Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault. The Unit’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the Police Services Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether an officer has committed a criminal offence in connection with the incident under investigation. If, after an investigation, there are reasonable grounds to believe that an offence was committed, the Director has the authority to lay a criminal charge against the officer. Alternatively, in all cases where no reasonable grounds exist, the Director does not lay criminal charges but files a report with the Attorney General communicating the results of an investigation.

Freedom of Information and Protection of Privacy Act (“FIPPA”)

Pursuant to section 14 of FIPPA (i.e., law enforcement), certain information may not be included in this report. This information may include, but is not limited to, the following:

• Confidential investigative techniques and procedures used by law enforcement agencies; and
• Information whose release could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding. 

Pursuant to section 21 of FIPPA (i.e., personal privacy), protected personal information is not included in this document. This information may include, but is not limited to, the following:

• Subject Officer name(s);
• Witness Officer name(s);
• Civilian Witness name(s);
• Location information; 
• Witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence; and 
• Other identifiers which are likely to reveal personal information about individuals involved in the investigation.

Personal Health Information Protection Act, 2004 (“PHIPA”)

Pursuant to PHIPA, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may have also been excluded from this report because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.

The Unit’s investigative jurisdiction is limited to those incidents where there is a serious injury (including sexual assault allegations) or death in cases involving the police.

“Serious injuries” shall include those that are likely to interfere with the health or comfort of the victim and are more than merely transient or trifling in nature and will include serious injury resulting from sexual assault. “Serious Injury” shall initially be presumed when the victim is admitted to hospital, suffers a fracture to a limb, rib or vertebrae or to the skull, suffers burns to a major portion of the body or loses any portion of the body or suffers loss of vision or hearing, or alleges sexual assault. Where a prolonged delay is likely before the seriousness of the injury can be assessed, the Unit should be notified so that it can monitor the situation and decide on the extent of its involvement.

This report relates to the SIU’s investigation into a serious injury sustained by a 55-year-old man (the “Complainant”).

Notification of the SIU
 

On October 24, 2020, at 8:34 p.m., the Toronto Police Service (TPS) reported the following.

On October 24, 2020, the TPS were informed of a string of robberies at different pharmacies in the Scarborough area. TPS Major Crime Unit (MCU) officers were informed of a licence plate number of the vehicle involved.

The vehicle was followed into the York Region area, with the assistance of GPS (Global Positioning System) from the suspect vehicle, where possibly four TPS plainclothes police officers in their respective vehicles attempted to box in the suspect vehicle in the area of Bur Oak Avenue. However, the suspect vehicle drove away and through the parking lot of the Markham Stouffville Hospital (MSH).

A short time later, the suspect vehicle collided with another civilian vehicle on Highway (Hwy) 7 just west of Ninth Line. A York Regional Police (YRP) police officer, Witness Officer (WO) #1, was driving in the area, arrived at the scene and turned on his in-car camera system (ICCS). His police cruiser remained at the scene.

The driver of the civilian vehicle, the Complainant, and his wife, Civilian Witness (CW) #3, were taken to the MSH where the Complainant was diagnosed with a fracture to his sternum.

Two people in the suspect vehicle were arrested and taken to TPS 42 Division.
 

The Team
 

Number of SIU Investigators assigned:     4

Number of SIU Forensic Investigators assigned:     2

Number of SIU Collision Reconstructionist assigned:     1

The Forensic Investigators (FIs) completed the first scene examination, took photographs and measured it with a Total Station device for forensic mapping purposes.
The second scene was photographed.
The SIU Reconstructionist analyzed the events during a vehicle collision.
The area was canvassed for witnesses and closed-circuit television (CCTV) footage.

Complainant:

55-year-old male interviewed, medical records obtained and reviewed 
  
 

Civilian Witnesses
 

CW #1     Declined to be interviewed – no reason provided

CW #2     Declined to be interviewed – no reason provided

CW #3     Interviewed

CW #4     Interviewed

Witness Officers
 

WO #1     Not interviewed, but notes received and reviewed

WO #2     Interviewed

WO #3     Interviewed

WO #4     Interviewed

WO #5     Interviewed

WO #6     Interviewed

WO #7     Interviewed

WO #8     Interviewed

WO #9     Interviewed

WO #10    Interviewed

WO #11    Interviewed

WO #12    Interviewed

WO #13    Interviewed

Subject Officers
 

SO #1     Interviewed, and notes received and reviewed

SO #2      Declined interview, as is the subject officer’s legal right. Notes received and reviewed.

The Scene
 

The scene was close to 6565 Hwy 7. Hwy 7 was a multi-lane roadway with two lanes for each direction and a centre turning lane. Hwy 7 travelled in an east/west direction. The roadway markings were clear and in good condition. The roadway surface was paved, level and in good repair. The streetlighting was present in the immediate area. There were two vehicles within the confines of the secured area.


Figure 1 - The scene of the collision.

A 2019 Honda Pilot was orientated primarily in a westerly direction in the centre turning lane. There was heavy front-end collision damage and minor collision damage to the rear bumper and tailgate area.

A 2019 Hyundai Kona was orientated in a northeast direction in the eastbound lanes close to the Honda Pilot. There was heavy front-end collision damage to this vehicle.

The tire marks and gouges in the pavement suggested that the area of impact for these two vehicles was in the centre turn lane slightly east of the resting point of both vehicles.

The second scene was in the area of Bur Oak Avenue, approximately 500 metres north of Hwy 7. The pavement condition was good. There was street lighting present.

There were two vehicles in the northbound lane just south of an intersection. An unmarked TPS vehicle, a black Equinox, had minor damage to the rear bumper and hatch. There appeared to be a white paint transfer onto this vehicle. The second vehicle on Bur Oak Avenue was a marked TPS vehicle, a Ford Taurus. It had minor damage to the front end and grille. This vehicle was approximately eight metres behind the Equinox.

The rest of the police vehicles were at 42 Division.

Scene Diagram

Physical Evidence
 

The SIU FIs examined and photographed TPS surveillance vehicles implicated in this incident: 2016 Jeep Wrangler, 2013 Dodge Journey, 2014 Ford Fusion, 2010 Hyundai Sonata, 2012 Ford Fusion, and a Dodge Caravan. The vehicles were not equipped with emergency lighting. The exteriors were examined showing no collision damage that could be attributed to this incident.

