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 serious injuries sustained by a 28-year-old man (the “Complainant”).

Notification of the SIU
 

On November 12, 2020, at 11:50 p.m., the Ontario Provincial Police (OPP) notified the SIU of the Complainant’s injury.

The OPP advised that on November 12, 2020, at 10:25 p.m., police officers attempted to stop a vehicle for possible impaired driving. The vehicle took off, but the police vehicles remained at the scene. A sergeant then gave permission for the police officers to resume patrol. About two kilometres away from the attempted stop, the vehicle had collided with another vehicle that was stopped at the intersection of Imperial Road and McNeil Line, Malahide Township. The driver of the first vehicle was unconscious and was taken by air ambulance to the Victoria Hospital (VH). An occupant of the second vehicle was taken to VH with possible head injuries. The scene was secured.

The Team
 

Number of SIU Investigators assigned:     3

Number of SIU Forensic Investigators assigned:     1

Complainant:

Interviewed, medical records obtained and reviewed

Civilian Witnesses
 

CW #1     Interviewed

CW #2     Interviewed

CW #3     Interviewed

Witness Officers
 

WO #1     Interviewed

WO #2     Interviewed

WO #3     Interviewed

Subject Officers
 

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

The Scene
 

The collision scene was at the intersection of Highway 73 (Imperial Road) and Highway 52 (Ron McNeil Line), Malahide.

Highway 73 travels in a north/south direction and Highway 52 travels in an east/west direction. There are stop signs for vehicular traffic on eastbound and westbound Highway 52. Highway 73 has no stop signs. There is a flashing light suspended from overhead wires in the middle of the intersection with a red flashing light for vehicular traffic traveling east and west on Highway 52 and a yellow (amber) flashing light for vehicular traffic traveling north and south on Highway 73.

There are white stop lines at the intersection only for vehicular traffic traveling east and west on Highway 52. The roadway is paved asphalt with lane markings clear and visible separating lanes of traffic. There did not appear to be any visible obstructions for vehicular traffic traveling on either roadway approaching the intersection.



Figure 1 - This image is from Google Earth Pro and depicts the intersection of Highway 73 (Imperial Road) and Highway 52 (Ron McNeil Line).
There were three vehicles involved in this collision.

Vehicle 1, a 2002 GMC Sierra pickup truck, blue in colour. This vehicle had extensive front end damage and was at final rest in the ditch at the southwest quadrant of the intersection. The GMC pickup truck was oriented in an east direction.


Figure 2 - The 2002 GMC Sierra pickup truck with front end damage that was in the ditch.
Vehicle 2, a 2009 Dodge Caliber, red in colour. This vehicle had extensive rear end damage and was at final rest in the ditch at the southeast quadrant of the intersection. The Dodge Caliber was oriented in a west direction.


Figure 3 - The 2009 Dodge Caliber with rear end damage located in the ditch.
Vehicle 3, a 2020 Freightliner transport truck. This vehicle had front end damage and was at final rest along the right shoulder of Highway 73 just north of the intersection. The Freightliner truck was pulling a trailer full of Carbon Dioxide.


Figure 4 - The front end damage to the 2020 Freightliner transport truck.

Scene Diagram

Expert Evidence
 

Automatic Vehicle Location (AVL) [1] / Global Positioning System (GPS) [2] Summary and Analysis

The following is a brief summary and analysis completed for the OPP vehicle operated by the SO. The OPP vehicle made a U-turn on Highway 73 and travelled southbound. The time stamp was 10:16:37 p.m.


Figure 5 - This image is from Google Earth Pro and depicts the location on Highway 73 where the SO's OPP vehicle made a U-turn changing travel direction from northbound to southbound.
The SO’s OPP vehicle slowed along Highway 73 and started to pull over to the right shoulder of the roadway. The speed was 60 km/h and the time stamp was 10:20:05 p.m.

At 10:20:15 p.m., the SO’s vehicle continued to slow along the right shoulder of the roadway and the speed was 26 km/h.

At 10:20:25 p.m., the SO’s vehicle slowed to a stop along the right shoulder of Highway 73 and faced in a southbound direction. The SO’s vehicle remained in a stopped position from 10:20:27 p.m. to 10:24:07 p.m.


