Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.

Special Investigations Unit Act, 2019

Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following: 

Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.

A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.

In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.

This report relates to the SIU’s investigation into the death of an 81-year-old man (the “Complainant”).

Notification of the SIU

On October 28, 2021, the Ontario Provincial Police (OPP) notified the SIU of the following.

On October 28, 2021, at 3:00 p.m., an OPP police officer had stopped a vehicle after checking the licence plate and confirming that the registered owner was a suspended driver. The police officer saw a gun inside the vehicle on the console. The man said something to the effect of, “I have nothing to live for,” and drove away about three blocks.

At the intersection of Bayshore Drive and William Street, the man drove into a harbour. Police officers entered the water, but the vehicle sank to the bottom.

At the time of notification, the man had not exited the vehicle.

The OPP dive team were en route to the scene.

The Team

Date and time team dispatched: 10/28/2021 at 5:09 p.m.

Date and time SIU arrived on scene: 10/28/2021 at 5:30 p.m.

Number of SIU Investigators assigned: 3

The Scene

William Street is a north-south street and Bayshore Drive is an east-west street. There is a gravel driveway leading north from where the two streets meet, and the gravel driveway leads down an incline to a gravel parking area for Midland Bay Landing Park. The park has a walkway and benches along the water’s edge. There is a rocky boat launch for small boats. The scene was at the water’s edge of Midland Bay at the boat launch.


Figure 1 – Google Maps aerial view of the scene

Physical Evidence

There were three vehicles within the protected area of the scene:

1) A white Chevrolet van faced towards the water and was attached to a tow truck. The interior was wet, and it had obviously been in the water. The van had scrapes on the hood and the windshield was smashed and pressed inwards. The roof had substantial damage and was pushed into the interior compartment. The right-side windows were broken, and the exterior mirror was hanging from the door. The driver’s window was broken. The driver’s seat belt was engaged in the buckle, but the webbing was cut. There was a small pistol on the driver’s side floor. The contents of the van were in a water-soaked pile next to the van. These items were reportedly gathered by the dive team and placed on shore.

2) A black OPP Chevrolet Tahoe, known to have been operated by the SO, with subdued police markings. This vehicle did not have emergency lighting on the roof, but there were emergency lights discreetly positioned on it. A gun belt was on the front passenger floor, and a duty vest and boots were in the rear seating area. The name on the duty vest was ‘the SO’. The Tahoe was undamaged.

3) A second black OPP Chevrolet Tahoe with full police markings. It was equipped with emergency lighting. A duty belt was in the rear hatch. The Tahoe was undamaged.

The pistol, which had been located on the floor of the van, was examined and determined to be an eight chamber Sprinter starter pistol. The chamber was opened and it was loaded with eight blank ammunition cartridges; one had been spent.


Figure 2 - Sprinter starter pistol found in van.

Video/Audio/Photographic Evidence [fn]1[fn]

OPP Radio and Telephone Communications

At 2:55:57 p.m., the SO radioed the dispatcher informing them of a traffic stop he was conducting on Yonge Street and he provided the licence plate number. The dispatcher informed him the vehicle was coming back as a Chevrolet pickup truck registered to the Complainant, whose licence plates had expired in 1989. The SO requested a check on a Vehicle Identification Number (VIN). The dispatcher informed him the VIN came back to a white Chevrolet van registered to another person.

The SO alerted the dispatcher that the Complainant had taken off on him and turned northbound onto Aberdeen Boulevard. The Complainant had a revolver and had said he was going to take his own life. The SO radioed that the Complainant was still northbound on Aberdeen Boulevard approaching Bay Street; his lights were not activated, and he was just following. WO #1 reported he was coming up to William Street.

The SO reported he was westbound on Bay Street, coming up to William Street, and that the Complainant had his right-turn signal on. WO #1 asked if it was a white van, and the SO confirmed it was a white van and it was heading northbound.

The OPP Provincial Operations Centre sergeant asked the SO the reason for his pursuit. The SO reported he was not pursuing the Complainant. A traffic stop had been conducted, and the Complainant had showed him a firearm and told him he was going to end his life.

It was reported that the Complainant had pulled into the lookout by the water at William Street and Bayshore Avenue.

WO #1 reported he was on scene and asked the SO if the Complainant had shown him a firearm. The SO confirmed the Complainant had shown him a small revolver in the centre console.

WO #1 reported the Complainant had driven into the water and asked for Fire and Rescue Services.

The SO confirmed the Complainant’s vehicle was sinking and asked for Fire Services

The dispatcher indicated that Fire Services and Emergency Medical Services (EMS) were on the way.