A 2019 Kia Sorento was an unmarked surveillance vehicle deployed by the TPS. The vehicle was not equipped with emergency lighting. An exterior examination showing no collision damage that could be attributed to this incident. Minor collision damage to the front bumper area showing white paint transfer was noted. The SIU was informed this damage had occurred prior to this incident and had been documented.

Expert Evidence
 

Summary of the SIU Reconstructionist’s Report

The pre-crash data from the Airbag Control Module (ACM) of the 2020 Honda Pilot indicated that 5.0 seconds prior to time zero the speed of the Honda Pilot was 113 km/h, slowing continually to 59 km/h at time zero. The brakes were applied continually except for 1.5 to 2.5 seconds prior to time zero. It was during this time that the accelerator pedal and engine rpms were increased.

The SIU did not possess the appropriate tool to download the ACM data from the 2020 Hyundai Kona.

The damage to the front of the Honda Pilot and the Hyundai Kona was consistent with front end impact with each other as there was paint transfer between them.

The Hyundai Kona was travelling 51.4 km/h just before impact.

There was no pre-collision roadway evidence.

Conclusions

Just before 5:00 p.m., on October 24, 2020, numerous marked and unmarked TPS vehicles were following a 2020 Honda Pilot driven by CW #2.

At about 5:00 p.m., two marked TPS police cruisers and six unmarked police cars were used to box the Honda Pilot in as it was stopped facing north on Bur Oak Drive, just south of the east entrance private road of the MSH.

The Pilot was likely driven forward so that the front impacted the rear of the TPS Chevrolet Equinox operated by SO #2, then it was likely reversed so that the rear impacted the front of a marked TPS vehicle, operated by SO #1.

By doing this CW #2 was able to compromise the boxing-in effect of the police vehicles and escape travelling westbound on the private roadway of the MSH.
CW #2 accelerated to a maximum average calculated speed of 93 km/h while being followed by six unmarked cruisers and one marked TPS scout car. The maximum average calculated speed of the police vehicles was 79 km/h, most of which were much slower.

CW #2 drove southbound on Ninth Line with the police vehicles following. One marked YRP cruiser and two marked TPS scout cars were driven south on Ninth Line at the hospital behind the other police vehicles.

After travelling some 200 metres on Ninth Line, CW #2 drove westbound on Hwy 7. He achieved a speed of 113 km/h.

After being braked to 59 km/h, the complete front of the Pilot impacted the complete front of a Hyundai Kona, driven eastbound by the Complainant at a speed close to 51 km/h. The Kona was pushed westbound and rotated counter-clockwise, coming to rest facing northeast between the two eastbound lanes. The Pilot travelled northwest coming to rest facing westbound in the centre left turn lane.

Video/Audio/Photographic Evidence 
 

Summary of the Hospital’s CCTV

[1]

Video 1
This camera is located on a southwest parking lot grassed island and is directed to the north capturing vehicular activity on Ninth Line. Three high speed southbound marked cruisers are seen on Ninth Line. [2]

Video 2
This camera is located on a southwest parking lot grassed island directed to the southwest capturing vehicular traffic on Rose Way and Ninth Line. Rose Way is a two-lane paved asphalt road which permits one lane of eastbound and one lane of westbound vehicular movement. Ninth Line is a four-lane paved asphalt road which permits two lanes of southbound and two lanes of northbound vehicular movement. [3]
  

  
The following chart used data provided by the ExacqVision Media Player in Video 5 from the same camera giving data in real time. The results were similar to the VLC Player times and speeds.
  

  
Video 3
This camera is on a southeast parking lot grassed island directed towards the north. It captures vehicular activity on a private hospital road which permits one lane of eastbound and one lane of westbound vehicular movement parallel to and 82 metres north of Rose Way. [4] 

The following chart used data provided by the ExacqVision Media Player in Video 5 from the same camera giving data in real time. The timings were 10 frames per second. The results were similar to the VLC Media Player times and speeds.  
  

  
Video 4
This camera is on a south central parking lot grassed island directed to the northeast capturing vehicular traffic on the private hospital road which permits one lane of westbound and one lane of westbound vehicular traffic parallel to and 82 metres north of Rose Way. [5]
  

  
The following chart used data provided by the ExacqVision Media Player in Video 5 from the same camera giving data in real time. The timings were 10 frames per second. The results were similar to the VLC Player times and speeds.  

Video 5
This camera is located in the southwest parking lot and is directed to the north capturing southbound vehicular activity on Ninth Line. [6]
  

  
Video 6
This camera is on a grassed island in the parking lot known as Staff Lot 2 on the northwest quadrant of Church Street and County Glen Road, immediately north of the Markham Stouffville Hospital. The camera is directed to the southwest and captures vehicular activity on Church Street on the north side of the hospital with Ninth Line intersecting Church Street in the distant background. The video jumps from 24 to 26 seconds where a slow-moving eastbound marked TPS cruiser in the passing lane appears in the video. The cruiser, with no emergency equipment activated, follows behind a black compact car which had slowly turned from westbound to eastbound Church Street in front of it. Both vehicles travel eastbound off the left side of the screen.

Video 7
This camera is on a grassed island in the parking lot known as Staff Lot 2 on the northwest quadrant of Church Street and County Glen Road immediately north of the Markham Stouffville Hospital. It is on the same pole as the previous video. Remaining at a stationary point for a few seconds, the camera alternates between nine different locations one of which is to the southwest capturing vehicular activity on Church Street at Ninth Line.
At 4:07 minutes into the video a marked TPS cruiser, with no emergency equipment activated, is stopped facing northbound on Ninth Line at Church Street.

At 6:23 minutes into the video one marked white (thought to be York Regional Police) cruiser and two side-by-side marked TPS cruisers are southbound on Ninth Line from Church Street. The emergency roof lighting is active on all cruisers.

Video 8
This camera is on a grassed island in the parking lot known as Staff Lot 2 on the northwest quadrant of Church Street and County Glen Road immediately north of the Markham Stouffville Hospital. It is located a short distance to the east of videos 6 and 7. Remaining at a stationary point for a few seconds, the camera alternates between ten different locations, one of which is to the south capturing vehicular activity on Church Street in front of the Markham Stouffville Hospital.

