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

Notification of the SIU

On Thursday, March 28, 2013, Civilian Witness #6 called the SIU to report that, on Thursday, March 21, 2013, Guelph Police Service (GPS) responded to a disturbance call at a location, Guelph, Ontario. Sensitive Personal Information, Mr. Robert McGee, was arrested at the time. Civilian Witness #1, Mr. McGee’s common-law wife, told Civilian Witness #6 she saw the officers physically mistreat Mr. McGee during his arrest. According to Civilian Witness #6, Mr. McGee suffered from Alzheimer’s and dementia, and was very frail. Civilian Witness #6 reported that Deceased died in Guelph General Hospital (GGH) on March 27, 2013, and had not been well since his arrest.

The SIU contacted Non-Witness Officer of GPS. Non-Witness Officer confirmed that officers responded to Mr. McGee’s residence on March 21, 2013, and apprehended him under the Mental Health Act. Mr. McGee was taken to hospital in a cruiser. On Wednesday, March 27,

2013, officers were called to the residence when it was reported that Mr. McGee was in medical distress. Mr. McGee was found vital signs absent (VSA) in the apartment.

Overview

Mr. Robert McGee is an elderly male who suffers from dementia, Alzheimer’s and alcoholism. He lived with his common-law wife, Civilian Witness #1. Mr. McGee had been known to become agitated and loud. GPS officers had attended the residence in the past for complaints about Mr. McGee’s behaviour.

On March 21, 2013, Mr. McGee was at home with Civilian Witness #1. Mr. McGee began to yell at Civilian Witness #1, throw things at her and at one point may have brandished a knife. Civilian Witness #1 called police to attend so they could calm Mr. McGee down. On March 21, 2013, there was a police funeral in Guelph, so officers from Waterloo Regional Police Service (WRPS) were assisting in Guelph. Due to the fact Mr. McGee was said to have been brandishing a knife, four GPS patrol officers as well as two WRPS Tactical Response Unit (TRU) officers attended the call.

The officers went to Mr. McGee’s apartment and brought Mr. McGee into the hallway. In the hallway, Mr. McGee was taken to the floor and his hands were handcuffed behind his back, before he was transported to hospital via police cruiser. Mr. McGee was held at hospital for psychiatric evaluation. On March 22, 2013, Mr. McGee was released from hospital into the

custody of Civilian Witness #5. The medical staff did not identify or treat Mr. McGee for any physical injuries at that time.

On March 27, 2013, Mr. McGee was at his residence with Civilian Witness #1. Mr. McGee went to use the washroom and Civilian Witness #1 heard a thump sound. Sometime later, Civilian Witness #1 went to the washroom and found Mr. McGee lying lifeless on the floor. EMS was called and attended the residence. Mr. McGee was VSA upon their arrival but his body was removed from the residence because the paramedics were concerned for their safety due to the number of agitated persons in the residence. Mr. McGee was pronounced deceased upon his arrival at GGH.

On March 28, 2013, Civilian Witness #6 contacted the SIU to report Mr. McGee’s death. Civilian Witness #6 said Mr. McGee had a history of brain injury. Civilian Witness #6 believed it was the arresting officers’ mistreatment of Mr. McGee on March 21, 2013, that aggravated Mr. McGee’s brain injury and subsequently caused his death.

The investigation

On Thursday, March 28, 2013, the SIU dispatched three investigators and two forensic investigators. At 1525 hrs, investigators arrived and the investigation commenced by speaking to the next of kin (NOK), canvassing for witnesses as well as photographing the scene.

The SIU requested, received and reviewed the following documents and materials from GPS:

  • Communications recording on March 21, 2013
  • Communications recording on March 27, 2013
  • Occurrence report on March 21, 2013
  • Occurrence report on March 27, 2013
  • ICAD for March 21, 2013
  • ICAD for March 27, 2013

The following witness officers were designated and interviewed on the dates indicated below:

  • Witness Officer #1 (April 3, 2013)
  • Witness Officer #2 (March 31, 2013)
  • Witness Officer #3 (April 3, 2013)
  • Witness Officer #4 (March 30, 2013)
  • Witness Officer #5 (March 30, 2013)
  • Witness Officer #6 (April 6, 2013)
  • Witness Officer #7 (April 6, 2013)

The following witness officers were designated in order to receive a copy of their duty notes:

  • Witness Officer #8
  • Witness Officer #9
  • Witness Officer #10
  • Witness Officer #11
  • Witness Officer #12
  • Witness Officer #13
  • Witness Officer #14

The duty notes of the above-mentioned officers were reviewed and it was found these officers were not involved in Mr. McGee’s arrest on March 21, 2103. On March 27, 2013, the above- mentioned officers arrived on scene after Mr. McGee was found VSA.

