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 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.

 
Number of SIU Forensic Investigators assigned: 2

 
Number of SIU Collision Reconstructionists assigned: 0

Affected Person (aka “Complainant”):

46-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 Interviewed
CW #9 Interviewed
CW #10 Interviewed
CW #11 Interviewed

The civilian witnesses were interviewed between April 18, 2023, and July 31, 2023.

Subject Official

SO Interviewed, but declined to submit notes, as is the subject official’s legal right

The subject official was interviewed on May 25, 2023.

Witness Officials

WO #1 Interviewed; notes received and reviewed
WO #2 Interviewed; notes received and reviewed

The witness officials were interviewed between April 17 and 18, 2023.

GPS Data - WO #1’s Police Vehicle

WO #1’s police vehicle reached a speed of 78 km/h westbound on Carling Avenue.

The officer travelled northbound on Kirkwood Avenue within a range of 71 km/h to 83 km/h.

WO #1’s speed was tracked at 69 km/h at 7:35 p.m. as he approached the intersection of Kirkwood Avenue and Richmond Road.

Video/Audio/Photographic Evidence [2]

Police Communications Recordings

At 7:25 p.m., April 15, 2023, an OPS Surveillance Team member reported seeing a drug transaction take place involving a grey Honda Civic. He advised other OPS members that the vehicle needed to be followed.

During the subsequent surveillance and attempts at pulling the vehicle over on Carling Avenue, it was reported that the vehicle had fled from police. Soon thereafter, one OPS member broadcast, “Be careful, we don’t have green to do a pursuit.” Another OPS member (believed to be the SO) said, “He just went through the lights. He’s going pretty fast. I’m going to call it off.” Another unidentified officer said, “It ain’t worth it man he’s gonna hit somebody…we’ll just pick him up again guys.” Again, a voice believed to be the SO said, “Let’s kill the lights guys and let these guys pick him up again.”

At 7:31 p.m., April 15, 2023, a 911 caller [later identified as CW #9] reported a hit and run at Kirkwood Avenue and Richmond Road. CW #9 requested an ambulance for a pedestrian [now known to be the Complainant] who was hit by a car and had gone airborne. The caller added that the Complainant was unconscious with blood on his head. His breathing was laboured and he appeared to have a knee injury. The vehicle that had hit the Complainant was a grey Honda Civic.

At 7:31 p.m., the SO advised the OPS communications centre that an ambulance was required for an injured person.

At 7:32 p.m., an unidentified member of the OPS reported, “He’s just hit somebody on Richmond.”

At 7:34 p.m., an employee of OC Transpo advised the OPS that a camera mounted in a bus had captured the entire accident.

Dashcam Footage – CW #3

Starting at about 6:29 p.m., [3] April 15, 2023, the recording began with CW #3’s vehicle stopped at a red light at the intersection of Kirkwood Avenue and Richmond Road. CW #3 was stopped behind a sedan. CW #3 was facing north in the left turn lane on Kirkwood Avenue.

Starting at about 6:29:55 p.m., a male [later identified as the Complainant] and a female [later identified as CW #1] were captured walking north on the east sidewalk of Kirkwood Avenue and stopping for the red light they were facing at Richmond Road.

Starting at about 6:30:17 p.m., the traffic light for northbound Kirkwood Avenue turned green. CW #3 began to drive forward and make a left turn onto westbound Richmond Road. The Complainant and CW #1 began to walk north across Richmond Road in the crosswalk on the east side of the intersection.

Starting at about 6:30:31 p.m., CW #3 stopped his vehicle after making the turn onto Richmond Road.

 

Dashcam Footage – CW #10

At 10:58:44 a.m. [4], CW #10 was driving west on Richmond Road approaching the intersection of Kirkwood Avenue. There were two males standing at the northeast corner at Richmond Road who appeared to be waiting to walk across Kirkwood Avenue from east to west. The traffic light for vehicles on Richmond Road was red. One of the males from the corner stepped from the sidewalk into the crosswalk and began to walk west across Kirkwood Avenue. The male stopped after taking a couple steps and appeared to be waiting for traffic.

At 10:58:53 a.m., a male and female [now known to be the Complainant and CW #1] were walking north in the east crosswalk from the south, crossing Richmond Road.

