Director's Report Details

The Team

Number of SIU Investigators assigned: 3
Number of SIU Forensic Investigators assigned: 2
Number of SIU Collision Reconstructionists assigned: 1
 

Complainant:

24-year-old female, declined to be interviewed and provide medical records

Civilian Witness (CW)

CW Interviewed 

Witness Officers

WO #1 Interviewed, notes received and reviewed
WO #2 Interviewed, notes received and reviewed
WO #3 Not interviewed, but notes received and reviewed
WO #4 Not interviewed, but notes received and reviewed
WO #5 Interviewed, notes received and reviewed
WO #6 Interviewed, notes received and reviewed
WO #7 Not interviewed, but notes received and reviewed

Subject Officer

SO Declined interview and to provide notes, as is the subject officer’s legal right

ICCS Reports for Involved Police Vehicles

ICCS recordings were provided by the TPS for four of the police vehicles, which were also involved in the pursuit of the Hyundai driven by the Complainant. On each video, the date was stamped August 14, 2020 and the recordings captured video and audio. The video recordings commenced 30 seconds prior to the flashing emergency lights being activated by the police officers. The audio commenced when the flashing emergency lights were activated. The video and audio were of good quality. None of the ICCS videos were from the lead police vehicle which was operated by the SO. The duration of the pursuit was a few seconds longer than two minutes.

The pursuit occurred in the “downtown” area of Toronto on streets lined with commercial and residential high and low-rise buildings. At least a part of the pursuit travelled through the parking lot of a cluster of high-rise residential buildings at 275, 285, and 299 Shuter Street. The volume of traffic appeared very light. There was at least one near collision, which involved one of the secondary police vehicles. There were a few pedestrians and bicyclists seen. Some of the main roads were under construction with traffic pylons, lane closures and detours. Although the police vehicles seemed to travel at a high rate of speed, the police officers appeared to have good control of their respective vehicles. All the police vehicles continuously had their flashing emergency lights and sirens activated. There were several traffic light-controlled intersections along the pursuit route, and no blatant disregard of traffic controls which affected other vehicles was noted.

The TPS vehicle operated by WO #6 was a grey and white marked Taurus sedan. At 2:07 a.m., WO #6 intermittently activated his flashing emergency lights and responded to the report of a gunshot heard. He travelled westbound on Shuter Street and turned into a parking lot at the rear of 275 Shuter Street. WO #6 spoke to someone. His vehicle faced generally south in a laneway towards Seaton Street and Queen Street East. A marked Toronto Community Housing Corporation (TCHC) Special Constable’s vehicle travelled northbound in the laneway from Seaton Street and Queen Street East. At 2:08 a.m., WO #6 and two special constables exited their vehicles and walked to the west towards a large parking lot. A man’s voice [now known to be WO #6] said on the police radio, which was still on in WO #6’s vehicle, that a vehicle [now known to be the Hyundai being operated by the Complainant], which he described as a silver four door, was leaving the scene. The police vehicle operated by WO #3, pulled around from behind WO #6’s vehicle and accelerated southbound in the laneway on Seaton Street towards Queen Street East. WO #6 broadcast that the Hyundai was at the intersection of Shuter Street and Sherbourne Street.

At 2:09 a.m., a different man’s voice on the police radio [believed to be the SO as per the notes of WO #3] advised that the Hyundai was traveling southbound on Shuter Street. He then said, “He’s not stopping, we’re going southbound on Sherbourne.” A police siren could be heard in the background. The SO then said they were “slowing down” and then “in behind the rear of 275 Shuter (Street) again.” The Hyundai travelled northbound at a high rate of speed in the laneway on Seaton Street from Queen Street East, directly towards the front of WO #6’s police vehicle. The Hyundai then quickly and violently mounted a curb and went around the passenger side of WO #6’s police vehicle. The Hyundai was followed by a white Crown Victoria police vehicle [now known to be operated by the SO] with its flashing emergency lights activated. The SO was followed by a grey and white Ford Taurus, which was a fully marked TPS fleet vehicle (“Unit 1”). The Ford Taurus had its flashing emergency lights activated and contained two undesignated police officers. The Ford Taurus was followed by a fully marked TPS SUV operated by WO #3 and then a second, fully marked TPS SUV (“Unit 2”), which was a canine (K9) vehicle operated by a third undesignated police officer. This officer’s K9 SUV was not equipped with ICCS and it was not part of the parade of police vehicles in the pursuit on Parliament Street. All four police vehicles mounted the curb and went around WO #6’s police vehicle to follow the Hyundai.

