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 of a 17-year-old youth (the “Complainant”).

Notification of the SIU

On September 3, 2022, at 9:14 a.m., the Ontario Provincial Police (OPP) notified the SIU of an injury suffered in a vehicle collision with an OPP vehicle.

Reportedly, at approximately 4:30 a.m., on September 3, 2022, the York Regional Police (YRP) helicopter located a vehicle travelling approximately 200 km/h on Highway 401. The helicopter crew reported the situation to their communications centre and followed the vehicle from above. The vehicle stopped at a Circle K convenience store at Dean Park Road and Meadowvale Road in Scarborough. A YRP police vehicle pulled into the parking lot and saw there were four occupants inside the vehicle, all of whom were wearing masks. When the driver of the car saw the YRP cruiser, he sped off towards Highway 401.

OPP officers became involved on Highway 401 and tried to perform a rolling block but were unsuccessful. The subject vehicle sped away westbound on Highway 401 with three OPP vehicles following.

The vehicle exited the highway at Avenue Road and drove into a residential neighbourhood. It went down a dead-end street and then turned around to leave. The OPP arrived and blocked the street, and the vehicle collided with an OPP vehicle.

One of the occupants in the vehicle fled on foot. The other three remained and were apprehended. They all had minor injuries. The male youth who fled – the Complainant - eventually emerged from some bushes in medical distress. He was transported to hospital.

The scene was located at Tresillian Road, and Bombay Avenue, in Toronto.

The Scene

The neighbourhood where this collision occurred was residential and accessed via northbound Avenue Road, just north of Highway 401.

The neighbourhood was somewhat kidney shaped, divided into several streets running northbound and southbound, which intersected Bombay Avenue at their south ends and Sandringham Drive at their north ends.

The collision occurred just north of the intersection of Tresillian Road at Bombay Avenue. At that location the canopies of several large mature trees were overhead of the collision scene, such that they served to obscure any view of the collision scene from overhead.

A white Honda Accord was found somewhat on the east boulevard of Tresillian Road. It was oriented in a southerly direction. A marked OPP Ford Explorer was positioned in a north-easterly orientation, with the front end of the OPP vehicle in contact with the front end of the Honda Accord. Both vehicles had been destroyed by fire.

A tire mark identified on the roadway north of the collision was consistent with the Honda Accord travelling in the southbound lane and then turning into the northbound lane.

The OPP reported that a satchel containing an air pistol was recovered from the scene and turned over to the YRP, who were investigating an alleged robbery.




Figure 1 – Image of scene incident




Figure 2 – Frontal vehicle damage to Honda Accord




Figure 3 – Honda Accord vehicle damage

Scene Diagram

Physical Evidence

The airbag control module from the OPP vehicle operated by the SO was recovered from the vehicle by the TPS.

The YRP obtained the following items from the personal property of the involved youths and from the Honda Accord:

• An air pistol (recovered at scene by OPP);
• A wallet and Driver’s License of an uninvolved third party;
• A screwdriver;
• A number of electronic automobile key fobs;
• An AutoProPAD BASIC key programmer (used to program electronic automotive keys); [2]
• A folding knife;
• Currency and numerous prepaid credit cards;
• Clothing;
• Cellular telephones; and
• An HMKIS Diamond Selector (diamond authentication) device.

Forensic Evidence

GPS Data

There were two sets of data that were generated by OPP vehicles: MPSGate data and GPSGate data. One set of data was recorded on the mobile workstation inside the vehicle, while the other set of data was transmitted to the OPP communications centre, as a fleet management and officer safety measure.

The MPSGate data recorded one data point on Tresillian Road. At 4:00:27 a.m., the vehicle operated by the SO was travelling northbound on Tresillian Road at 45 km/h.

The GPSGate data recorded additional points of data on Tresillian Road. At 4:00:26 a.m., data point 147 indicated the SO had just turned onto Tresillian Road and was travelling at 37 km/h at a heading of 308 degrees (northwest). Data point 148 indicated he was then travelling at 75 km/h northbound. The next data point, 149, showed his vehicle at a stop.

Expert Evidence

Collision Reconstructionist Report

The SIU arranged, through the OPP, to have a retired OPP collision reconstructionist who operated Crash Data Specialists examine the damaged airbag control module from the vehicle operated by the SO. The reconstructionist conducted the examination on December 5, 2022. The crash data obtained from the module indicated the following:

• Five seconds prior to the collision, the SO was travelling 23 km/h as he steered sharply to the right, consistent with him turning from Bombay Avenue onto Tresillian Road;
• Four seconds prior to the collision, the SO reduced his turning and was travelling at 29 km/h;
• Three seconds prior to the collision, the SO was travelling at 42 km/h with little to no steering input;
• Two seconds prior to the collision, the SO was travelling 50 km/h and he steered slightly to the right;
• One second prior to the collision, the SO steered sharply to the right; and
• At the time of the collision, the SO was travelling 26 km/h and steering slightly to the left.