At 10:58:59 a.m., the Complainant and CW #1 had walked halfway across the eastbound lane of Richmond Road, the Complainant on CW #1’s left side. A dark sedan [now known to be a Honda] was driving north on Kirkwood Avenue and turned into the east crosswalk where the Complainant and CW #1 were walking. The Honda collided with the Complainant from behind and he was thrown onto the hood of the vehicle. The Complainant was thrown off the hood of the Honda landing on the sidewalk on the northeast corner of Richmond Road and Kirkwood Avenue. The Honda turned from the crosswalk into the northbound lane of Kirkwood Avenue and continued north on Kirkwood Avenue out of sight. The Honda did not stop at any time after striking the Complainant. No police vehicles were seen in the recording.

Video Footage - OC Transpo Bus

At 7:30:15 p.m., April 15, 2023, an OC Transpo bus was travelling north on Kirkwood Avenue approaching the intersection at Richmond Road. There was one left turn lane and one northbound through-lane. The traffic light was red for traffic on Kirkwood Avenue when the bus arrived at the intersection.

There were three vehicles stopped at the traffic light in the left turn lane ahead of the bus. There was a man [later identified as the Complainant] and a woman [now known to be CW #1] waiting on the southeast corner of Kirkwood Avenue and Richmond Road.

At 7:30:36 p.m., the traffic light turned green for Kirkwood Avenue traffic. The Complainant stepped into the crosswalk and began to cross Richmond Road from south to north. CW #1 was on the Complainant’s right side and began walking across Kirkwood Avenue.

At 7:30:42 p.m., a dark Honda passed the bus in the curb lane of Kirkwood Avenue.

At 7:30:43 p.m., the Honda turned to the right into the crosswalk of Kirkwood Avenue. The Complainant was walking north near the centre of Richmond Road at that point. The Honda collided with the Complainant from behind, launching him into the air. The Complainant landed hard on the northeast sidewalk. The Honda swerved back onto Kirkwood Avenue and continued north going between a man and a woman crossing Kirkwood Avenue. It then continued north on Kirkwood Avenue in the southbound lane.

At 7:30:59 p.m., the Honda continued north on Kirkwood Avenue from Richmond Road and made a left turn on an unknown street before going out of sight.

Video Footage - House of Pizza, 160 Richmond Road

At 7:30:39 p.m., April 15, 2023, the sound of screeching tires could be heard as a Honda entered the crosswalk at Kirkwood Avenue and Richmond Road. The Honda struck the Complainant from behind as he was walking through the intersection.

At 7:30:43 p.m., the Complainant was thrown onto the hood of the Honda and he flipped into the air landing headfirst on the concrete sidewalk on the northeast corner of that intersection.

The first and second OPS police vehicles [driven by the SO and WO #1] arrived at the intersection at 7:31:17 p.m., their emergency equipment not activated at the time.

Video Footage - City of Ottawa Traffic Cam - Northwest Corner of Kirkwood Avenue and Richmond Road

At 7:30:41 p.m., April 15, 2023, the Complainant was struck by the Honda.

At 7:31:12 p.m., the first OPS vehicle travelled into the intersection followed by a second OPS vehicle at 7:31:15 p.m.

At 7:35:03 p.m., Ottawa Fire Services arrived on scene, followed by paramedics at 7:38:06 p.m.

 

Video Footage - Canadian Bank Note Company, 145 Richmond Road

At 7:30:00 p.m., the video began with several vehicles stopped at a traffic light at Kirkwood Avenue and Richmond Road.

At 7:30:41 p.m., the traffic light for northbound traffic on Kirkwood Avenue changed to green and traffic moved from the traffic light in a northerly direction. A dark smaller sedan appeared to be driving erratically as it travelled north through the intersection. The small dark sedan continued north on Kirkwood Avenue. The dark sedan was not being followed by any police vehicles.

At 7:31:10 p.m., two marked police cruisers were at the intersection of Kirkwood Avenue and Richmond Road.

At 7:31:38 p.m., a marked police cruiser travelled north on Kirkwood Avenue in the direction the dark sedan had travelled. There were no emergency lights activated on that police cruiser.

