SIU Director’s Report - Case # 23-PCD-022

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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.

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 section 14 (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.

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 death of a 31-year-old man (the “Complainant”).

The Investigation

Notification of the SIU [1]

On January 19, 2023, at 12:18 p.m., the Ontario Provincial Police (OPP) notified the SIU of the Complainant’s death.

According to the OPP, at 10:47 a.m., OPP officers responded to the Eagle Lake Road overpass at Highway 11 for a male thinking of suicide, the Complainant. His mother – Civilian Witness (CW) #9 – had called 911 to advise that her son was going to attempt to die by suicide. She advised that he had gone to the bridge to jump and that his father, CW #8, had gone to stop him. The Subject Official (SO) arrived on scene and engaged verbally with the Complainant, who then jumped backwards onto the roadway below. The Complainant had passed away from the fall.

The Team

Date and time team dispatched: 01/19/2023 at 1:24 p.m.

Date and time SIU arrived on scene: 01/19/2023 at 3:40 p.m.

Number of SIU Investigators assigned: 4
 
Number of SIU Forensic Investigators assigned: 3

Affected Person (aka “Complainant”):

31-year-old male; deceased

Civilian Witnesses (CW)

CW #1 Interviewed
CW #2 Interviewed
CW #3 Interviewed
CW #4 Interviewed
CW #5 Interviewed
CW #6 Interviewed
CW #7 Interviewed
CW #8 Declined an interview; next-of-kin
CW #9 Not interviewed; next-of-kin

The civilian witnesses were interviewed between January 21 and January 26, 2023.

Subject Official (SO)

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

Evidence

The Scene

The incident took place on the Eagle Lake Road overpass at Highway 11.

Eagle Lake Road was a two-lane asphalt surface that ran in a north/south direction above Highway 11. The overpass had a solid concrete guard rail on both sides.

The distance from the concrete and metal barrier of the Eagle Lake Road overpass to the northbound lanes of Highway 11 was 10.34 metres.

Upon the arrival of the SIU, the Complainant lay deceased on the Highway 11 roadway, with orange pylons placed southwest of him to protect physical evidence.

Video/Audio/Photographic Evidence [2]

The SIU was provided a copy of the pertinent radio and 911 communications from the OPP Almaguin Highlands Detachment on January 20, 2023.
 

911 Call

On January 19, 2023, at 10:47:12 a.m., a 911 dispatcher attempted to contact a caller who had hung-up [now known to be CW #9]. CW #9 reported that her son - the Complainant - told her he was going to attempt to die by suicide by jumping off the Eagle Lake Road overpass. She requested that police attend her residence. CW #9’s husband - CW #8 – had earlier found the Complainant at the Eagle Lake Road overpass, intoxicated, and brought him home. CW #9 provided information about the Complainant’s mental health. The dispatcher informed CW #9 the police were on the way and to call back to 911 if the Complainant left the house.

Radio Communications

On January 19, 2023, at 10:52:07 a.m., the dispatcher broadcast a request that a police officer attend a ‘suicide threat’ call for service. CW #9 had reported her son was intoxicated and had threatened to jump off the Eagle Lake Road overpass.

The SO confirmed he received the information about the call.

At about 11:03 a.m., the SO subsequently alerted the dispatcher he was standing at the end of the bridge, and the Complainant was at the edge of the overpass. An ambulance was requested to be put on standby.

At about 11:06 a.m., the SO reported the Complainant had jumped from the overpass onto the northbound lanes of Highway 11. A police officer indicated he would shut down the highway.

The SO reported he had started cardiopulmonary resuscitation (CPR) and provided information about the Complainant’s injuries.

Fire Services and Emergency Medical Services (EMS) subsequently arrived.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the OPP, Almaguin Highlands Detachment, between January 20 and January 31, 2023:
  • Event Details;
  • Communications recordings;
  • General Report;
  • Homicide Sudden Death Report;
  • The Complainant - OPP Occurrences;
  • Notes - SO; and
  • List of After the Fact Witnesses.

Materials Obtained from Other Sources

The SIU obtained and reviewed the following records from other sources:
  • Notes from CW #2; and
  • Preliminary Autopsy Report from the Ontario Forensic Pathology Service.

Incident Narrative

In the morning of January 19, 2023, the Complainant’s mother called 911 concerned about her son. Earlier that day, the Complainant had attended at the Eagle Lake Road overpass at Highway 11 with the intention of jumping from the bridge. His father had intervened and managed to bring him back home, but the Complainant continued to talk about harming himself. The SO was dispatched to the address.

The Complainant had struggled with his mental health and had thoughts of suicide. He had left the home a second time before the arrival of the police, again heading to the Eagle Lake Road overpass.

Arriving at the Complainant’s home and advised by the family that the Complainant had left for the bridge, the SO set off in his cruiser for the overpass. The Complainant’s father – CW #8 - accompanied the officer in his vehicle. They arrived to find the Complainant by the overpass guardrail over the northern lanes of Highway 11.

CW #8 and the SO parked their vehicles on the overpass and exited. CW #8 pled with the Complainant to step away from the guard rail. From a distance, the officer attempted to communicate with the Complainant. The Complainant was largely unresponsive to the officer. Within minutes of their arrival, the Complainant, while sitting on the guard rail facing Eagle Lake Road, pushed himself backwards off the overpass.

CW #8 and the SO ran down the embankment at the northeast corner of the bridge to the northbound lanes of Highway 11 below. The Complainant had sustained catastrophic injuries on impact with the ground. The officer administered CPR. Fire Services and EMS arrived on scene and assumed carriage of the Complainant’s care. He was pronounced deceased at about 11:18 a.m.

Cause of Death

The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to multiple blunt impact trauma.

Relevant Legislation

Sections 219 and 220, Criminal Code -- Criminal Negligence Causing Death

219 (1) Every one is criminally negligent who
(a) in doing anything, or
(b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.

(2) For the purposes of this section, duty means a duty imposed by law.

220 Every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
(b) in any other case, to imprisonment for life.

Analysis and Director's Decision

The Complainant passed away on January 19, 2023, the result of a fall from a roadway overpass. As an OPP officer had been on scene at the time of the fall, the SIU was notified and initiated 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 death.

Section 220 of the Criminal Code sets out the offence of criminal negligence causing death. 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, there is no evidence of any want of care on the part of the SO, causing or contributing to the Complainant’s death, that would attract criminal sanction. The officer arrived on the bridge quickly, attempted to communicate with the Complainant from a comfortable distance so as not to provoke any rash behaviour, called for an ambulance to stage nearby, and immediately rendered CPR after the fall. Regrettably, the Complainant seemed intent on dying by suicide that day, and left the SO, and his father, little opportunity to prevent that from happening.

In the result, as there are no reasonable grounds to conclude that the SO transgressed the limits of care prescribed by the criminal law in his brief engagement with the Complainant, there is no basis for proceeding with criminal charges in this case. The file is closed.


Date: May 18, 2023

Electronically approved by

Joseph Martino
Director
Special Investigations Unit

Endnotes

  • 1) The information in this section reflects the information received by the SIU at the time of notification and does not necessarily reflect the SIU’s finding of facts following its investigation. [Back to text]
  • 2) 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.