June 5 and September 2, 2005.

  • Civilian Witness #1 (June 5, 2005)
  • Civilian Witness #2 (June 5, 2005)
  • Civilian Witness #3 (June 5, 2005)
  • Civilian Witness #4 (June 5, 2005)
  • Civilian Witness #5 (June 6, 2005)
  • Civilian Witness #6 (June 6, 2005)
  • Civilian Witness #7 (June 6, 2005)
  • Civilian Witness #8 (June 6, 2005)
  • Civilian Witness #9 (June 6, 2005)
  • Civilian Witness #10 (June 6, 2005)
  • Civilian Witness #11 (June 6, 2005)
  • Civilian Witness #12 (June 7, 2005)
  • Civilian Witness #13 (June 7, 2005)
  • Civilian Witness #14 (June 8, 2005)
  • Civilian Witness #15 (June 8, 2005)
  • Civilian Witness #16 (June 8, 2005)
  • Civilian Witness #17 (June 8, 2005)
  • Civilian Witness #18 (June 9, 2005)
  • Civilian Witness #19 (June 17, 2005)
  • Civilian Witness #20 (June 17, 2005)
  • Civilian Witness #21 (June 19, 2005)
  • Civilian Witness #22 (August 23, 2005)
  • Civilian Witness #23 (August 24, 2005)
  • Civilian Witness #24 (August 29, 2005)
  • Civilian Witness #25 (September 2, 2005)

In the course of this investigation the SIU received and reviewed the following materials:

  • A printout of Stephane Michaud’s plane ticket
  • A list of officers as provided by the OPS
  • An airport video of the incident
  • The police communications tape
  • The OPS incident history
  • A CPIC message from the OPS to the Montreal Police regarding notification of the next of kin
  • A CPIC message from the Montreal Police indicating the notification had been made
  • Witness information provided by the OPS
  • A summary of the incident provided by Civilian Witness #10
  • The OPS definition of excited delirium
  • The OPS policy on arrest/search/courts/court security/prisoner care
  • The OPS policy on intoxicated persons
  • The OPS policy on use of force
  • A typed statement from Witness Officer #2
  • A typed statement and a copy of the notebook entry from Witness Officer #1, and
  • A typed statement from Non-Witness Officer #1

Confidential witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence (Law Enforcement and Privacy Considerations)

Director’s decision under s. 113(7) of the Police Services Act

There are no reasonable grounds to believe that any of the officers involved in this incident committed any criminal offence. The conclusion of this investigation has been substantially delayed by the lengthy delay in receiving a final report from the pathologist (it was received by our office on March 22, 2006).

As a result of the extensive investigation carried out by this Unit I am satisfied that no act or omission of any police officer caused the death of Mr. Michaud.

Just shortly before 0900 hrs on the morning of June 5, 2005, Mr. Michaud (who had just flown in from Halifax) was in the Ottawa International Airport in Ottawa. Mr. Michaud had suffered from certain psychological issues for a number of years and they seemed to take a hold of him suddenly that morning. Numerous witnesses report seeing Mr. Michaud causing himself serious injury by throwing himself face first onto the concrete floor of the airport while he yelled, “Just shoot me!” All of this was captured on security video cameras.

The police were called and the first officers arrived at the scene at 0908 hrs. They took over the struggle that various civilians had started. All the efforts were directed at controlling Mr. Michaud and trying to prevent him from hurting himself. Everyone involved either as a participant or a spectator, commented on the apparent superhuman strength of Mr. Michaud. The officers finally were able to cuff Mr. Michaud’s hands behind his back and then put him in a sitting position. He quickly wiggled away from them and went to the floor and then under some seats. There the officers trapped him on his back until the EMS arrived at 0928 hrs.

Now the struggle was to get Mr. Michaud on the stretcher. After one failed attempt, Mr. Michaud was put onto the gurney in a prone position. It was while in that position at 0935 hrs that the EMS attendants tried to secure Mr. Michaud to the stretcher with straps. He struggled still and indeed was able to break loose of one of those straps. Once on the stretcher and after consultation with a doctor over the telephone, one EMS attendant administered an injection to assist in the control of the out of control Mr. Michaud. It seemed to work.

At 0956 hrs the EMS personnel and the police became concerned that Mr. Michaud appeared to be in distress. The restraints were removed and CPR and other resuscitation attempts commenced. These continued until Mr. Michaud’s arrival at the hospital and thereafter. Mr. Michaud was pronounced dead at 1053 hrs.

A post mortem examination was conducted upon Mr. Michaud’s body the next day. No anatomical cause of death was determined by the pathologist. There were many injuries on Mr. Michaud’s body but it is apparent that those injuries were self-inflicted or suffered in the course of the struggle with the civilians, the police and with EMS personnel. Still others apparently were the result of resuscitation attempts.

The cause of Mr. Michaud’s death remains undetermined. It will be for other offices and other processes to make definitive findings in that regard. Whatever the cause of Mr. Michaud’s death, however, I am satisfied that none of the subject officers bear any criminal liability in relation to it. In their time with Mr. Michaud they managed to control him notwithstanding his emotional state and then acted quickly to assist in whatever way they could with medical intervention at the first sign of distress. In these circumstances, I am of the view that the officers’ conduct fell well within the requisite level of care prescribed by the criminal law.

Date: March 31, 2006

Original signed by

James L. Cornish
Director
Special Investigations Unit