Ontario's SIU clears Thunder Bay officer who shot suspect with anti-riot weapon

Ontario's Special Investigations Unit has determined there are no reasonable grounds to charge a Thunder Bay Police Service officer who shot a non-lethal weapon at a suspect waving a replica handgun.

The incident March 1 involved officers responding to a call that a person was waving a gun around at the Thunder Centre. Police officers on the scene believed it was a handgun and an officer shot the suspect with four rounds of an Anti-Riot Weapon Enfield (ARWEN).

The suspect was taken to hospital and charged, according to the SIU's report.

The ARWENis often used by law enforcement to clear demonstrations. It can launch projectiles including plastic bullets, tear gas and less-lethal batons, but are classified as firearms.

Shortly after the incident, Thunder Bay police called a media conference to ask members of the public to be careful with replica firearms, as they can be nearly impossible to discern from the real thing during a call.

Joseph Martino, the SIU director, wrote he was satisfied the police officer's use of force was justified, since officerscould not be certain the suspect had an air pistol and not a real handgun.

"When the complainant refused to rid himself of the pistol, the officers were within their rights in seeking to neutralize a potentially lethal risk by firing a less-than-lethal firearm at the complainant from a distance," he said.

"The use by the [officer] of his launcher promised to do just that without the infliction of serious injury. For the foregoing reasons, there is no basis for proceeding with criminal charges. The file is closed."