At 2:32 minutes into the video a marked TPS SUV cruiser and a marked TPS Ford Taurus cruiser, both with no emergency equipment activated, travel eastbound on Church Street at the entrance to the MSH at normal speed.

At 4:54 minutes into the video a marked TPS SUV travels eastbound on Church Street in front of the Markham Stouffville Hospital at normal speed with no emergency lighting activated.

Video 9
This camera is on a grassed island in the parking lot known as Staff Lot 3 on the northeast quadrant of Church Street and County Glen Road immediately north of the MSH. It is located a short distance to the east of the videos 6, 7 and 8. Remaining at a stationary point for a few seconds, the camera alternates between 16 different locations one of which is to the south capturing vehicular activity on Church Street in front of the MSH.

At 2:38 minutes into the video a marked TPS SUV cruiser and a marked TPS Ford Taurus cruiser, both with no emergency equipment activated, travel eastbound on Church Street at the entrance to the Markham Stouffville Hospital at normal speed.

At 5:18 minutes into the video a marked TPS SUV travels eastbound on Church Street in front of the Markham Stouffville Hospital at normal speed with emergency rear lights activated.

Video 10
This camera presents the same data seen in lot 2 and lot 3 videos alternating between ten positions. The video provides essentially the same data as the VLC versions but in real time. At 4:58.09 p.m. a marked TPS SUV cruiser and a marked TPS Ford Taurus cruiser, both with no emergency equipment activated, travel eastbound on Church Street at the entrance to the Markham Stouffville Hospital at normal speed.

At 5:00.30 p.m. a marked TPS SUV travels eastbound on Church Street in front of the Markham Stouffville Hospital at normal speed with no emergency lighting activated.

Summary of WO #3’s Police Cruiser’s ICCS

Video 1 - 4:21:57 p.m. - 4:22:38 p.m.
The forward mounted camera over a dark hood is capturing traffic activity on Sheppard Avenue East facing south from Boneset Road. WO #3’s vehicle is driven forward and is turned left or eastbound on Sheppard Avenue East. It is driven in the centre turn lane and passes other eastbound vehicles. The emergency lighting and siren are turned on. WO #3’s vehicle is stopped at Consumers Road and enters the intersection on a red traffic signal. It is accelerated traveling above the speed limit in the passing lane.

4:22:45 p.m. - 4:24:21 p.m. WO #3’s vehicle is operated eastbound in the westbound passing lane of Sheppard Avenue at Settlers Road on a green traffic signal, and then enters the passing eastbound lane on the other side of the intersection. WO #3’s vehicle passes through Clydesdale Avenue through a green traffic signal.

Video 2 - 4:32:23 p.m. - 4:32:54 p.m.
The forward mounted camera over a dark hood indicates that WO #3’s vehicle is travelling west in the centre lane on Steeles Avenue East, approaching Woodbine Avenue. WO #3’s vehicle comes to a complete stop for a red traffic signal at Woodbine Avenue. WO #3’s vehicle is turned right or northbound onto Woodbine Avenue on the red traffic signal. The emergency lighting is activated.

Video 3 - 4:48:13 p.m. - 4:49:18 p.m.
The forward mounted camera over a dark hood indicates WO #3’s vehicle is stopped facing north towards the Shopper Drug Mart and TD Bank at 4630 Highway 7 from the lot of Petro Canada at 4641 Highway 7. SO #1’s vehicle, a marked grey and white sedan pulls forward and ahead of this unit on the right side turning right or eastbound on Highway 7. WO #3’s vehicle is pulled forward as well and follows SO #1’s vehicle. It accelerates quickly for 69 metres on Highway 7 to Kennedy Road, and then they both turn right on a green light. They travel at a high speed in the southbound passing lane in the posted 60 km/h zone. The emergency lighting and siren of both vehicles are activated as they approach the red traffic signal at Avoca Drive. Both cruisers stop at the intersection and proceed through the red traffic signal. The emergency lighting and siren of SO #1’s vehicle are turned off but WO #3’s emergency lighting remains on. The emergency lighting of WO #3’s vehicle is deactivated. As they both slow and approach the red traffic signal at Unionville Gate the emergency lighting of both units are activated. Both cruisers stop before entering the intersection on the red traffic signal, and then they proceed southbound through the red traffic signal continuing southbound on Kennedy Road. The emergency lighting of SO #1’s vehicle is turned off, but the emergency lighting of WO #3’s vehicle remains on.

Video 4 - 4:48 58 p.m. - 4:49:33 p.m.
The forward mounted camera over a dark hood indicates WO #3’s vehicle is being driven southbound on Kennedy Road following SO #1’s vehicle, a continuation from the previous video. As they both slow and approach the red traffic signal at Unionville Gate the emergency lighting of both units are activated. Both cruisers stop before entering the intersection on the red traffic signal. WO #3’s siren is activated momentarily and then they proceed southbound through the red traffic signal continuing southbound on Kennedy Road at a high rate of speed. The emergency lighting of SO #1’s vehicle is turned off, but the emergency lighting of WO #3’s vehicle remains on. The emergency lighting of SO #1’s vehicle is activated at the approach to the red traffic signal at YMCA Boulevard. The siren is activated on WO #3’s vehicle and both vehicles slow to a near stop at the intersection as the light turns green and they are driven southbound on Kennedy Road. The emergency lighting of SO #1’s vehicle is turned off.

Video 5 - 4:53:32 p.m. - 4:54:13 p.m.
The forward mounted camera over a dark hood indicates WO #3’s vehicle is being driven in the ETR 407 Ninth Line off ramp at normal speed. WO #3’s vehicle stops at the red traffic signal at Ninth Line and the emergency lighting is activated with two intermittent siren sounds. WO #3’s vehicle is turned to the left on Ninth Line through the red traffic signal.

Video 6 - 4:55:05 p.m. - 4:55:47 p.m.
The forward mounted camera over a dark hood indicates WO #3’s vehicle is being driven northbound at a normal speed in the curb lane of Ninth Line in a posted 60 km/h zone. WO #3 is stopped behind a line of traffic at a red traffic signal at Highway 7. WO #3’s vehicle is pulled to the right and forward to the stop bar in the right turn lane. It is edged slowly into the intersection on the red traffic signal. The emergency lighting is activated for less than a second and WO #3’s vehicle is driven completely through the intersection northbound on Ninth Line through the red traffic signal.

