Director's Report Details

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person. 
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault. 
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person. 
• Information that discloses investigative techniques or procedures.  
• Information, the release of which is prohibited or restricted by law.  
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published. 

Freedom of Information and Protection of Privacy Act

Pursuant to section14 (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 that 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 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following: 

• The names of persons, including civilian witnesses, and subject and witness officials; 
• 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

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

Other proceedings, processes, and investigations

Information may also have 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.

 
Number of SIU Forensic Investigators assigned: 1

 
Number of SIU Collision Reconstructionists Assigned: 0

Affected Person (aka “Complainant”):

27-year-old woman; interviewed; medical records obtained and reviewed

The Complainant was interviewed on November 21, 2021.

Civilian Witnesses

CW #1 Interviewed
CW #2 Interviewed
CW #3 Interviewed
CW #4 Not interviewed (Next-of-kin)

The civilian witnesses were interviewed on November 21, 2021.

Subject Official

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

Witness Officials

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

The witness official was interviewed on November 24, 2021.

Closed-circuit Television (CCTV) Data

The SIU canvassed for and located CCTV data relevant to the incident from four locations in Port Colborne.

575 Main Street West [Harvey’s Restaurant]

The data obtained from 575 Main Street West were provided to the SIU by Harvey’s Restaurant. The following is a summary of the data.

At about 8:32 p.m., there were two vehicles depicted heading westbound on Main Street West, out of town. The first appeared to be a taxi, followed by an unidentifiable vehicle. There was nothing remarkable about their appearance. At 8:35:06 p.m., in the distance, two sets of emergency lights appeared. One second later, at 8:35:07 p.m., a vehicle [now known to be operated by the Complainant] entered the camera’s focal range travelling eastbound at a speed that was greater than other vehicles seen on Main Street West. At 8:35:12 p.m., an eastbound police vehicle [now known to be operated by the SO] with its emergency lights on was recorded pursuing the Complainant. Four seconds later, at 8:35:16 p.m., a second eastbound police vehicle [now known to be operated by WO #1] with its emergency lights on, followed the SO.

Residence #1 near Main Street West and Oakwood Street

The data depicted the flashing emergency lights of WO #1’s vehicle after the incident and beyond the focal range of the camera, the arrival of the SO’s vehicle with its emergency lights flashing, and both police officers approaching the Complainant’s vehicle.

Residence #2 near Main Street West and Oakwood Street

Clip One

At 8:40:49 p.m., the headlights of an eastbound vehicle on Main Street West were depicted.

At 8:40:51 p.m., a vehicle [now known to be a black Mazda operated by CW #3] had reached the east side of the intersection of Main Street West and Oakwood Street.

At 8:40:52 p.m., headlights illuminated the intersection as a vehicle [now known to be the vehicle operated by the Complainant] crossed Oakwood Street on the north side of the intersection and, one second later, struck the west side of the house at 509 Main Street West.

At 8:40:56 p.m., the Complainant’s vehicle ceased movement on its passenger side with its headlights toward the house. The black Mazda remained stationary against the south curb of Main Street West.

At 8:41:07 p.m., a NRPS cruiser [operated by the SO], with its emergency lights flashing and without decelerating, went eastbound on Main Street West, and beyond the camera’s focal range.

Three seconds later, a second NRPS cruiser [operated by WO #1], with its emergency lights flashing, passed through the intersection without deceleration and continued eastbound beyond the focal range of the camera. The flashing emergency lights on WO #1’s cruiser were continuously reflecting off the houses east of the intersection.

At 8:41:22 p.m., WO #1’s vehicle was depicted westbound on Main Street West and turning right on Oakwood Street. CW #3’s vehicle made a U-turn and stopped in front of 509 Main Street West as a man was depicted running across Main Street West.

Four seconds before the video recording ended, the SO’s police cruiser appeared travelling westbound on Main Street West returning to its intersection with Oakwood Street.