Materials Obtained from Police Service

Upon request, the SIU obtained the following materials from the OPS between April 17 and 28, 2023:

• Computer-assisted dispatch details;
• GPS data downloaded from cruisers of the SO, WO #1 and WO #2;
• Policy – Apprehension Pursuits;
• Civilian Witness Statement Contact List;
• Civilian Witness Statements;
• Notes - WO 1;
• Notes - WO #2;
• Forensic photographs;
• Communications recordings;
• Custody video;
• Video footage - Best Western Hotel;
• Video footage - Farm Boy;
• Video footage - Ottawa Traffic Cameras;
• Dashcam video footage – CW #3;
• Dashcam video footage – CW #10; and
• Video footage - House of Pizza.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between April 18, 2023, and August 10, 2023:

• Video footage - Canadian Bank Note Company;
• Video footage - OC Transpo; and
• Preliminary Autopsy Findings Report and Post-mortem Report from the Coroner’s Office.

In the late afternoon of April 15, 2023, officers with the OPS NRT had identified the driver of a Honda Civic for arrest following a reported drug transaction. A member of the team, having observed the transaction, was following the Civic and broadcasting his location. Other members of the team, including the SO and WO #1, caught up with the Civic as it was stopped at a red light on Merivale Road waiting to make a left turn onto westbound Carling Avenue.

 
The driver of the Civic was CW #5. When the light turned green, CW #5 turned left and travelled a short distance to the next set of traffic control lights, again coming to a stop in the left turn lane. Within moments, a marked cruiser operated by WO #2, also a member of the NRT, travelled in front of the Civic and came to a stop blocking its path forward. Panicked, CW #5 hopped the curb of the centre median to his left, maneuvered around the cruiser, and continued westward at speed on Carling Avenue.

WO #1 and the SO, behind CW #5 in the left lane when WO #2 arrived, pursued the Civic on Carling Avenue with their emergency equipment activated. As they approached Kirkwood Avenue, the SO observed the Civic weaving around stopped traffic and directed the termination of the pursuit over the radio.

CW #5 turned to travel north on Kirkwood Avenue. He drove recklessly and at speed, blowing through red traffic lights and driving on the wrong side of the road. He entered the intersection of Richmond Road and veered slightly to the right onto the north-south crosswalk on the east side of Kirkwood Avenue, striking a northbound pedestrian, before correcting to the left and continuing past the intersection.
The pedestrian was the Complainant. He was walking northwards in the intersection, his wife by his side to the right, when he was struck. The impact propelled him airborne towards the northeast corner of the intersection.
Led by the SO, WO #1 and WO #2 had continued northwards on Kirkwood Avenue even after the Civic had disappeared from their field of vision. They came upon the site of the collision about 30 seconds after the Civic had struck the Complainant.

The Complainant was tended to at the scene by a passerby who was a physician and other first responders. He died in hospital on April 21, 2023, having never regained consciousness after being struck.

Cause of Death

The Report of Post-mortem Examination attributed the Complainant’s death to a major head injury.

320.13 (3) 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 the death of another person.

219 (1) Every one is criminally negligent who

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.

The offence that arises for consideration is dangerous driving causing death and criminal negligence causing death contrary to sections 320.13(3) and 220 of the Criminal Code. The former is based, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have observed in the circumstances. The latter 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 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 a want of care on the part of the SO, sufficiently egregious to attract criminal sanction, that caused or contributed to the collision. In my view, there was not.

The SO, WO #1 and WO #2 were within their rights in initiating a pursuit of CW #5’s Civic. They had reason to believe that CW #5 had just engaged in an illicit drug transaction.

 
I am also satisfied that the SO, WO #1 and WO #2 comported themselves with due care and regard for public safety throughout their engagement with the Civic. The officers activated their emergency equipment while accelerating after the Civic westbound on Carling Avenue. Their top speed – in the neighbourhood of 80 km/h – was moderate in the circumstances and did not unduly imperil traffic around them. Once it became clear that CW #5 was not going to stop, the SO, rightfully in my view, called an end to the pursuit. Thereafter, he and the other officers continued in the direction of the Civic north on Kirkwood Avenue, but were not close to the vehicle in distance or time when the collision occurred.

On the aforementioned-record, it is apparent that neither the SO nor WO #1 or WO #2, transgressed the limits of care in the course of a brief pursuit that was discontinued prior to the collision that tragically took the life of the Complainant. As such, there is no basis for proceeding with criminal charges in this case. The file is closed.


Date: January 26, 2024


Electronically approved by

Joseph Martino
Director
Special Investigations Unit