Video 7 - 4:56:32 p.m. - 4:57:05 p.m.
The forward mounted camera over a dark hood indicates WO #3’s vehicle is being driven northbound at a normal speed in the curb lane on Ninth Line in a posted 60 km/h zone. WO #3’s vehicle is driven northbound through the intersection of Church Street on a green traffic signal. The emergency lighting and, momentarily, the siren are activated. WO #3’s vehicle is driven to the left in a U-turn fashion at the same time as a black SUV two cars ahead is driven in the same fashion. Both vehicles travel southbound on Ninth Line and WO #3’s vehicle follows behind, both at high speed.

Video 8 - 4:57:17 p.m. - 4:57:48 p.m.
The forward mounted camera over a dark hood indicates WO #3’s vehicle is travelling southbound on Ninth Line following the black SUV at high speeds. The black SUV slows nearly to a stop for the red traffic signal at Church Street and then is turned left or eastbound on Church Street with no apparent emergency lighting through the red traffic signal. WO #3’s vehicle comes to a complete stop at the stop bar in the left turn lane at Church Street. The emergency lighting is activated, and WO #3’s vehicle is driven into the intersection and turned left or eastbound on Church Street on the red traffic signal.

Video 9 - 4:59:37 p.m. – 5:00:45 p.m.
The forward mounted camera over a dark hood indicates WO #3’s vehicle is stopped facing south on the west side of Bur Oak Avenue. Two white SUVs are driven northbound on Bur Oak Avenue past the left side of WO #3. WO #3’s vehicle is edged forward slightly, and a dark SUV travels northbound on Bur Oak Avenue past WO #3. A dark minivan is driven northbound on Bur Oak Avenue past WO #3 and WO #3’s vehicle is driven in a U-turn fashion northbound on Bur Oak Avenue behind the minivan. WO #3 passes to the left of the minivan and is driven in front of it. WO #3 passes to the right of SO #1’s vehicle, which is stopped, and stops to the right corner of a white SUV, which was stopped in front of SO #1’s vehicle just south of the traffic signals at the Markham Stouffville Hospital private road. A plainclothes male officer wearing a cap and a coat runs westerly towards the white SUV, shouts unknown words, pulls out a gun from his right side, pulls on the passenger door of the SUV with his left hand and points his firearm at the front seat compartment.

5:00:23 p.m.
A bald uniformed officer follows the plainclothes officer and he too draws his firearm and points it at the front compartment of the SUV. The white SUV is driven northeasterly and then northwesterly away from the scene. A sedan is driven northwesterly in the same direction that the white SUV was driven, momentarily on the left side of the screen.

WO #3’s vehicle is driven northwesterly in the private roadway of the Markham Stouffville Hospital behind a grey minivan.

Video 10 - 5:01:25 p.m.
The forward mounted camera over a dark hood indicates WO #3’s vehicle is travelling northbound on Butternut Lane in the MSH parking lot. As Church Street is approached a marked TPS SUV is driven westbound on Church Street in front of WO #3’s vehicle with no emergency lighting active. WO #3’s vehicle is turned left or westbound on Church Street following the marked TPS SUV and the emergency lighting of the marked TPS SUV becomes active. The emergency lighting is activated on WO #3’s vehicle and both cruisers enter the passing eastbound lane at the intersection of Ninth Line and the traffic signal turns green. Both cruisers wait for a marked York Regional Police SUV with activated emergency lighting to travel south through the intersection and follow it southbound on Ninth Line at high speed. WO #3’s vehicle is operated southbound in the northbound lanes, then to the centre left turn lane, and then to the southbound lanes following the YRP and TPS marked cruisers. The first two cruisers turn right or westbound on Highway 7 from the left side of the intersection. WO #3’s vehicle is driven westbound onto Highway 7 from the right-side turn lane travelling ahead of the TPS cruiser but behind the YRP cruiser. The YRP SUV is brought to a stop in the curb eastbound lane behind several vehicles already at the scene. A smoking white SUV is visible in the centre left turn of Highway 7. The driver’s door of the YRP SUV is opened and the uniformed officer exits. WO #3’s vehicle stops and the driver of the YRP cruiser runs northbound from the rear of his cruiser. A black Jeep is driven southbound in front of the YRP cruiser onto the south sidewalk and then eastbound out of view. A uniformed police officer runs northbound in front of WO #3’s vehicle. A marked TPS SUV with activated emergency lighting is driven westbound on the south sidewalk. A man can be heard screaming and panting from an unknown location.

5:05:45 p.m.
The prisoner camera is activated, and CW #2 is seated in the rear of WO #3’s vehicle facing north, and then turns forward to the west. He is panting. A plainclothes police officer retrieves a white running shoe from the asphalt immediately northwest of WO #3’s vehicle and places it on the hood of WO #3’s vehicle. A uniformed police officer opens the rear liftgate and retrieves a fire extinguisher, closing the liftgate thereafter.

5:07:36 p.m.
CW #2 uses both feet to kick the right rear passenger window with his socked feet hard eight times.

5:09:13 p.m.
A police officer pushes in on the window from the outside and CW #2 kicks the window 15 more times.

5:25:20 p.m.
A paramedic states that the wrists have an abrasion from the airbags and the prisoner complains that there are problems with his legs and that he cannot breathe.

5:31:40 p.m.
The left rear door is opened, and a uniformed police officer tells CW #2 he is charged with robbery. The officer gives the prisoner his rights to counsel and cautions him.

5:37:16 p.m. - 5:57:45 p.m.
WO #3’s vehicle is turned to the right and driven eastbound on Highway 7, southbound on Ninth Line, southbound on Donald Cousins Parkway, westbound on Steeles Avenue East, southbound on Markham Road, west on Milner Avenue, then east into the parking lot of TPS 42 Division.

Summary of SO #1’s ICCS

4:59:53 p.m. - 4:59:58.46 p.m.
The camera is directed to the east capturing north and southbound vehicular movement on Bur Oak Drive. A black SUV is travelling northbound on Bur Oak Drive.

5:00:01.0 p.m. - 5:00.03 p.m.
SO #1’s vehicle is driven eastbound onto Bur Oak Drive and then northbound on Bur Oak Drive. Further to the north, the northbound black SUV is in view again and seen passing to the left of a stopped Honda Pilot also facing northbound on Bur Oak Drive. This occurs just south of a private road which services the Markham Stouffville Hospital. The traffic signal for the intersection is red for northbound Bur Oak Drive.

