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 serious injuries a 61-year-old man (the “Complainant”) suffered.

Notification of the SIU

On June 2, 2022, at 12:51 a.m., the Ontario Provincial Police (OPP) notified the SIU of an injury to the Complainant.

According to the OPP, on June 2, 2022, at 12:15 a.m., the Subject Official (SO) of the Ottawa Detachment responded to the Woodroffe Avenue overpass of Highway 417 for a report of a man near the bridge edge. The SO arrived, and the Complainant got up on the barrier and held onto a sign. The SO attempted to engage in conversation with the Complainant and was able to grab onto him. The Complainant broke free, however, and fell to Highway 417 below. The Complainant was transported to The Ottawa Hospital - Civic Campus with serious leg and back injuries.

The Scene

The scene where the Complainant sustained his injuries was the Woodroffe Avenue overpass and Highway 417. The Woodroffe Avenue overpass travelled primarily in a north and south direction. On the east side of the overpass, above the westbound lanes of Highway 417, were personal items belonging to the Complainant.




Figure 1 – East side of the Woodroffe Avenue overpass of Highway 417




Figure 2 – View from the east railing of the Woodroffe Avenue overpass onto Highway 417

Video/Audio/Photographic Evidence [1]

OPP Radio Communications

On June 2, 2022, at 12:04:29 a.m., an employee from the Ministry of Transportation (MTO) [2] dispatch called the OPP dispatcher to advise that a man [now known to be the Complainant] was on the Woodroffe Avenue overpass at Highway 417. The employee had seen the Complainant on the MTO camera. The Complainant had an umbrella, leaned over the railing, and kept looking over the railing.

The OPP dispatcher informed the Ottawa Police Service dispatcher that the OPP had a police officer on scene trying to stop the Complainant from jumping. The OPP dispatcher called Emergency Medical Services (EMS) and requested attendance, without lights and sirens, at Woodroffe Avenue and Highway 417. The Complainant was on the other side of the bridge railing, about to jump onto the highway.

The OPP called Fire Services to inform them that the Complainant had jumped off the Woodroffe Avenue overpass onto Highway 417. The OPP dispatcher called EMS and updated the call to inform them that the Complainant had jumped from the overpass and was conscious.

The OPP dispatcher called the MTO dispatcher and asked them to shut down the westbound lanes of Highway 417.

********

On June 2, 2022, at 12:05:57 a.m., the SO informed the dispatcher that he had received the call from the MTO to attend Woodroffe Avenue and was en route. The dispatcher alerted police officers of a man [now known to be the Complainant] on the Woodroffe Avenue overpass at Highway 417. The WO informed the dispatcher he was en route.

The SO informed the dispatcher he was at the overpass and the Complainant was using his umbrella like a bat. The SO believed the Complainant was contemplating jumping. The SO informed the dispatcher that the Complainant was, “Going over, here.” The SO requested that lane one of westbound Highway 417 be shut down. The Complainant was over the concrete barrier, and was on a green sign. The SO informed the dispatcher that the Complainant was holding the green sign with his hands and was, “Probably going to go, here.” The SO informed the dispatcher he was holding the Complainant and requested the lanes be closed.

The WO informed the dispatcher he was in lane one on Highway 417 westbound, approaching Woodroffe Avenue. The WO indicated he had seen the Complainant fall and that he was with him.

The SO informed the dispatcher the Complainant was on the ground, conscious, and hurt “pretty bad”. The dispatcher informed the police officers help was on the way. The SO said, “Did the best I could.” The SO confirmed a MTO vehicle was assisting. An ambulance was reported on scene. The SO and WO were instructed to attend the detachment.

MTO Video Footage

The following is a summary of the pertinent footage.

On June 2, 2022, at 0000:00 run time of the video [now known to be after 12:00 a.m.], the Complainant walked southbound on the east side of the Woodroffe Avenue, Highway 417 overpass. A black fully marked OPP SUV travelled in the northbound lane and stopped several metres from the Complainant.

At 0000:07 run time, the SO exited his vehicle and approached the Complainant. The Complainant began to walk backward, turned, and walked northbound. The SO stopped several metres from the front of his vehicle and the Complainant stood several metres from the SO by the bridge railing.

At 0000:34 run time, the Complainant climbed over the railing. Due to the video quality, it was unclear what the Complainant was doing.

At 0002:12 run time, the SO walked towards the Complainant and stood by the railing.

At 0002:25 run time, the SO climbed over the railing and leaned forward.

At 0002:53 run time, the Complainant hung on the highway sign and the SO leaned over close to the Complainant.

At 0003:22 run time, the Complainant stepped off the ledge of the highway sign and dropped onto the westbound left passing lane of Highway 417. The Complainant rolled back and forth on the ground.