WO #1 reported he and the SO had attempted a water rescue, but it was too cold and too deep, and they could not get to the vehicle. He also requested extra ambulances.

At 3:09:12 p.m., the OPP dispatcher called the Midland Fire Department to request their attendance at Bayshore Drive and William Street for a vehicle going in the water. The Fire department confirmed it would attend. The dispatcher called the EMS to request an ambulance attend the intersection of William Street and Bayshore Drive. A second call was made to EMS to request more ambulances for the police officers who had entered the water and the EMS confirmed they would attend.

The material events in question are clear on the evidence collected by the SIU, and may be briefly summarized.

In the afternoon of October 28, 2021, the Complainant was alone operating a white minivan eastbound on Yonge Street, Midland. He was pulled over east of William Street by a police officer. When the officer made it clear he could not let the Complainant continue to drive the vehicle and then returned to his cruiser, the Complainant resumed his travel east on Yonge Street.

The officer was the SO. While on patrol in a police SUV, he had stopped behind the Complainant’s vehicle at a red light on William Street and noticed a homemade validation sticker affixed to the licence plate. Further checks revealed that the plates were not registered to the van the Complainant was operating, nor was the vehicle insured. The Complainant explained that he was dying and asked to be let off with a warning. The SO indicated he could not do that, but assured the Complainant that the van would be returned to his home before proceeding to his cruiser to prepare several infraction notices.

At the direction of the SO, who had caught up with the van again on Yonge Street in the area of the Olive Street intersection, the Complainant pulled over. He refused to turn off the ignition at the officer’s direction, reached into his centre console and retrieved a small revolver, saying he had nothing to live for and planned to kill himself. The SO moved back from the front driver’s window of the van a few steps, and watched as the Complainant returned the gun to the console and continued to drive eastward.

The SO re-entered his cruiser, radioed what had just occurred, and pursued the Complainant’s van. At a distance of about one car length, the officer followed the van east until Aberdeen Boulevard, north to Bay Street, west to William Street, and finally north towards the parking lot of the Midland Bay Landing Park.

The Complainant entered the parking lot and turned east down a boat launch into the waters of Georgian Bay. The van drifted out from shore about ten metres, bobbing in the water.

The SO, joined by WO #1, who had followed the officer into the parking lot, brought their cruisers to a stop and exited. Pedestrians and motorists in the parking lot were asked to evacuate the area as the SO readied himself to enter the water to attempt a rescue. He had removed his vest and gun belt but was held back by the sergeant, who cautioned him that the Complainant had been seen with a gun.

When, after a couple of minutes, the van dipped below the surface of the water, both officers entered the water and swam out to where the van had been. They returned a short time later – the water was too cold and too deep for the SO or WO #1 to effectively operate in.

The OPP Underwater Search and Recovery Unit and fire department personnel attended the scene. They were able to tow the van back to shore at about 6:20 p.m. The Complainant was located deceased in the vehicle. A revolver – a starter’s pistol – was located on the floor of the van.

The Complainant died in Midland on October 28, 2021. As he had interacted moments before his death with an OPP officer, the SIU was notified and initiated an investigation. The SO was identified as a subject official. The investigation is now concluded. 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 death.

There is no suggestion in the evidence of any want of care on the part of the SO in the events culminating in the Complainant’s death. On all the evidence, including GPS data associated with the SO’s cruiser and a video recording that captured a part of the pursuit that unfolded, both parties – the Complainant and the SO – operated their vehicles within the speed limit and in full compliance with the traffic laws. At most, this was a brief, slow-speed engagement that at no point endangered public safety. It should also be noted that the SO was within his rights in pursuing the Complainant given the pistol he had observed in his possession.

Once the van entered the water, the SO comported himself with due care and regard for the Complainant. His decision to initially refrain from entering the water to attempt a rescue was reasonable. The van had not yet submerged and the SO could not be sure what he would encounter in the face of a man potentially armed with a lethal weapon. [fn]2[fn] Once the van dipped below the surface of the water, the officers, satisfied that the Complainant no longer represented a threat and there was some prospect of saving him, swam out a distance but returned a short time later, wisely, in my view, given the risky conditions – the water was cold and deep where the vehicle had gone under.

For the foregoing reasons, I am satisfied that the SO did not transgress the limits of care prescribed by the criminal law in connection with the circumstances surrounding the unfortunate death of the Complainant. Accordingly, there is no basis for proceeding with criminal charges in this case, and the file is closed.


Date: February 25, 2022

Electronically approved by

Joseph Martino
Director
Special Investigations Unit