No airbag control module data were available from the Honda Accord.

The SIU Collision Reconstructionist determined the collision damage to the front of both the OPP vehicle and the Honda Accord was moderate. He determined that prior to the collision the Honda Accord had been travelling westbound on Sandringham Drive and rounded the bend onto southbound Tresillian Road.

The SO drove westbound on Bombay Avenue, turned right onto Tresillian Road, and began to accelerate normally.

Two seconds prior to the collision, the SO applied his brakes and began to steer to the right.

Video/Audio/Photographic Evidence [3]

The SIU reviewed the video recordings from the YRP helicopter, Air2, as well as video recordings from surveillance systems owned by homeowners in the area of the collision.

The video recording from YRP Air2 served to document the unsafe way the Honda Accord was operated. It also documented the efforts of the OPP to establish a rolling block on Highway 401. Unfortunately, at the location of the collision, the view of the street from overhead was obstructed by tree foliage.

Video recordings from residences in the area of the collision were reviewed. The video recording from residence #1 was the most useful in understanding the events. It is summarized below.

YRP Air2 Video Recording

At 3:05 a.m. on September 3, 2022, the police officer in Air2 reported he was observing a possible impaired driver. He was travelling eastbound on Highway 407 at approximately 200 km/h and had almost collided with another vehicle. The vehicle [a white Honda Accord] then exited the highway into Scarborough and drove along streets at high speeds. The police officer in Air2 reported the driver was subject to arrest for ‘Dangerous Operation’ given that he was travelling at twice the speed limit and was passing very closely to vehicles.

At 3:19 a.m., the Honda pulled into a plaza at 30 Dean Park Road in Scarborough and the four occupants exited the vehicle and started to walk towards the entrance of a convenience store. As they arrived at the entrance to the store, they turned and then ran back to the vehicle.

The Honda was then recorded travelling at high speed through Scarborough. The police officer in Air2 reported the vehicle failed to stop for a red traffic light at Sheppard Avenue and was travelling at a speed of approximately 185 km/h. The vehicle travelled through residential areas and continued to travel at high speeds.

At 3:27 a.m., the Honda entered the westbound lanes of Highway 401. The police officer in Air2 asked that the OPP be notified. He reported the vehicle was travelling at speeds up to 200 km/h. Other YRP officers were authorized by the YRP duty inspector to assist Air2 in attempting to resolve the situation.

The Honda exited the highway at Markham Road and then re-entered Highway 401 and travelled eastbound. A police officer in a patrol vehicle reported the vehicle was a white Honda Accord.

The Honda exited Highway 401 at Whites Road and the police officer in Air2 requested that they be relieved by the Durham Regional Police Service (DRPS) helicopter, Air1. The Honda then re-entered the westbound lanes of Highway 401.

The police officer in Air2 suggested police officers further to the west might consider deploying tire deflation devices, but the YRP duty inspector forbid such a measure.

At 3:53 a.m., the police officer in Air2 reported he observed OPP vehicles travelling westbound past Neilson Road. At 3:54 a.m., the OPP communications system and the YRP communications were patched together. It was reported that the vehicle had travelled westbound past Kennedy Road at approximately 170 km/h.

At 3:57 a.m., the police officer in Air2 advised the OPP officers that the occupants of the vehicle had been preparing to conduct a commercial robbery, so the OPP should use caution.

At 3:58 a.m., the white Honda Accord slowed as it approached traffic that had been slowed by OPP officers conducting a traffic blockage up ahead. The Honda Accord travelled towards the right shoulder of Highway 401 and drove around the slowed traffic and the OPP vehicles. The three OPP vehicles then pursued the Honda Accord.

At 3:59 a.m., the Honda Accord exited onto northbound Avenue Road. The vehicle then turned westbound onto Bombay Avenue. The vehicle turned northbound onto Ridley Boulevard (the street east of Tresillian Road) and travelled northbound to Sandringham Drive, where it turned westbound. Sandringham Drive curved to the south and became Tresillian Road. The Honda travelled around the curve onto Tresillian Road. It was in the southbound side of the roadway but, as the SO turned onto Tresillian Road and started to travel northbound, the Honda travelled drove into the northbound lanes.