Figure 6 - This image is from Google Earth Pro and depicts the SO's vehicle stopped on the right shoulder of the roadway.
At 10:24:09 p.m., the SO’s vehicle slowly pulled back onto the roadway and travelled southbound on Highway 73. The speed was 5 km/h.

At 10:25:07 p.m., the SO’s vehicle was southbound on Highway 73 and slowed on the right shoulder of the roadway. The speed was 27 km/h. The police vehicle then slowed to 13 km/h and stopped in the middle of the intersection of Highways 73 and 52, also known as Imperial Road and Ron McNeil Line.


Figure 7 - This image is from Google Earth Pro and depict the SO's vehicle at the collision scene located at the intersection of Imperial Road and Ron McNeil Line (Highway 73 and 52).

Analysis

The distance from the collision scene at Imperial Road and Ron McNeil Line to the location where the SO’s OPP vehicle pulled to the right and stopped was about 870 metres. The time the OPP vehicle stopped along the side of the road was 10:20:25 p.m. and the time OPP vehicle arrived at the collision scene was 10:25:35 p.m. This time difference was 5 minutes and 10 seconds. From point 698 where the OPP vehicle pulled back onto the roadway until arrival at the collision scene was about 1 minute and 26 seconds. Given the distance to travel 870 metres is 86 seconds, the average velocity was about 10.1 m/sec. The calculated average speed given an average velocity of 10.1 m/sec would be about 36.3 km/h. The total distance travelled from the point where the OPP vehicle made the U-turn on Highway 73 to the collision scene was about 4.54 kilometres.

Communications Recordings
 

On November 12, 2020, at 10:09 p.m., a blue-coloured GMC Sierra pickup truck was reported via 911 to be southbound on Highway 73 from Highway 401. It was said to have swerved in and out of traffic, and gone in and out of the ditch on several occasions. The speed of the pickup truck increased as it drove southbound. The 911 caller feared the driver of the pickup truck was impaired and going to cause serious injury to someone.

The OPP dispatcher broadcast the details about the GMC pickup truck provided by the 911 caller to area OPP police officers. The SO was northbound on Highway 73 and approached the area where the pickup truck was seen by the 911 caller. The SO saw the pickup truck travel past his police vehicle, so he made a U-turn and got in behind the pickup truck to conduct a traffic stop.

The pickup truck pulled over to the right and stopped for the SO but as the SO got out of his police vehicle the pickup truck accelerated forward southbound on Highway 73, failing to stop for police. WO #2 assisted on the call with the SO. The SO told the OPP dispatcher he would not continue nor pursue the pickup truck because it failed to stop for him. Both the SO and WO #2 pulled their police vehicles over to the side of the roadway, stopped and each gave their odometer reading to the dispatcher.

After a few minutes, the OPP dispatcher told the SO and WO #2 that they could proceed southbound on Highway 73 and resume patrol at normal speeds. A few minutes later, the SO came across a motor vehicle collision at the intersection of Highway 73 (Imperial Road) and Highway 52 (Ron McNeil Line) involving three motor vehicles. The SO confirmed that one of the involved motor vehicles was the same blue-coloured GMC pickup truck that had earlier failed to stop for him.

Video/Audio/Photographic Evidence

Dashcam Video Summary

One of the involved motor vehicles involved in the collision was a 2020 Freightliner transport truck, operated by CW #2. The transport truck was equipped with a dash-mounted camera, facing forward. The following is a brief summary of the pertinent information captured by the dash camera.

The video captured ten seconds of footage on November 12, 2020, at 10:20 p.m. The video showed the collision at the intersection of Highway 73 and Highway 52 involving the three motor vehicles. It captured the front of the GMC Sierra pickup truck colliding with the rear of the stopped 2009 Dodge Caliber. There were no police vehicles seen in the video footage behind the GMC pickup truck, and no flashing blue and red emergency lighting could be seen. No police vehicles were seen post-impact.

Materials obtained from Police Service
 

The SIU obtained and reviewed the following records from the OPP:

• Audio Statement Synopsis- CW #2;
• Computer-assisted Dispatch Event Details (x2);
• General Occurrence Report;
• Motor Vehicle Collision Report;
• Notes of the SO and WOs;
• Occurrence Summary (x2);
• GPS / AVL Data for the SO’s vehicle;
• 911 and Communications Audio;
• Provincial Police Academy Student Transcript – the SO; and
• Witness Statement- CW #1.