5:00:05 p.m. - 5:00:06 p.m.
The black SUV, operated by SO #2, is abruptly pulled to the right in front of the Pilot. It is stopped in front of the Pilot. A southbound black pickup truck is pulled to the right and slows on the west side of the road immediately west of the black SUV. The truck exits the left side of the screen. The northbound traffic signal changes to green. SO #1’s vehicle stops abruptly to the left rear of the stopped Pilot.

5:00:08 p.m. - 5:00:11 p.m.
The black SUV is backed up southbound so that as it stops the rear almost strikes the front of the Pilot. The brake lights of the Pilot are activated momentarily. SO #1 walks in front of his vehicle with his arms extended forward holding a gun pointed towards the driver’s door of the Pilot.

5:00:14 p.m. - 5:00:15 p.m.
SO #1 approaches the driver’s door and, using his left hand, pushes against the driver’s window while peering inside the Pilot. A black SUV is driven northbound and, on an easterly angle, its front right bumper is brought within a short distance of the left front corner of the Pilot to pin it. WO #3 walks towards the driver’s door of the Pilot from the right side of the screen with a gun in his right hand pointed towards the driver’s door.

5:00:19 p.m. - 5:00:22 p.m.
The Pilot is driven forward, and the front left side impacts the right rear of the black SUV in front of it, pushing it forward. WO #3 uses his foot to kick the driver’s door and then uses his left hand to pull on the door handle.

5:00:22 p.m. - 5:00:27 p.m.
The Pilot is reversed with greater force and the rear impacts the front of SO #1’s vehicle. The officers step back out of the way toward the west. The audio is activated, and many commands are being shouted, one of which can be distinguished as the word, “Down.” The black car pinning the front left corner of the Pilot is pulled forward a little further to block the Pilot’s forward movements. SO #2 opens the door.

5:00:29 p.m. - 5:00:35 p.m.
The Pilot is driven forward and to the right into a vacant field as a plainclothes officer on the right side of the Pilot steps back. The Pilot is driven northwest around the front of the black SUV which had previously been in front of it. The two black SUVs are driven northbound following the Pilot.
5:00:40 p.m. - 5:00:59 p.m.
SO #1 is standing on the left side of the screen in front of his vehicle, and then exits the screen to the left. SO #1’s vehicle is driven forward and to the right slightly, and is then stopped on the right shoulder of Bur Oak Drive just south of the traffic signal. Police radio transmissions regarding the location of the Pilot as it is being followed are overheard in the background. Vehicular traffic resumes on Bur Oak Drive.

5:01:35 p.m. A police officer, WO #2, says on the police radio the Pilot is westbound on Hwy 7 from Ninth Line.

5:01:41 p.m.
WO #2 says, “Let him go,” and asks if (WO #3) still has him on GPS.

5:01:50 p.m.
A police officer’s voice over the radio is heard saying, “Head-on collision,” and then, ”Running northbound over a fence.”

Summary of Fire Hall’s CCTV Footage

The cameras are located at Fire Department Station #99, 3255 Bur Oak Drive. They are only activated once there is movement in their field of view, after which they become inactive again. The following measurements were calculated with the use of the GoogleEarth® measuring tool.

Camera 1
Located on the northwest corner of the building directed to the southwest. The footage from this camera was of no evidentiary value.

Camera 2 (similar view as Camera 4)
Located on the northwest corner of the building directed to the northwest. In the background it captured the private road in front of the MSH which was parallel to Rose Way and 82 metres to the south. All involved vehicles were westbound on the private road.

Because of an SUV pulling into the driveway of the fire station, the view of the Pilot was obstructed by a tree, so the first pole was used as a landmark. From the angle of the camera along the westbound lane, the distance between the tree and the second pole was 35.3 metres. From the angle of the camera along the westbound lane, the distance between the first pole and the second pole was 29.0 metres.
  

  
Camera 3
Located on the southeast corner of the building directed to the east. In the background it captured a portion of Bur Oak Drive.

4:59:13.953 p.m. - 4:59:41.817 p.m.
Two marked TPS police cruisers, WO #3 and SO #1, are southbound on Bur Oak Drive. The lead police cruiser turns to the right (west) into the firetruck exit driveway of the fire station and stops facing south, while the second police cruiser is stopped to the left side of it. The second police cruiser is reversed eastbound into the fire truck driveway and stops behind the first police cruiser.

5:00:02.972 p.m. - 5:00:09.145 p.m.
Both police cruisers are driven northbound on Bur Oak Drive at the same time with the second police cruiser taking the lead.

5:09:29.950 p.m.
A fire truck with emergency lighting activated is driven out of the driveway southbound onto Bur Oak Drive.

Summary of WO #1’s Police Cruiser’s ICCS Footage

At 5:01:20 p.m., WO #1 en route, 60 km/h, no emergency lighting.

At 5:02:21 p.m., WO #1 turns east onto Hwy 7, actives his emergency lighting, travels a distance and stops. He parks a distance away from damaged vehicles. A collision occurred prior to WO #1’s arrival.

On arrival, the Honda Pilot is seen with heavy front-end damage, and smoking from the engine compartment, in the centre turning lane; the passenger door is open. A red compact vehicle in the eastbound centre lane is seen with heavy front-end damage.

WO #1 runs to the red vehicle and checks on the driver. He then runs to a fence area on the north side of the roadway.

At 5:02:40 p.m., an unknown person says, “Ran down there, he went over the fence.”

At 5:02:58 p.m., a police officer opens the driver’s door of the Honda Pilot.

At 5:07:45 p.m., two police officers use fire extinguishers on the engine of the Honda Pilot.

At 5:08:34 p.m., radio broadcast, “All suspects in custody.”

Communications Recordings
 

Summary of Communication Recordings

The communications pertaining to the monitoring and the following of the Honda Pilot began on October 24, 2020, at 4:45:03 p.m.

4:45:03 p.m.
UNIT #1 We have eyes on this car. It’s eastbound on Highway 7 going through Rodick Road (9.5 kilometres west of Ninth Line on GoogleEarth).
UNIT #2 Are you in a uniform or plainclothes car?
UNIT #1 Plainclothes.
UNIT #2 All right. Just keep up your location as best you can, and we will try and meet up with you.