At 0003:34 run time, a fully marked OPP SUV [later identified as operated by the WO] entered the right frame, in the westbound left passing lane of Highway 417, and stopped about ten metres from the Complainant.

At 0003:39 run time, the WO exited the SUV, approached the Complainant, stood over him with one leg on either side of the Complainant, and bent over him. A pick-up truck with emergency lights entered the right frame in the westbound middle lane of Highway 417 and stopped about ten metres from the Complainant.

At 0003:51 run time, the SO, still on the overpass, ran back to his police vehicle, drove northbound, entered the Woodroffe Avenue on-ramp to Highway 417, and drove westbound towards the other parked vehicles.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the OPP between June 3, 2022, and July 7, 2022:

• Brief Mental Health Screener;
• Communication recordings;
• MTO video footage from Highway 417 westbound at Woodroffe Avenue;
• Event History;
• General Report;
• Notes – the WO;
• Notes – the SO; and
• Supplementary Report.

Materials Obtained from Other Sources

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

• Cell phone video – the CW; and
• Medical records of the Complainant from The Ottawa Hospital.

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

In the early morning hours of June 2, 2022, the Complainant found himself on the Woodroffe Avenue bridge over Highway 417 when he was approached by a police officer. The Complainant was of unsound mind at the time and contemplated taking his own life.

The SO was the police officer. The officer had travelled to the scene after reports from the MTO about a male behaving oddly on the bridge. An MTO camera had captured the Complainant on the bridge.

The Complainant was on the sidewalk on the east side of the bridge when the SO pulled up in his cruiser several metres south of his position. He retreated northward as the SO exited his cruiser and took several steps in the Complainant’s direction.

The SO attempted to speak with the Complainant from the front of his cruiser but was unable to establish any dialogue. The officer asked the Complainant if he could come closer to his location in order to be able to hear what he was saying, and moved a short distance in his direction.

The Complainant climbed over the overpass railing and stood on the ledge of a highway sign affixed to the east side of the bridge over the westbound lanes of Highway 417. The SO approached the railing, climbed over it with a leg, and took hold of one of the Complainant’s hands that was holding the highway sign along the upper edge. The officer pleaded with the Complainant to return to safety, to no avail. The Complainant stepped off the ledge and fell onto the highway below.

The Complainant was taken in ambulance from the scene to hospital and diagnosed with fractures of the spine and both heels.

Sections 219 and 221, Criminal Code -- Criminal negligence causing bodily harm

(a) in doing anything, or

(b) in omitting to do anything that it is his duty to do,

221 Every one who by criminal negligence causes bodily harm to another person is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years

On June 2, 2022, the Complainant fell from a bridge in Ottawa and suffered serious injuries as a consequence. As an OPP officer had tried to prevent him from falling, the SIU was notified of the incident and launched an investigation. The officer – 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 Complainant’s fall and injuries.

The offence that arises for consideration is criminal negligence causing bodily harm contrary to section 221 of the Criminal Code. The offence is reserved for serious cases of neglect that demonstrate a wanton or reckless disregard for the lives or safety of other persons. It is predicated, in part, on conduct that amounts to a marked and substantial departure from the level of care that a reasonable person would have exercised in the circumstances. In the instant case, the question is whether there was any want of care on the part of the SO, sufficiently egregious to attract criminal sanction, that caused or contributed to the Complainant’s fall. In my view, there was not.

The SO was lawfully placed and in the exercise of his duties throughout his engagement with the Complainant. A police officer’s foremost duty is the protection and preservation of life. Having received information of an individual repeatedly leaning and looking over a bridge railing, the SO was obliged to do what he could to prevent harm coming to the Complainant.

I am also satisfied that the officer comported himself with due regard for the Complainant’s well-being throughout their engagement. The officer was careful at all times not to provoke the Complainant. He exited his cruiser several metres south of the Complainant’s location on the bridge and approached him slowly and very deliberately, attempting all the while to reassure the Complainant. Even after the Complainant had climbed over the bridge railing and positioned himself on the outer face of a highway sign, the SO spoke to him at a distance for a couple of minutes before slowly making his way to his location to take physical hold of him. Given the Complainant’s perilous position, the officer acted reasonably in so doing, and at significant risk to his own safety with his body partially perched over the railing. By about this time, at the SO’s request that officers close westbound traffic on the highway, the WO was arriving to do just that. Within moments of the WO’s arrival, the Complainant dropped his weight from the ledge and fell from the bridge. There was little the SO could have done to prevent that given his tenuous hold of the Complainant’s hand and position over the railing. As the westbound left passing lane had been blocked off, the Complainant was not hit by passing traffic.

 
In the result, as it is evident on the aforementioned-record that the SO did not transgress 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: September 29, 2022

Electronically approved by

Joseph Martino
Director
Special Investigations Unit