At 2:10 a.m., the SO broadcast that the Hyundai was approaching Parliament and Queen Streets and then said the Hyundai was on Parliament Street and approaching Shuter Street. The SO broadcast that the Hyundai was northbound on Parliament Street. WO #6 entered his police vehicle and proceeded onto Queen Street East, then west to Sherbourne Street, and then northbound. The SO advised the Hyundai was northbound on Parliament Street and approaching Carlton Street at 80 km/h. The SO then advised the Hyundai was northbound on Parliament Street, passing Wellesley Street, and approaching Bloor Street.

At 2:11 a.m., the SO advised the Hyundai had crashed at Bloor Street. WO #6 continued to the scene and travelled northbound on Sherbourne Street with his flashing emergency lights and siren activated, followed by another fully marked police vehicle with its flashing emergency lights activated. Both vehicles approached the scene and travelled eastbound on Bloor Street. At 2:12 a.m., WO #6 arrived on the scene.

The TPS vehicle operated by WO #2 was a marked grey and white SUV. At 2:10 a.m., WO #2 travelled eastbound on Wellesley Street and approached the traffic light-controlled intersection of Wellesley Street and Parliament Street. The traffic light was red for Wellesley Street. There was one civilian vehicle stopped, which faced east waiting for the light. The Hyundai travelled at a high rate of speed northbound on Parliament Street through the intersection on a green traffic light. WO #2 stopped at the intersection and faced eastbound in the westbound lane with his flashing emergency lights activated. The SO entered the intersection on a green light and travelled northbound, with his flashing emergency lights activated. The SO was just over three seconds behind the Hyundai traveling at about the same rate of speed as was the Hyundai. WO #2 turned left onto Parliament Street after the SO who was northbound on Parliament Street.

At 2:11 a.m., the SO broadcast that the Hyundai had turned eastbound onto Bloor Street and then said the Hyundai had crashed. WO #2 was about halfway between Wellesley Street and Bloor Street. On Parliament Street just south of Bloor Street was a slight incline in the road, and then a slight decline as the road curved to a northbound driver’s right. WO #2 was the second police vehicle to arrive at the collision scene.

The TPS vehicle operated by WO #3 was a marked grey and white SUV, which was also occupied by passenger WO #4. Per WO #3’s notes, at 2:06 a.m. they responded to a report of a gunshot being heard. They followed WO #6 to the scene at 275 Shuter Street and, at 2:07 a.m., they arrived and parked behind WO #6. At 2:08 a.m., WO #3 was in the car by himself. He drove over a curb and around WO #6’s police vehicle and travelled southbound in a parking lot laneway on Seaton Street towards Queen Street East. WO #3 drove west to Sherbourne Street and then turned left to go southbound. He drove a short distance then turned around and went back towards Queen Street East. A grey and white Ford Taurus, Unit 1, turned from southbound Sherbourne Street onto eastbound Queen Street East. A grey and white TPS SUV, Unit 2, with its emergency lights activated travelled southbound on Sherbourne Street, stopped, and let WO #3 turn right onto eastbound Queen Street East to follow Unit 1. Unit 1 turned left onto Seaton Street and into the laneway. WO #3 drove northbound through the parking lot following two other police vehicles with their flashing emergency lights activated (the SO in the white Crown Victoria and a grey and white sedan) and went around WO #6’s police vehicle again. WO #3 exited the parking lot west of Parliament Street and proceeded eastbound on Shuter Street, then turned left to travel northbound on Parliament Street. Flashing emergency lights could be seen well ahead in the distance. WO #3 travelled through the traffic light-controlled intersection at Dundas Street East on a green light. He stopped for a red light at Gerrard Street East. He then travelled through the traffic light-controlled intersection at Carlton Street on a green light. He travelled through the traffic light-controlled intersection at Winchester Street on a green light. WO #3 travelled through the traffic light-controlled intersection at Wellesley Street on a green light. He was just north of Wellesley Street when the SO said the Hyundai had crashed. WO #2’s vehicle could be seen ahead of WO #3. WO #3 was the third police vehicle on the scene of the crash.

