No charges against Kenora OPP officer who fired anti-riot weapon at teenager

Ontario's Special Investigations Unit (SIU) says a Kenora OPP officer did not commit an offence when firing a less-lethal weapon at a 15-year-old youth in April.

The SIU launched an investigation after the incident, which occurred on April 19.

OPP had been called to a robbery at a Kenora restaurant, during which the youth stole money and sprayed employees with pepper spray, before fleeing, according to the written decision by SIU director Joseph Martino.

The SIU said the subject officer, along with two witness officers, located the teenager in an alley, and told him to show his hands and lay on the ground. The youth ignored the orders, and started to walk toward the officers.

When the youth was five to six metres away, the subject officer fired his ARWEN — anti-riot weapon Enfield, which the SIU said fires rubber bullets or beanbag rounds — at the youth once, striking him in his torso.

The youth fell, and was handcuffed. He was then taken to hospital, where it was determined he didn't have any serious injuries.

The 15-year-old was the complainant in the matter, and the SIU assigned three investigators, who interviewed the teenager, one civilian witness, the subject officer, and two witness officers.

The investigators also reviewed audio recordings of three 911 calls, as well as police radio communications, and various documentation.

In his decision, SIU director Joseph Martino stated the officers had grounds to arrest the youth, and given that the subject officer had reason to believe the youth had pepper spray, the officer was justified in using the anti-riot weapon.

"Waiting any longer, or approaching the complainant to engage him physically, risked giving the complainant an opportunity to use the spray against the officers," Martino wrote. "Nor were withdrawal or retreat clearly better options as the complainant had just committed a violent offence and had given no indication that he was about to surrender peacefully."