[Cursory Communications]

4:45:45 p.m.
UNIT #3 Just a heads-up guys. We are in uniform, but we are sitting at Kennedy if you need our help. Let us know if you box him in or anything.
UNIT #2 Your location please.
UNIT #1 (Inaudible) approaching Warden.
UNIT #1 (Inaudible) a red light.

4:46:19 p.m.
UNIT #2 Perfect. Call it when the ball drops. […] are you up?.
UNIT #4 We are actually east of there, we are through (Inaudible).

4:46:33 p.m.
UNIT #2 All right. Let’s see if we can get a whole whack of cars up all at the same time and we’re all together and maybe we can box this guy in and end this.

[Cursory communications]

4:47:14 p.m.
UNIT #1 He’s going south on Warden, south on Warden from Highway 7.
UNIT #1 Still southbound Warden from 7, passing Cedarland Drive.
UNIT #1 All right guy’s going south on Warden crossing 407, still southbound on Warden eyes upon the car.
UNIT #1 Still southbound Warden going over 407.

4:48:12 p.m.
UNIT #1 Heading on 407, eastbound heading eastbound 407.
UNIT #1 (Inaudible) eastbound 407 from Warden.
UNIT #5 10-4 eastbound 407 from Warden, keep eyes on the car, keep up your location, use caution.
UNIT #2 All right. Lead car, you’re in a plainclothes car, correct?
UNIT #1 10-4, we are plainclothes car.

 
4:48:50 p.m.
UNIT #2 All right. Just give him some rope, we’ll be catching up to you. We’ll let you know when we got some eyes in the area.
UNIT #5 (Inaudible), keep up your location please.
UNIT #1 10-4, approaching coming up to Kennedy.

4:49:04 p.m.
UNIT #6 We are at 407 and Kennedy Road. We’re just gonna get a bunch of plainclothes cars in that area to keep eyes on him to give him some rope. We are not going to initiate a pursuit.
UNIT #1 Through Kennedy, still going 407 eastbound.
UNIT #5 10-4, have plainclothes in the area 407 Kennedy, will not initiate a pursuit and just keep us updated on the location
UNIT #7 42 Units got two 41 Units (Inaudible) Kennedy we see the Pilot. We’re gonna block (Inaudible).
UNIT #2 All right. Under no circumstances are we taking this guy down on the 407. Wait until he gets off the highway.

4:50:06 p.m.
UNIT #8 Major Crime 41, […] have eyes on the car, eastbound 407 passing Kennedy. They are not going to initiate a pursuit. They are going to follow the vehicle.
UNIT #9 Okay, what car we looking at here?
UNIT #2 White Honda Pilot, look at the front-end damage, 2020 white Honda Pilot.
UNIT #1 Approaching McCowan (Inaudible) still eastbound in the middle lane (Inaudible).

[Cursory communications]

4:50:34 p.m.
UNIT #2 Let’s (Inaudible) if he gets off, let our guys take the eye just because you’ve been on the eye for a bit.
UNIT #10 Yeah. Roger.
UNIT #1 (Inaudible) eastbound
UNIT #3 (Inaudible) about a kilometre back.
UNIT #5 Again plainclothes officers, sorry to do this but keep up your location please.
UNIT #6 Yeah, we’re at Markham and the 407, Markham and the 407.
UNIT #7 Eastbound 407 approaching Markham Road, lane three, I will let you know if (Inaudible).

[Cursory communications]

4:51:27 p.m.
UNIT #2 Okay […] take the eye and give him some rope, we’re slowly catching up here.
UNIT #3 Let me try and catch up here.
UNIT #7 Eastbound 407 (Inaudible) the officers from Markham Road, continuing on, still lane three.

[Cursory communications]
UNIT #7 Still lane three, 110 cents on the table, cover up to the next interchange it’s going to be Ninth Line, Ninth Line.

[Cursory communications]

4:52:09 p.m.
UNIT #2 […] just to let you know the car is at 407 and Ninth Line. He’s only driving 110 so it’s nice and calm right now.
UNIT #7 Up to a buck twenty on the table, approaching Ninth Line, changing into lane four and he’s getting off the highway, […] you’re going to have to take it. I’m going to sail right on by here.

[Cursory communications]

4:52:38 p.m.
UNIT #9 (Inaudible) Ninth Line here.
UNIT #9 In the northbound turn lane just turned to southbound turn lane.
UNIT #9 (Inaudible) off here. Going to be going southbound (Inaudible).
UNIT #9 Disregard, he’s doing a power move, he’s going to be going northbound on Ninth Line.

[Cursory communications]

4:53:30 p.m.
UNIT #1 Going northbound.
UNIT #1 70 km/h.
UNIT #2 North of the 407?
UNIT #1 At the red light at Ninth Line and Delmarks Boulevard.
UNIT #11 You’re going to have uniform York headed up your ass in a second.
UNIT #1 (Inaudible) still going northbound Ninth Line, he might be going (Inaudible).
UNIT #5 I’m sorry [...]. Do you have a location for us?
UNIT #6 Ninth Line north of the 407.
UNIT #1 (Inaudible) dispatch.
UNIT #5 Sorry?

4:54:52 p.m.
UNIT #1 (Inaudible) from Ninth Line we’re going to hospital, (Inaudible) at the hospital.
UNIT #9 You guys through Highway 7?
UNIT #5 Is your vehicle going to the hospital?
UNIT #12 (Inaudible).
UNIT #8 […] go ahead.
UNIT #1 Going up in the Markham-Stouffville Hospital.
UNIT #5 Suspect vehicle going into the hospital.

[Cursory communications]

4:55:19 p.m.
UNIT #1 At the hospital parking lot by the emerg section, emerg.

[Cursory communications]

UNIT #9 (Inaudible) location. Do you have him going into emerg? Where is he now?

[Cursory communications]

4:55:59 p.m.
UNIT #1 (Inaudible) by the fire hall, (Inaudible) the corner community centre.
UNIT #9 I’m getting kickback from the other radio, can you turn it down, we don’t understand you.

[Cursory communications]

UNIT #9 Can you go again with your location please.
UNIT #1 3201 Bur Oak Avenue, 3201 Bur Oak Avenue, by the library.

