SIU reviews Sault Police arrest and stands by original decision

The province’s police watchdog says it’s sticking with its decision that there are no grounds for criminal charges in a Sault Ste. Marie incident.

The province's police watchdog says it's sticking with its decision that there are no grounds for criminal charges in a Sault Ste. Marie incident.

The Special Investigations Unit was called in after a 54-year-old man was hurt in an interaction with police two years ago.

That man, Tim Mitchell, applied to have charges of resisting arrest and breach of recognizance dropped.

Justice John Condon did so last month, ruling that Sault Police violated Mitchell's charter rights. The judge also criticized police for using excessive force.

Monica Hudon, a spokesperson for the SIU, says the judge's decision has been reviewed.

"As a result, the director confirms his previous view that there were no grounds in the evidence collected by the SIU to reasonably believe that excessive force was used and that, therefore, there were no reasonable grounds to believe that a criminal offence was committed," she said.

"In order for the SIU to reopen an investigation, there must be materially new information that could affect the outcome of a case. In reviewing the Judge's reasoning, no new material information was apparent that would cause the SIU to reopen the investigation."

Sault Ste. Marie Police are doing an internal investigation with a report due in April.

With files from Kate Rutherford