Subject officer Subject Officer #1 declined to be interviewed by the SIU or to submit his duty notes for review. Subject Officer #2 and Subject Officer #3 both submitted their duty notes and were interviewed by the SIU on May 14, 2013.

The following is a list of civilian witnesses who were interviewed on the dates indicated below:

  • Civilian Witness #1 (March 28, 2013)
  • Civilian Witness #2 (March 28, 2013)
  • Civilian Witness #3 (March 28, 2013)
  • Civilian Witness #4 (March 28, 2013)
  • Civilian Witness #5 (March 28, 2013)
  • Civilian Witness #6 (March 28, 2013)
  • Civilian Witness #7 (March 29, 2013)
  • Civilian Witness #8 (March 29, 2013)
  • Civilian Witness #9 (March 29, 2013)
  • Civilian Witness #10 (March 29, 2013)
  • Civilian Witness #11 (March 29, 2013)
  • Civilian Witness #12 (April 24, 2013)
  • Civilian Witness #13 (April 24, 2013)
  • Civilian Witness #14 (April 26, 2013)
  • Civilian Witness #15 (April 29, 2013)
  • Civilian Witness #16 (April 29, 2013)

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

In my view, there are no reasonable grounds to believe that subject officers Subject Officer #1, Subject Officer #2 and/or Subject Officer #3 committed a criminal offence in relation to the death of Mr. McGee on March 27, 2013. Subject Officer #2 and Subject Officer #3 provided their notes and statements to the SIU; however, Subject Officer #1 declined to provide either.

While Mr. McGee died on March 27th, it is necessary to provide some background to understand the events of that day. In 2000, Mr. McGee suffered a brain aneurysm and was operated on in an attempt to alleviate that condition. Since then, he had suffered from seizures, dementia, alcoholism and Alzheimer’s disorders. The police had attended his apartment on a number of occasions.

On March 21st, a week before Mr. McGee’s demise, his common-law wife, Civilian Witness #1, called the police because he was acting up. She also informed the police that her common-law husband had threatened to kill her with either a baseball bat or a knife. In response, the call was classified as a weapons-gun call, and GPS responded with four patrol officers. As well, two tactical response officers from WRPS attended. (WRPS was assisting GPS due to a police funeral in Guelph). In total, six uniformed officers responded to the call. A number of the Guelph officers had had previous dealings with Mr. McGee and were aware of at least some of his medical conditions.

Subject officer Subject Officer #2 saw Civilian Witness #1 in the apartment hallway and attempted to gather more information from her, but received no response. The involved officers decided to use a ‘breach and hold’ technique in order to apprehend Mr. McGee. Subject Officer #2 opened the door and yelled in, “Police, show me your hands.” Mr. McGee slowly started walking toward the apartment entrance area with his left hand down by his side. Subject Officer #2 grabbed him by the shirt and brought him outside the apartment. He went down on his knees and a number of officers placed him on his stomach in order to handcuff his wrists behind his back. He probably struck his head when he was taken to the ground. He was apprehended under the authority of s. 17 of the Mental Health Act and transported to the Guelph General Hospital. At the hospital, he was held overnight under the authority of Form 1 of the same Act, and released the next day into the care of Civilian Witness #1. The medical records indicate that he had lacerations on his wrists (presumably from the handcuffs) and hands and a small abrasion on his forehead. However, in the hospital, he was monitored for mental health issues and not for physical injury.

On March 27, 2013, Mr. McGee fell in the bathroom of his apartment and was discovered in an unconscious state by Civilian Witness #1. EMS were called and he was found has have sustained a large contusion on his forehead. He was vital signs absent. Mr. McGee was confirmed deceased after arrival at Guelph General Hospital.

A subsequent post-mortem examination concluded:

The cause of death is due to post-traumatic seizure disorder. The most common mechanism of death are cardiac arrhythmia and central apnea. Chronic alcohol abuse is a contributing condition since ethanol is known to lower seizure threshold. Advanced atherosclerosis of coronary arteries is associated with fatal arrhythmias and likely contributed to death as well.

In my view, the subject officers had the authority to enter Mr. McGee’s residence and arrest him on the basis of the complaint by the common-law wife. Given his known history of mental disorder, the wife’s assertion of a threat coupled with his access to weapons, and his failure to show both his hands, it was a reasonable use of force to take Mr. McGee to the ground for the purpose of applying handcuffs to his wrists. The fact that there were lacerations on his wrists and one on his forehead would appear to be relatively minor injuries and unrelated to his hospital admission on March 21, 2013. He was released the next day. On the basis of the conclusions in the post-mortem examination, I am of the view that Mr. McGee’s demise on March 27th, 2013 was unrelated to his involvement with and apprehension by members of the GPS and WRPS on March 21, 2013.

Date: July 18, 2013

Original signed by

Ian Scott
Director
Special Investigations Unit

Appendix A

There were no issues found during the investigation