[Cursory communications]

4:56:37 p.m.
UNIT #1 (Inaudible) community centre by the library.
UNIT #13 Thank you.
UNIT #2 We’re coming up on you now, just give us a, just stay with us here.
UNIT #1 (Inaudible) if you can get cars this will be a good place.

4:56:56 p.m.
UNIT #2 Just north of the hospital?
UNIT #1 Yeah just east of the hospital, it’s the building just east of the hospital.
UNIT #2 All right. Standby.
UNIT #1 (Inaudible) again.
UNIT #14 […] (Inaudible).
UNIT #5 (Inaudible) going.

4:57:39 p.m.
UNIT #1 Rolling out again, eastbound on Bur Oak Avenue.

[Cursory communications]

4:58:12 p.m.
UNIT #7 Where’s the car now?

[Cursory communications]

UNIT #1 Bur Oak Avenue, Arthur Bonair Avenue, making a left turn from Bur Oak.
UNIT #15 (Inaudible) with you, two cars behind you.
UNIT #1 (Inaudible).
UNIT #15 (Inaudible) anyone else nearby?
UNIT #16 Around the corner here boys.
UNIT #1 (Inaudible) three (Inaudible).
UNIT #15 Three but nobody on the nose (Inaudible).
UNIT #7 (Inaudible) two minutes and I’ll have three more cars.
UNIT #15 (Inaudible) give him some rope there bud you’ve got three of us with you.
UNIT #17 Roger.
UNIT #18 He’s doing a loop around, he’s probably coming out the other side (Inaudible).
UNIT #1 Frederick Roslin Avenue.
UNIT #1 Once again he might pull out from the other side.

4:59:23 p.m.
UNIT #15 I got him here. He’s heading back to Bur Oak Steve. That’s him coming towards you now. We’re at the stop sign.
UNIT #15 Right turn back to westbound Bur Oak, westbound Bur Oak.
UNIT #15 Cooking now.

4:59:44 p.m.
UNIT #2 Give him some rope, give him some rope.
UNIT #15 Rog, I’m giving him rope now. Stuck behind a car up ahead. Slowing down, 50 cents on the table, still westbound Bur Oak.
UNIT #15 Dispatch all the uniforms here, we’re at the red lights. Want to take it down here?

5:00:00 p.m.
UNIT #2 Do it. Let’s do it.

5:00:51 p.m.
UNIT #7 (Inaudible) here (Inaudible).

5:00:53 p.m.
UNIT #7 North of the hospital coming out to one of the major intersections. I’ll keep you updated here.

5:01:03 p.m.
UNIT #7 South of the stop sign. South of the stop sign. He’s coming right out to the major road there. Major road being Ninth Line, so to Ninth Line straight to the light at the green, southbound, sorry left side, left side, southbound Ninth Line, southbound Ninth Line.

[Cursory communications]

5:01:25 p.m.
UNIT #2 […] If it gets dangerous, let it go.

5:01:30 p.m.
UNIT #7 He just hooked a right onto Highway 7, right onto Highway 7 from Ninth Line.

5:01:39 p.m.
UNIT #2 All right. Let him go.

5:01:46 p.m.
UNIT #3 We’ll get him back (Inaudible).
5:01:48 p.m.
UNIT #7 Head-on collision, head-on collision, head-on collision. Guy is crossing York. Guy running. Guy’s running northbound, guy’s running northbound over a fence, over a fence.

5:01:49 p.m.
UNIT #19 Okay, we’re going to stick around in the city. What radio band are you on or that you are monitoring so we can listen in just in case.

[Cursory communications]

5:02:32 p.m.
UNIT #5 Any update their guys at the hospital?

5:02:37 p.m.
UNIT #9 (Inaudible) reporting northbound, north of the site, north of the highway.
UNIT #7 Subdivision boys, be in the subdivision.

5:03:38 p.m.
UNIT #20 I got him here.

5:03:39 p.m.
UNIT #21 I got him here.

5:04:07 p.m.
UNIT #5 10-4 (Inaudible) Highway7, there’s been an accident. Are there injuries? Do you need an ambulance?

5:04:12 p.m.
UNIT #22 Smashed them.

5:05:06 p.m.
UNIT #23 Both males are in custody.
UNIT #24 10-4. Both males in custody.

5:05:15 p.m.
UNIT #9 (Inaudible) suspect is in custody. Both are in custody.

The remaining audio are cursory communications pertaining to the conclusion of the arrests of the wanted suspects ending at 6:20:10 p.m.

Materials obtained from Police Service
 

The SIU obtained and reviewed the following records from the TPS and YRP:

•  Arrest Policy;
•  General Occurrence Report (x2);
•  Communications recordings;
•  Notes of WOs and SOs;
•  Suspect Apprehension Pursuit Policy and Appendices;
•  Use of Force Policy; and
•  ICCS footage from various police cruisers.
  

Materials obtained from Other Sources

Upon request, the SIU obtained and reviewed the following documents from the following sources:

•  Medical Records - MSH;
•  Fire Department Report;
• Witness Statement from Fire Department;
•  York EMS-Ambulance Call Report;
•  Photos and Video from CW #4;
•  Picture of Car Crash on Hwy 7 and Ninth Line; and
•  Video - MSH.
  

The material events in question are clear thanks to interviews with both subject officers and the Complainant, as well as video recordings from the ICCSs of several involved police cruisers and security cameras that captured the incident in parts. In the afternoon of October 24, 2020, TPS began to receive 911 calls about a series of three pharmacy robberies involving the same vehicle – a white Honda Pilot. The assailants – male individuals – had threatened pharmacy staff and were suspected of being armed. Information regarding the licence plate of the Honda was obtained via the 911 calls and the police were able to identify it as a rental vehicle.

SO #1 and WO #3, in separate marked cruisers, were among the first officers to respond to the reported robberies. The former attended at one of the targeted pharmacies on Eglinton Avenue East where he viewed surveillance video of the robbery that had occurred. The latter contacted the owner of the rental location of the Honda and learned that the vehicle was equipped with a GPS tracker. The owner, using his phone, described the Honda’s location of travel in real time to WO #3 who, in turn, broadcast the information over the police radio.

