No charges laid on Halton Regional Police officer who fired gun on suspect last July
The Special Investigations Unit (SIU) has found no reasonable grounds to believe that a Halton Regional Police officer committed a criminal offence last July when he discharged his anti-riot weapon enfield (ARWEN) gun in Oakville.
The investigation follows an incident that took place at a residence on MacDonald Road, which began on the evening of July 13 and concluded the next day.
According to a SIU news release, police received a call about the welfare of a 22-year-old man. When they arrived at the scene, the man had barricaded himself inside and was in possession of weapons, including a knife and bear spray.
SIU states that Halton police then set up a containment around the home and made attempts to communicate with him. The following morning, they forced entry into the home and an officer discharged his ARWEN at the man “multiple times.”
The man suffered non-life threatening injuries and was taken into custody.
Police officers are immune from criminal liability for force used while on duty, given that force was reasonably necessary in the act that they were required or authorized to do by law, pursuant to section 25(1) of the Criminal Code.
“The complainant was subject to apprehension under the Criminal Code and the Mental Health Act by the time of the [officer’s] ARWEN discharges,” the Incident Narrative relating to the investigation states.
“With respect to the force used by the SO *in aid of the Complainant’s arrest, namely, six ARWEN discharges delivered in two volley’s, I am satisfied that it was legally justified. The officer would have known that the Complainant had been seen with a knife and a bear spray.”
The investigation into the incident has concluded.
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