Materials obtained from Other Sources

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

• Dashcam video from CW #2;
• Medical records for CW #1 from the VH; and
• Medical records for the Complainant from the VH.

The material events in question are clear on the evidence collected by the SIU and may be briefly summarized. In the evening of November 12, 2020, the OPP received a 911 call from a motorist calling to report another motorist – the Complainant – for possible impairment. The caller indicated that he was following a blue pickup truck south on Highway 73 from Highway 401 which was swerving in and out of traffic, and had travelled in and out of ditches on several occasions. Officers in the area were advised of the situation.

The SO was in his cruiser traveling north on Highway 73 and indicated he would attend the area of the 911 call to investigate. North of Lyons Line, the SO observed the pickup truck travel south past his cruiser. The officer executed a U-turn on the road north of Crossley Hunter Line, accelerated to catch up with the pickup truck and activated his cruiser’s emergency lighting. Just south of Lyons Line, the pickup truck pulled over and came to a stop on the shoulder of the highway.

After taking note of the vehicle’s licence plate marker and receiving information via dispatch regarding the registered owner, the SO, who had brought his cruiser to a stop behind the pickup truck on the shoulder, exited to speak with the Complainant. As the officer approached the pickup truck, the Complainant placed his vehicle in motion again and began to slowly travel south on Highway 73. The SO returned to his cruiser and followed suit.
A short distance later, the SO shut off his emergency lights and discontinued the pursuit. The officer pulled over by the side of the highway where he remained stationary for several minutes before he was authorized by a sergeant in the communications centre to continue his patrol in the last known direction of travel of the pickup truck.

The Complainant continued south at speed on Highway 73. As he came upon Highway 73’s intersection with Ron McNeil Line, the Complainant failed to appreciate a vehicle stopped in the intersection waiting to make a left turn to travel eastward. The Complainant’s pickup truck slammed into the rear of the vehicle – a Dodge Caliber operated by CW #1. The collision sent the pickup truck careening into the ditch at the southwest corner of the intersection where it came to rest. CW #1’s vehicle was propelled into the path of a northward tractor-trailer, with which it collided before coming to rest in a ditch on the southeast corner of the intersection. The tractor-trailer came to a controlled stop on Highway 73 just north of Ron McNeil Line.

The SO arrived at the intersection minutes after the collisions had occurred. He and WO #2, the latter in his own cruiser, did what they could to render assistance to the injured parties. The Complainant was eventually extricated from his vehicle and taken to hospital where he was diagnosed with serious head and vascular injuries. CW #1 was fortunate to have escaped the ordeal with non-serious injuries.

Section 320.13, Criminal Code – Dangerous operation causing bodily harm

On November 12, 2020, following a brief police pursuit, the Complainant was involved in a motor vehicle collision, suffering serious injuries in the process. The SO was operating the pursuing police cruiser and identified as the subject officer for purposes of the SIU investigation. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the Complainant’s injuries.

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 premised, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have observed in the circumstances. In the instant case, there is no evidence to suggest that the SO transgressed the limits of care prescribed by the criminal law.

The SO was in the lawful execution of his duty as he followed and then briefly pursued the Complainant’s pickup truck. The officer had information of a 911 caller reporting behaviour consistent with an impaired driver, which information was confirmed by his own brief observations of the vehicle before it came to a stop. In the circumstances, the SO was within his rights in seeking to stop the vehicle for further investigation.

Thereafter, it is evident that the SO conducted himself with full regard for the health and safety of the public around him. The officer followed in the pickup truck’s direction of travel for a short period after it first came to a stop before setting off southward again on Highway 73, but quickly pulled his cruiser to the side of the road, came to a stop and turned off his emergency lights. He only resumed his travel south when authorized to do so by the communications centre, several minutes later, and came upon the collision scene at the Highway 73 and Ron McNeil Line intersection. There was no question of any excessive speed on the part of the SO at any time.

In the result, as there is no evidence that the SO conducted himself other than lawfully throughout his brief engagement with the Complainant’s pickup truck, there is no basis for proceeding with criminal charges in this case and the file is closed.


Date: June 21, 2021

Electronically approved by

Joseph Martino
Director
Special Investigations Unit