The province’s SIU unit says Hamilton Police Officers used reasonable force in delivering punches to a man who was resisting attempts to arrest him. The ruling relates to an incident last November, when police were called to a King Street address where a man who had previously been evicted from an apartment was found to still be there. Four HPS officers responded and the Complainant was arrested for being unlawfully in a dwelling house. He resisted the arrest and two of the involved officers struck him. The Complainant was taken to the Hamilton General Hospital and diagnosed with a fractured nose.
The SIU investigator said he was satisfied the force used by the officers was legally justified, writing, “the officers were understandably concerned that the Complainant, in trying to free himself from their grasp, might access a weapon; the unit was in complete disarray and contained multiple knives and hammers strewn about, including a knife and hatchet in the immediate vicinity of the Complainant.
It is alleged that the Complainant was beaten by more than half-a-dozen officers despite offering no resistance to his arrest, but it would be unwise and unsafe to rest charges on the strength of this evidence. This account of the incident was decidedly vague and faulty in material respects. Though it was alleged that the Complainant suffered multiple skull fractures, which might have lent credence to the claims of excessive force, the Complainant did not assist the SIU in accessing his medical records to confirm his injuries.