Clip Two

At 8:36:55 p.m., a set of headlights came into view moving westbound on Main Street West and quickly left the focal range of the camera.

At 8:40:42 p.m., the first set of headlights [now known to be on the black Mazda operated by CW #3] were seen illuminated in the eastbound lane. The second set of headlights [now known to be on the Complainant’s vehicle] were seen illuminated straddling the east and westbound lanes of Main Street West as though overtaking CW #3’s vehicle.

At 8:40:51 p.m., CW #3’s Mazda was just about through the intersection when the Complainant’s vehicle jumped the north curb and was within a few feet of the yellow sandbox and poles for the street signs at the northwest corner of Oakwood Street and Main Street West. The Complainant’s vehicle ran over the box and poles and continued its trajectory into the west side of the house at the northeast corner of Oakwood Street and Main Street West.

At 8:40:53 p.m., the Mazda stopped on Main Street West in front 508 Main Street West.

Four seconds later, the Complainant’s vehicle had ceased moving after colliding with and bouncing off the west side of the house at the northeast side corner of Oakwood Street and Main Street West.

At 8:41:02 p.m., a man was depicted stepping out onto his porch as a vehicle passed going westbound. At 8:41:06, the SO’s police cruiser with its emergency lights flashing drove eastbound on Main Street West through its intersection with Oakwood Street and left the camera’s focal range as the man was depicted pointing across the street. Four seconds later, WO #1’s vehicle with its emergency lights flashing drove through the same intersection as the man was depicted waving his right hand.

At 8:41:24 p.m., a NRPS police cruiser [believed to be operated by WO #1] travelled westbound with its emergency lights flashing, made a right turn onto Oakwood Street, and stopped.

At 8:41:37 p.m., the man was depicted leaving the porch to go to his neighbour’s house as the Mazda operated by CW #3 was depicted making a U-turn and stopping in front of 509 Main Street.

At 8:41:50 p.m., the video ended.

Residence #3 near Main Street West and Oakwood Street

The first video was of poor quality without any date and time stamp, and was 18 seconds in duration. Although the video depicted the Complainant’s vehicle colliding with the house, it was of no probative value in relation to the pursuit of the Complainant’s vehicle prior the collision.

The second video recorded flashing emergency lights from a NRPS police cruiser [now known to be operated the SO] first depicted reflecting off the house at 509 Main Street West before the SO’s vehicle, still with emergency lights flashing, was depicted travelling eastbound on Main Street West. About four seconds later, a second NRPS policed cruiser [now known to be operated by WO #1] with its emergency lights flashing, passed at a noticeably slower rate of speed.

Materials Obtained from Police Service

Upon request, the SIU received the following materials and documents from the NRPS between November 23, 2021, and December 21, 2021:

• Civilian Witness Statements (x5);
• Communications Audio Recordings;
• Detailed Call Summary Computer Aided Dispatch Log;
• General Order-Suspect Apprehension Pursuits;
• GPS Coordinate Map – the SO’s vehicle and WO #1’s vehicle;
• Motor Vehicle Accident Report;
• Narrative Text Hardcopy-Motor Vehicle Collision;
• Narrative Text Hardcopy-Prosecution Summary;
• Notes-WO #3;
• Notes-WO #4;
• Notes-WO #2;
• Notes-Officer #1;
• Notes-WO #5;
• Notes-WO #6;
• Notes-WO #1;
• Notes-the SO;
• Training Summary-the SO;
• GPS Data – the SO’s vehicle; and
• GPS Data – WO #1’s vehicle.

Materials Obtained from Other Sources

The SIU obtained and reviewed the following records from other sources:

• HGH medical records for the Complainant;
• Video Footage – Harvey’s Restaurant, 575 Main Street West;
• Video Footage – Residence #1 near Main Street West and Oakwood Street;
• Video Footage – Residence #2 near Main Street West and Oakwood Street; and
• Video Footage – Residence #3 near Main Street West and Oakwood Street.

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.