Shortly thereafter, multiple marked and unmarked cruisers, the latter operated by plainclothes officers with the 41 Division MCU, became involved in the effort to locate and follow the Honda. Under the direction of WO #2 of the MCU, the objective of the operation was to track the vehicle from a distance without alerting the occupants of the Honda to police presence.

The Honda eventually entered onto Highway 407 traveling eastward until Ninth Line, where it exited traveling north. At Rose Way, it turned right and then began to travel east through the MSH parking lot until Bur Oak Avenue. The Honda turned south onto Bur Oak Avenue, then left into a side street just south of the hospital before it re-emerged onto Bur Oak Avenue traveling north.

As the Honda came to a stop for a red light on Bur Oak Avenue at the roadway leading to the MSH, WO #2 called for a takedown of the vehicle. SO #2, in the immediate vicinity of the Honda, maneuvered his unmarked SUV directly in front of the Honda such that its rear end was up against the vehicle’s front bumper. At about the same time, SO #1, also in proximity to the Honda, drove north on Bur Oak Avenue and positioned his cruiser’s front end toward the Honda’s rear. Other police vehicles converged on the “box” and took up positions around the Honda.

Multiple officers exited their vehicles and ran toward the Honda, some with firearms drawn and pointed at the driver. They ordered the occupants of the Honda - the driver and another male in the front passenger seat - to stop what they were doing and to show their hands. The driver did not do so. Instead, he accelerated his vehicle back and forth several times, striking SO #2’s and SO #1’s cruisers, and made sufficient space for himself such that he was able to maneuver around the police block by the passenger side of SO #2’s SUV.

Once free of the police blockade, the Honda travelled left onto the hospital grounds followed by a number of cruisers. The pursuit continued west and exited onto Ninth Line, the Honda turning left to travel south on the roadway toward Highway 7. WO #2 came on the radio again to direct that the police vehicles fall back a distance as they would be able to track the Honda with the use of the GPS tracker.

The Honda continued south at speed and turned to travel west on Highway 7. Upwards of 300 metres west of Ninth Line, the Honda maneuvered into the centre turn lane of the roadway and struck an eastward traveling Hyundai Kona head-on.

Following the collision, the passenger in the Honda fled from the scene north over a fence into a residential area. He was quickly captured and arrested by TPS officers. The driver of the Honda exited the vehicle, traveled east a short distance and was taken into custody. The driver of the Hyundai and his wife, the Complainant and CW #3, were sent to hospital where only the Complainant was diagnosed with a serious injury – a fractured sternum.

Section 320.13, Criminal Code – Dangerous operation causing bodily harm

 

On October 24, 2020, the Complainant suffered a serious injury when the vehicle he was operating was struck by a Honda Pilot. As TPS officers had in the moments prior to the collision attempted to box and then pursued the Honda, the SIU was notified and commenced an investigation. The principal officers in the attempted box-in of the Honda – SO #1 and SO #2 – were identified as subject officers for purposes of the SIU investigation. On my assessment of the evidence, there are no reasonable grounds to believe that either subject officer committed a criminal offence in connection with the Complainant’s injury.

The offence that arises for consideration is dangerous driving causing bodily harm contrary to section 320.13(2) of the Criminal Code. The offence is predicated, in part, on conduct that amounts to a marked departure from a reasonable level of care in the circumstances. In the instant case, the issue is whether there was a want of care in the manner in which the subject officers operated their vehicles that caused or contributed to the collision and/or was sufficiently derelict as to attract criminal sanction. In my view, there was not.

The officers who took part in the operation to surveille the Honda from a distance and, in the penultimate stages of the incident, to apprehend and pursue it, were engaged in the lawful discharge of their duties. The officers had reasonable cause to believe that the vehicle’s occupants had been involved in at least three separate robberies of pharmacies in the Scarborough area of Toronto, and that the use of weapons had been threatened in those incidents. In the circumstances, there were grounds to believe that the Honda’s occupants were subject to arrest and that considerations of public safety dictated their prompt apprehension.

In the course of the half-hour or so that preceded the takedown attempt at Bur Oak Avenue, there is no indication in the evidence of any marked deviation in the manner in which the police vehicles involved in the operation were being handled, including those of SO #2 and SO #1. As far as can be ascertained, the speeds and driving behaviour of the officers appear at all times to have been in substantial compliance with the rules of the road and there is no indication of any third-parties or, indeed, the Honda occupants, having been put at risk.

With respect to the takedown that was called by WO #2, I am unable to conclude that the decision to engage the tactic, or its subsequent execution, was unreasonable. Until this point, WO #2 had very purposefully, and, sensibly, in my view, directed the involved officers to keep their distance from the Honda and to not pursue it. They were on highly trafficked roadways for most of that engagement and had no need to aggressively follow it given the officers’ access to the Honda’s directionality via GPS data. It was only when the Honda found itself stopped at a red light on Bur Oak Avenue with little to no traffic on it at the time that the takedown was called. Once that occurred, there is no suggestion that either SO #2 or SO #1 were negligent or reckless in how they approached their tasks. They quickly positioned their cruisers in front of and behind the Honda, and exited their cruisers in an effort to effect a gunpoint arrest of the vehicle’s occupants. Regrettably, perhaps given the size of the Pilot and the fact that the officers were unable to block its passenger side because of what appears to have been construction on the roadway, the vehicle was able to ram its way free.

Thereafter, in the course of a very brief flight from police through the hospital grounds and then south on Ninth Line, there is again little to no evidence of any police cruiser having endangered public safety by way of its speed or other driving behaviour. In fact, it appears the officers who did chase after the Honda kept their distance at WO #2’s direction and were a fair distance away from the Honda when it turned onto Highway 7 and crashed into the Complainant’s vehicle. In the circumstances, it cannot be said that the Honda driver was unduly pushed or prevented from altering his reckless course by an overly aggressive police presence behind him, nor is it the case that the officers were without grounds to continue their chase after the Honda. To reiterate, its occupants were being pursued for very serious crimes of violence that had just occurred.

In the result, as I am satisfied that neither of the subject officers or any of the involved officers transgressed the limits of care prescribed by the criminal law throughout the course of this incident, there is no basis for proceeding with criminal charges in this case notwithstanding the collision that marked its termination. The file is closed.


Date: May 3, 2021

Electronically approved by

Joseph Martino
Director
Special Investigations Unit