The TPS vehicle operated by WO #5’s partner was a marked grey and white SUV, and WO #5 was the passenger. At 2:08 a.m., as per WO #5’s SIU interview, WO #5’s vehicle was in the parking lot of TPS 51 Division and then travelled northbound on Parliament Street with its flashing emergency lights activated. At 2:09 a.m., the vehicle travelled westbound on Richmond Street, then northbound on Sherbourne Street and eastbound on Shuter Street. In front of WO #5’s vehicle, WO #3 turned onto Shuter Street from the parking lot west of Parliament Street. At 2:10 a.m., WO #5’s vehicle turned northbound onto Parliament Street in behind WO #3. He was behind WO #3, and both had their flashing emergency lights and sirens activated all the way up Parliament Street. WO #5’s vehicle was south of Wellesley Street when the collision occurred. WO #5’s vehicle was the fourth police vehicle at the scene of the collision.

At 2:08 a.m., Unit 1 was on Shuter Street east of 275 Shuter Street when the SO drove westbound on Shuter Street towards 275 Shuter Street. They followed the SO westbound towards the shots fired call scene where WO #6 was located. Neither police vehicle had its flashing emergency lights activated. As the SO approached Sherbourne Street, the SO activated his flashing emergency lights which remained on. At 2:09 a.m., Unit 1 activated his flashing emergency lights and siren. The SO turned left to travel southbound on Sherbourne Street. Unit 1 turned left to follow the SO. The Hyundai turned left from Sherbourne Street onto Queen Street East, followed by the SO and Unit 1. The traffic light was red for all three vehicles. There was a TTC streetcar stopped facing west on Queen Street East on the east side of the intersection. The Hyundai, and the SO and Unit 1, turned left onto Seaton Street to travel northbound on Seaton Street, which turned into a laneway near 275 Shuter Street where WO #6 was parked. The Hyundai, and the SO and Unit 1, each went around WO #6’s vehicle. The Hyundai, and the SO and Unit 1, continued eastbound through the parking lots towards Parliament Street. Unit 1 followed at an increasingly greater distance. The SO turned left to travel northbound on Parliament Street. Unit 1 turned left to travel northbound on Parliament Street. Unit 1 stopped for a red traffic signal light at Shuter Street where two fully marked SUVs [now known to be operated by WO #3 and WO #5’s partner] turned from eastbound Shuter Street to northbound Parliament Street behind the SO. Unit 1 followed WO #3’s vehicle northbound on Parliament Street with his flashing emergency lights and siren activated. Unit 1 was south of Wellesley Street when the SO reported the collision had occurred, and he was the fifth police vehicle to attend the scene.

Toronto Transit Commission (TTC) Bus Video Report

The TTC provided the SIU with seven video recordings of TTC buses that were in the area of Parliament Street and Bloor Street East between 2:00 a.m. and 2:30 a.m. on August 14, 2020. The video files were date and time stamped, in colour, and contained no audio.

TTC bus 8866 was equipped with six interior cameras and two exterior cameras. Camera 8, which was a rear facing curb side exterior camera, depicted an idle TTC bus 8866 at Bathurst Station at 2:00:00 a.m. At 2:09:08 a.m., a police vehicle with emergency lights activated passed TTC bus 8866 on the driver’s side in the area of 345 Bloor Street East.

At 2:11:13 a.m., TTC bus 8866 was in the area of Bloor Street East and Parliament Street. 

At 2:14:48 a.m., TTC bus 8866 proceeded southbound on Parliament Street.