The impact between the Honda Accord and the vehicle operated by the SO occurred under a canopy of mature trees, and the recording did not document the collision.

Police Communications Recordings

The communications recordings provided by the YRP were consistent with the video recordings from YRP Air2.

Once the four youths exited the vehicle at the convenience store on Dean Park Road, YRP vehicle reported he had observed the subject vehicle occupants at a convenience store in the area of Dean Park Road, and he believed the occupants were about to commit a robbery.

At 19:42 minutes into the recording, the YRP communications were linked with the OPP dispatch channel so the police officers from each service could communicate.

With respect to the OPP communications recordings, they commenced when the YRP telephoned the OPP to alert them to the situation. The YRP reported the subject Honda had been travelling 200 km/h and the occupants had possibly intended to commit a robbery. It was reported the vehicle occupants were wearing masks, could be armed and were arrestable for dangerous operation of a motor vehicle. The YRP reported a tire deflation device had been deployed and one tire on the Honda had been damaged. The YRP were following the vehicle but were not pursuing it.

An OPP officer in Whitby was dispatched to assist the YRP on Highway 401. The OPP dispatcher advised officers the occupants were wearing masks, were suspected of being involved in a robbery and were possibly armed and dangerous.

When the Honda Accord was later reported to be travelling westbound into Toronto, the SO asked the dispatcher to add him to the call. The SO organized a slow “rolling block” on Highway 401.

An OPP officer reported he had the Honda in sight at Markham Road. A male voice consistent with the SO instructed, “Don’t light him up, we’re doing a slow rolling block ahead of you.”

A male police officer reported a speed of 30 km/h and a female police officer [WO #3] then reported the Honda just “blew by” her. She provided a licence plate number for the Honda. The SO ordered, “Light it up.”

Once the Honda Accord exited the highway, a male police officer reported the Honda was northbound on Ridley Boulevard approaching Sandringham Drive. A male police officer then reported the Honda had crashed and multiple persons were fleeing on foot.

The SO later spoke to the OPP communication centre by telephone. He advised it had been his vehicle involved in the collision. He explained, “They were coming down the street and head-on collision.” He said he had a wrist injury and neck and head pain and would be going to the hospital.

The TPS communications recording documented the YRP advising the TPS of the ongoing situation involving the Honda Accord in the area of Dean Park Road. No TPS officers responded to the call. Once the Honda Accord re-entered Highway 401, the YRP advised they would be contacting the OPP.

At 4:08 a.m., a woman from her residence called the TPS to report a collision and fire involving a police vehicle.

Video Recording from residence #1

A security camera recording provided by a man recorded the white Honda Accord speeding southbound past his driveway at 4:00:26 a.m. The SO’s OPP vehicle appeared to have rounded the corner onto Tresillian Road from Bombay Avenue. As the white Honda Accord moved over to the northbound side of the roadway, the SO’s vehicle moved to the right (eastward) into the path of the oncoming Honda Accord. The vehicles then collided.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the OPP between September 8, 2022, and October 19, 2022:

• A copy of the related radio and telephone communications:
• GPS data for the OPP vehicle involved in the collision;
• Scene photos;
• A General Occurrence Report;
• A vehicle damage report;
• Witness official notebook entries;
• Security camera recordings from residence #1; and
• Cellular telephone recording from residence (x2)

From the YRP, the SIU received the following between September 8, 2022, and November 24, 2022:

• Versadex Report;
• Officer involvement summary;
• Notebook entries of designated witness officials;
• Communications recordings;
• Scene and recovered property photographs;
• In-car camera system recordings; and
• Recordings from the YRP helicopter Air2.

From the Toronto Police Service, the SIU received the following between September 12, 2022, and September 22, 2022:

• A Motor Vehicle Accident Report;
• Notebook entries of Inspector;
• Communications recordings; and
• Scene photographs.

Materials Obtained from Other Sources

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

• Cellular telephone recording from a civilian witness;
• Security camera recordings from residences (x3)
• Security camera recordings and photographs from CW #5.

The SIU also received a Sunnybrook Health Sciences Centre Discharge Summary from the Complainant’s lawyer.

The evidence collected by the SIU, including interviews with police and civilian eyewitnesses, and video footage that captured the incident in parts, gives rise to the following scenario. As was his legal right, the SO did not agree an interview with the SIU or the release of his notes.

Section 320.13, Criminal Code – Dangerous operation causing bodily harm

The Complainant suffered a serious injury in a motor vehicle collision with an OPP cruiser on September 3, 2022. The driver of the cruiser – the SO – was identified as the subject official in the ensuing SIU investigation. 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.