SIU clears police in use of anti-riot weapon against Montfort Hospital patient

The logo of the Ontario Special Investigations Unit is pictured in Toronto on Friday, April 12, 2024. THE CANADIAN PRESS/Arlyn McAdorey

Ontario's police watchdog has cleared officers with the Ottawa Police Service of any wrongdoing in the discharge of an Anti-Riot Weapon Enfield (ARWEN) towards a 26-year-old patient at the Montfort Hospital last summer.

SIU director Joseph Martino said Friday that after a review of all the evidence, there were "no reasonable grounds" to believe officers committed a criminal offence.

Ottawa police officers were dispatched to the mental health unit of the hospital on the evening of July 10 after staff required assistance in restraining with a violent patient. The man had cautions on police file for violence, and he was known to be proficient in martial arts, an SIU news release said.

On arrival, officers attempted to open a door to speak to the man, but he rushed towards the door. Officers were able to close the door and lock it.

The door was reopened shortly after, and an officer launched a round of the "less-lethal" weapon, which fires foam-tipped rounds.

The round missed the man but allowed officers to enter the room, subdue and handcuff him. No injuries were sustained by the patient or the officers, the SIU said.

"Given the violence he had exhibited to staff at the mental health unit, the tactical team were within their rights in seeking to arrest the Complainant to preserve the peace," Martino wrote.

"I am also satisfied that the force used by the SO in the course of the Complainant’s arrest, namely, the discharge of his less-lethal launcher, was legally justified. The tactical team had good reason to believe that the Complainant would physically resist his arrest given his volatile behaviour."

Martino added officers were entitled to "resort to a measure of force to take him into custody" and the firing of the weapon "made sense."

"If it worked as designed, the impact of the round would temporarily throw the Complainant off-kilter, without causing serious injury, allowing the officers to safely approach to effect the arrest," Martino said.

"On this record, faced with the possibility of having to directly engage the Complainant in a physical struggle, which itself carried the risk of injury to the Complainant and the officers, it would seem the use of the less-lethal launcher was a reasonable tactic."

The man was subsequently sedated and taken back to his room, where he was restrained to his bed.

The SIU is an independent government agency that investigates the conduct of police officers that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person.