At 2:08:44 a.m., while TTC bus 8532 was in the area of 600 Parliament Street, several vehicles passed the bus on the driver’s side. The video from this bus had no investigative value.

At 2:11:00 a.m., TTC bus 8545 was in the area of Bloor Street East and Manning Avenue, about 3.7 kilometres west of the collision scene. Accordingly, the video from this bus had no investigative value.

At 2:11:00 a.m., TTC bus 9204 was in the area of Danforth and Hillingdon Avenues, which was 4.2 kilometres east of the collision scene. This video had no investigative value.

At 2:11:00 a.m., TTC bus 8749 was in the area of Danforth and Greenwood Avenue, effectively 3.3 kilometres west of the collision scene. This video had no investigative value.

At 2:11:00 a.m., TTC bus 8463 was in the area of Danforth and Carlaw Avenues, effectively 2.0 kilometres east of the collision scene. This video had no investigative value.

At 2:04:31 a.m., TTC bus 1081 was in the area of Broadview and Danforth Avenues, traveling west on Danforth Avenue. At 2:11:01 a.m., TTC bus 1081 was in the area of Bloor Street West and Queens Park, effectively 1.8 kilometres west of the collision scene. This video had no investigative value.

Video/Audio/Photographic Evidence

The SIU canvassed the area for any video or audio recordings, and photographic evidence, and was able to locate the following sources:

• CCTV from a TCHC building at 155 Sherbourne Street;
• CCTV from a business (Business #1) on Parliament Street;
• CCTV from a business (Business #2) on Parliament Street;
• CCTV from a residence (Residence #1) on Parliament Street; and
• CCTV from a residence (Residence #2) on Parliament Street.

The following is a summary of some of the relevant footage from these video recordings.

CCTV from Business #1 on Parliament Street

The video was date and time stamped, in colour, but contained no audio. The camera appeared to be motion-activated.

The video started at 2:00 a.m., August 14, 2020. The camera had a view of northbound and southbound traffic on Parliament Street. At 2:08:02 a.m., a TTC bus travelled north on Parliament Street. At 2:09 a.m., a silver sedan [now known to be operated by the Complainant] travelled north on Parliament Street. Between 2:10 a.m. and 2:11 a.m., there was no recorded footage available. At 2:11 a.m., a white and grey marked police SUV with emergency lights activated travelled north on Parliament Street. At 2:11 a.m., a second white and grey marked police SUV with emergency lights activated travelled north on Parliament Street. At 2:11 a.m., a marked white and grey police vehicle (car) with emergency lights activated travelled north on Parliament Street. At 2:11 a.m., a third white and grey marked police SUV with emergency lights activated travelled north on Parliament Street. At 2:15 a.m., a second marked police vehicle (car) travelled north on Parliament Street. The remaining video footage was of no investigative value. The video ended at 2:30:03 a.m.

CCTV from Residence #1 on Parliament Street

The video files were date and time stamped and in colour; however, they contained no audio. The following is a summary of the six video files.

The first camera had a view of southbound and northbound traffic on Parliament Street and started at 2:08:03 a.m. The video ended at 2:08:34 a.m.

The second camera started at 2:08:37 a.m. At 2:08:48 a.m., a TTC bus travelled northbound on Parliament Street. The video ended at 2:10:50 a.m.

At 2:10:52 a.m., a grey sedan [now known to be a silver Hyundai driven by the Complainant] travelled north on Parliament Street. At 2:10:55 a.m., a white marked police vehicle with emergency lights activated travelled north on Parliament Street. At 2:11:00 a.m., a white and grey marked police SUV with emergency lights activated travelled north on Parliament Street. At 2:11:08 a.m., a second white and grey marked police SUV with emergency lights activated travelled north on Parliament Street. At 2:11:12 a.m., a third white and grey marked police SUV, with emergency lights activated travelled north on Parliament Street. At 2:11:15 a.m., a white and grey marked police vehicle with emergency lights activated travelled north on Parliament Street. At 2:11:21 a.m., a fourth white and grey marked police SUV with emergency lights activated travelled north on Parliament Street.

