SIU Director’s Report - Case # 21-PVI-399
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Contents:
Mandate of the SIU
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.
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.
Information Restrictions
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:- 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.
- 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.Mandate Engaged
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 serious injury a 40-year-old man (the “Complainant”) suffered.
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 serious injury a 40-year-old man (the “Complainant”) suffered.
The Investigation
Notification of the SIU
On November 23, 2021, at 11:23 a.m., the Ontario Provincial Police (OPP) contacted the SIU and reported a motor vehicle collision (MVC) involving an OPP police vehicle. The OPP advised that on November 23, 2021, at 10:00 a.m., an OPP police officer was operating a police vehicle eastbound [now known to be westbound] on 20th Sideroad, near the 10th Line, New Tecumseh [now known to be Essa Township]. While travelling past 10th Line, a northbound vehicle on 10th Line failed to stop for the stop sign and struck the police vehicle.
The police officer and the driver of the other vehicle, the Complainant, were taken to the Royal Victoria Hospital (RVH) in Barrie by County of Simcoe Paramedic Service - Emergency Medical Service (EMS) ambulances.
At 11:55 a.m., the OPP called the SIU again and advised that the injuries to the police officer and the Complainant were minor in nature, and both drivers were to be discharged.
At 2:52 p.m., the OPP called the SIU again and reported that the RVH now advised that the X-ray of the Complainant showed a minor fracture to a cervical vertebra in his neck.
The Team
Date and time team dispatched: 11/24/2021 at 6:12 a.m.Date and time SIU arrived on scene: 11/24/2021 at 8:30 a.m.
Number of SIU Investigators assigned: 2
Number of SIU Forensic Investigators assigned: 1
Affected Person (aka “Complainant”):
40-year-old male; interviewed; medical records obtained and reviewedThe Complainant was interviewed on December 7, 2021.
Subject Official (SO)
SO Declined interview and to provide notes, as is the subject official’s legal rightWitness Officials (WO)
WO #1 InterviewedWO #2 Interviewed
WO #3 Interviewed
The witness officials were interviewed between December 9 and 16, 2021.
Evidence
The Scene
The scene of the collision was at the intersection of 20th Sideroad and the 10th Line, Essa Township. The area was flat and the roads were snow covered. 10th Line was a two-lane road with single lanes for northbound and southbound traffic, and a posted speed limit of 80 km/h. 20th Sideroad was a two-lane road with single lanes for westbound and eastbound traffic, and a posted speed limit of 80 km/h. The intersection was controlled by stop signs for northbound and southbound traffic on 10th Line.This was a scheduled response and a SIU Forensic Investigator was not dispatched. The scene had been processed by the OPP.
Scene Diagram
Forensic Evidence
Crash Data Retrieval (CDR) Data for Involved Vehicles
Ford F-150 The raw data for the Ford F-150 showed that the airbags had deployed, and the driver’s seatbelt was not engaged.
At 5 seconds before the collision, the Ford F-150 travelled at 34 km/h. At 4 seconds before the collision, that Ford F-150 travelled at 29 km/h. At 3 seconds before the collision, the Ford F-150 travelled at 25 km/h. At 2 seconds before the collision, the Ford F-150 travelled at 25 km/h. The brake was then disengaged and, at 1 second before the collision, the Ford F-150 travelled at 27 km/h. At the time of impact, the Ford F-150 travelled at 39 km/h with 18.8 % of full throttle and the RPMs at 1,622.
OPP Ford Explorer
The raw data from the SO’s Ford Explorer showed that the airbags had deployed, and the driver’s seatbelt was engaged.
At 5 seconds before the collision, the Ford Explorer travelled at 77 km/h. At 4 seconds before the collision, thet Ford Explorer travelled at 77/km/h. At 3 seconds before the collision, the Ford Explorer travelled at 77 km/h. At 2 seconds before the collision, the Ford Explorer travelled at 77 km/h. At 1 second before the collision, the Ford Explorer travelled at 68 km/h. At the time of impact (0 seconds), the Ford Explorer travelled at 60 km/h, and the throttle was at 0%.
Global Positioning System (GPS) Data
On November 23, 2021, at 9:53 a.m., the SO’s OPP vehicle travelled westbound on 20th Sideroad towards 10th Line, Essa Township. Per the GPS data associated with the vehicle: At 9:53:27 a.m., the vehicle was westbound on 20th Sideroad, approaching 10th Line at a speed of 78 km/h.
At 9:53:42 a.m., the vehicle was westbound on 20th Sideroad, approaching 10th Line at a speed of 80 km/h.
At 9:53:54 a.m., the vehicle was westbound on 20th Sideroad, approaching 10th Line at a speed of 77 km/h.
At 9:53:54 a.m., the vehicle was westbound on 20th Sideroad, approaching 10th Line at a speed of 79 km/h.
At 9:54:05 a.m., the vehicle was stopped facing southbound on 10th Line at 20th Sideroad, which was its resting location after the impact of the collision.
Video/Audio/Photographic Evidence [1]
Communications Recordings
At 9:56:05 a.m., OPP dispatch electronically received a Ford Vehicle Crash Notification, which listed by longitude and latitude the location as 10th Line and 20th Sideroad, Essa Township. At 9:57 a.m., a call was received from a woman who advised she had not witnessed the collision, which involved a police vehicle and a Ford pickup truck, but that a police officer [now known to be the SO] was out of his vehicle and he was not okay.
At 9:57:40 a.m., dispatch called for an ambulance.
At 9:58:03 a.m., the caller advised that the police vehicle was in the ditch and the other driver, the Complainant, had head injuries and was on the ground in the snow. The caller advised that the impact knocked the SO’s glasses off his face and he could not find them. An off-duty firefighter was with the Complainant. The caller then advised that the Complainant was now awake and breathing, and standing outside of his vehicle. The SO had to crawl out from under his airbag. The Ford pickup was in a farmer’s field and the road was not blocked.
At 10:00:28 a.m., WO #3 and WO #1 were dispatched.
WO #1 arrived on scene at 10:15 a.m., and WO #3 arrived on scene at 10:20 a.m.
WO #2 was dispatched and arrived on scene at 10:18 a.m.
Materials Obtained from Police Service
Upon request, the SIU obtained and reviewed the following materials and documents from the OPP between November 29, 2021, and January 19, 2022: - Computer-assisted Dispatch Report;
- Communications Recordings;
- CDR Data-Ford F-150;
- CDR Data-OPP Ford Explorer;
- GPS Data-OPP Ford Explorer;
- Interview Statement-the Complainant;
- MVC Report;
- Notes-WO #3;
- Notes-WO #1;
- Notes-Officer #1;
- Notes-Officer #2;
- Notes-Officer #3;
- Notes-WO #2;
- Notes-Officer #4;
- Photo Brief;
- Scene Diagrams (x6);
- Scale Check Report;
- Notebook Diagram – WO #2;
- Technical Collision Field Notes-Officer #3;
- Vehicle Examination Field Notes-OPP Ford Explorer; and
- Vehicle Examination Field Notes-Ford F-150.
Materials Obtained from Other Sources
The SIU obtained and reviewed the following records from other sources: - EMS-Ambulance Call Report;
- EMS-Automatic Vehicle Location Data; and
- Medical Record-RVH.
Incident Narrative
The material events in question are clear on the evidence collected by the SIU, and may be briefly summarized.
In the morning of November 23, 2021, the Complainant was operating his pickup truck north on 10th Line on his way to work. He entered the roadway’s intersection with 20th Sideroad and was struck by a police SUV. The time was about 9:54 a.m.
The police SUV, driven by the SO, had been travelling west on 20th Sideroad when it entered the roadway’s intersection with 10th Line and struck the Complainant’s pickup truck.
Both vehicles were propelled in a northwest direction before coming to rest.
The Complainant was transported to hospital following the collision and diagnosed with a fracture of a cervical vertebra.
In the morning of November 23, 2021, the Complainant was operating his pickup truck north on 10th Line on his way to work. He entered the roadway’s intersection with 20th Sideroad and was struck by a police SUV. The time was about 9:54 a.m.
The police SUV, driven by the SO, had been travelling west on 20th Sideroad when it entered the roadway’s intersection with 10th Line and struck the Complainant’s pickup truck.
Both vehicles were propelled in a northwest direction before coming to rest.
The Complainant was transported to hospital following the collision and diagnosed with a fracture of a cervical vertebra.
Relevant Legislation
Section 320.13 (1) Criminal Code – Dangerous operation causing bodily harm
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.
Analysis and Director's Decision
The Complainant suffered a serious injury in a motor vehicle collision in Essa on November 23, 2021. As his vehicle had been struck by an OPP cruiser, the SIU was notified and initiated an investigation. The driver of the OPP vehicle – the SO – was identified as the 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 collision.
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 exercised in the circumstances. In the instant case, the issue is whether the SO caused or contributed to the collision by any want of care in the manner in which he was driving sufficiently egregious to attract criminal sanction. The answer to that question is in the negative.
There is nothing in the evidence to suggest that the SO comported himself without due care and regard for public safety. The data associated with his vehicle’s speeds and directionality establish that the officer was travelling westward on 20th Sideroad within the speed limit. The evidence further establishes that the SO entered the intersection of 10th Line with the right of way and had little to no time to react to avoid a collision when the Complainant’s pickup truck travelled north into his path.
Conversely, the evidence strongly suggests that the Complainant entered the intersection without stopping at the stop sign for northbound traffic on 10th Line at 20th Sideroad, and that he failed to wait, as he was required, for traffic to clear before continuing on his way.
In the result, as there is no evidence that the SO transgressed the limits of care prescribed by the criminal law, there is no basis for proceeding with criminal charges in this case. The file is closed.
Date: March 23, 2022
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
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 exercised in the circumstances. In the instant case, the issue is whether the SO caused or contributed to the collision by any want of care in the manner in which he was driving sufficiently egregious to attract criminal sanction. The answer to that question is in the negative.
There is nothing in the evidence to suggest that the SO comported himself without due care and regard for public safety. The data associated with his vehicle’s speeds and directionality establish that the officer was travelling westward on 20th Sideroad within the speed limit. The evidence further establishes that the SO entered the intersection of 10th Line with the right of way and had little to no time to react to avoid a collision when the Complainant’s pickup truck travelled north into his path.
Conversely, the evidence strongly suggests that the Complainant entered the intersection without stopping at the stop sign for northbound traffic on 10th Line at 20th Sideroad, and that he failed to wait, as he was required, for traffic to clear before continuing on his way.
In the result, as there is no evidence that the SO transgressed the limits of care prescribed by the criminal law, there is no basis for proceeding with criminal charges in this case. The file is closed.
Date: March 23, 2022
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
Endnotes
- 1) The following records contain sensitive personal information and are not being released pursuant to section 34(2) of the Special Investigations Unit Act, 2019. The material portions of the records are summarized below. [Back to text]
Note:
The signed English original report is authoritative, and any discrepancy between that report and the French and English online versions should be resolved in favour of the original English report.