The three remaining video clips were of no investigative value.

CCTV from Residence #2 on Parliament Street

The video was not date or time stamped. It was in colour and contained no audio. The camera had a partial view of the sidewalk.

At 13:59 minutes into the video, a TTC bus travelled north on Parliament Street. At 15:47 minutes into the video, a silver sedan [now known to be operated by the Complainant] travelled north on Parliament Street. At 15:50 minutes into the video, the SO’s marked police vehicle with emergency lights activated travelled north on Parliament Street. At 15:57 minutes into the video, WO #2’s marked police SUV with emergency lights activated travelled north on Parliament Street. At 16:03 minutes into the video, WO #2’s marked police SUV with emergency lights activated travelled north on Parliament Street. At 16:08 minutes into the video, WO #3’s marked police SUV with emergency lights activated travelled north on Parliament Street. At 16:10 minutes into the video, a fourth marked police SUV with emergency lights activated travelled north on Parliament Street. At 16:17 minutes into the video, a fifth marked police SUV with emergency lights activated travelled north on Parliament Street. At 20:13 minutes into the video, a marked EMS vehicle with emergency lights activated travelled north on Parliament Street. At 31:31 minutes into the video, the recording ended.

Police Communications Recordings

On August 14, 2020, at 2:08:12 a.m., WO #6 broadcast, “Car leaving the scene, silver 4 door, 50 metres Shuter.” The dispatcher asked WO #6, “50 metres from what?” WO #6 then broadcast, “Shuter and Sherbourne.”

At 2:08:54 a.m., WO #6 broadcast, “Car right there, southbound on Sherbourne from Shuter.” At 2:09:07 a.m., WO #1, who was a passenger in the lead cruiser in pursuit, broadcast, “Not stopping, southbound Sherbourne approaching Queen.” The dispatcher asked for a K9 unit to attend TPS 51 Division. At 2:09:50 a.m., an unknown police officer broadcast, “You were on it.” At 2:09:55 a.m., “[undecipherable] and Queen.”

At 2:10:01 a.m., WO #1 broadcast, “Northbound on Parliament approaching Shuter.” At 2:10:07 a.m., the dispatcher repeated, “Northbound on Parliament approaching Shuter,” and asked for the marker. At 2:10:34 a.m., WO #1 advised, “Speed 80 km/h,” followed by, “Notify 55 [division] 80 km approaching Bloor.” At 2:11:06 a.m., WO #1 broadcast, “Crashed the car at Bloor.” At 2:11:29 a.m., the SO, the driver of lead cruiser in pursuit, advised, “Everyone take cover, cannot see inside the car,” followed by, “Entire front end of car is gone, Fire and Ambulance.” At 2:13:06 a.m., the SO advised, “Female not conscious.”

Materials obtained from Police Service

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

• Arrest Policy;
• AVL / GPS data;
• Communications Recordings;
• ICAD;
• ICCS Scout vehicle - WO #6;
• ICCS Scout vehicle - WO #2;
• ICCS Scout vehicle - WO #5;
• ICCS Scout vehicle - WO #3;
• Motor Vehicle Collision Report;
• Notes-WO #3;
• Notes-WO #6;
• Notes-WO #1;
• Notes-WO #7;
• Notes-WO #4;
• Notes-WO #5;
• Notes-WO #2;
• Occurrence and Supplementary Reports;
• TPS Event Data Recorder Vehicle Info-Hyundai Sonata;
• TPS Mechanical Examination-Hyundai Sonata;
• TPS Photographs;
• Training Record-Pursuit Training-the SO; and
• TTC CCTV Footage.

Materials obtained from Other Sources

The SIU also obtained and reviewed the following records from non-police sources:

• Reports from Toronto EMS;
• CCTV from Residence #1 on Parliament Street
• CCTV from Residence #2 on Parliament Street
• CCTV from Business #1 on Parliament Street;
• CCTV from Business #2 on Parliament Street; and
• CCTV from a TCHC Building.

128(13) The speed limits prescribed under this section or any regulation or by-law passed under this section do not apply to,

320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.