Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault. The Unit’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the Police Services Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether an officer has committed a criminal offence in connection with the incident under investigation. If, after an investigation, there are reasonable grounds to believe that an offence was committed, the Director has the authority to lay a criminal charge against the officer. Alternatively, in all cases where no reasonable grounds exist, the Director does not lay criminal charges but files a report with the Attorney General communicating the results of an investigation.

Freedom of Information and Protection of Personal Privacy Act (“FIPPA”)

Pursuant to section 14 of FIPPA (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 whose release 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 of FIPPA (i.e., personal privacy), protected personal information is not included in this document. This information may include, but is not limited to, the following:

• subject officer name(s)
• witness officer name(s)
• civilian witness name(s)
• 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 (“PHIPA”)

Pursuant to PHIPA, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may have also 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.

The Unit’s investigative jurisdiction is limited to those incidents where there is a serious injury (including sexual assault allegations) or death in cases involving the police.

“Serious injuries” shall include those that are likely to interfere with the health or comfort of the victim and are more than merely transient or trifling in nature and will include serious injury resulting from sexual assault. “Serious Injury” shall initially be presumed when the victim is admitted to hospital, suffers a fracture to a limb, rib or vertebrae or to the skull, suffers burns to a major portion of the body or loses any portion of the body or suffers loss of vision or hearing, or alleges sexual assault. Where a prolonged delay is likely before the seriousness of the injury can be assessed, the Unit should be notified so that it can monitor the situation and decide on the extent of its involvement.

This report relates to the SIU’s investigation into the death of a 49-year-old man during his arrest on December 15, 2016 for impaired driving.

Notification of the SIU

At 4:30 p.m. on December 15, 2016, the Ontario Provincial Police (OPP) North Bay Detachment notified the SIU of the death of the Complainant.

The OPP reported that North Bay OPP officers had stopped a vehicle in the vicinity of Highway 17 and Highway 531 after receiving complaints of a suspected impaired driver. The driver of the vehicle was the Complainant. He exited his vehicle and was arrested for impaired driving. He was placed into the rear of an OPP cruiser. He went into medical distress and Emergency Medical Services (EMS) were notified. The OPP officer drove a short distance and met up with the EMS where the Complainant went Vital Signs Absent (VSA).

He was pronounced deceased at 4:15 p.m. at the hospital.

The Team

Number of SIU Investigators assigned: 2

Number of SIU Forensic Investigators assigned: 1

SIU Forensic Investigators responded to the scene and identified and preserved evidence. They documented the relevant scenes associated with the incident by way of notes, video and photography. The Forensic Investigators attended and recorded the post-mortem examination and assisted in making submissions to the Centre of Forensic Sciences (CFS).

Complainant:

49-year-old male, deceased

Civilian Witnesses

CW #1  Interviewed

CW #2  Interviewed

CW #3  Interviewed

CW #4  Interviewed

CW #5  Interviewed

Witness Officers

WO Interviewed

Subject Officers

SO Interviewed, and notes received and reviewed.

The Scene

Highway 17 is a two lane, paved and marked roadway with one lane eastbound and one lane westbound. The scene of this arrest was on the westbound portion of Highway 17, just east of Highway 531. The posted speed on both highways is 90 km/h. At the time of this incident, road, weather and traffic conditions were ideal. Roads were bare and dry. It is a rural area with no residential or commercial properties anywhere in close proximity to the scene of the arrest.

The Complainant went VSA while under arrest and being transported in the back of a fully marked OPP Ford Crown Victoria being operated by the SO.

Expert Evidence

Post-Mortem Examination-Preliminary

A post-mortem examination was conducted on December 16, 2016. At that time, the forensic pathologist reported that there was scar tissue on the heart indicating previous mild coronary attacks. He also found that the main artery to the heart was 90% occluded. The forensic pathologist at that time reported the suspected cause of death as “Severe Coronary Artery Disease, pending exclusionary toxicology”.

Post-Mortem Examination-Conclusion

On March 7, 2017, the SIU received the final post-mortem report with respect to the Complainant. The report listed no injuries and the cause of death as “Acute Fentanyl and Cocaine Intoxification in a man with Chronic Ischemic Heart Disease”.

Communications Recordings

The OPP communication recordings were reviewed and were consistent with the recollection of events as described by all civilian and police witnesses.

Forensic Evidence

Biological samples taken at the post-mortem were submitted to CFS for examination. Analysis of the femoral blood showed a fatal blood fentanyl concentration of 25 ng/ml[1].

Analysis of the femoral blood also showed amounts of cocaine and benzoylecgonine which is an inactive breakdown of cocaine in the body. The amounts were consistent with recreational use. No ethanol was detected in the analysis.

Materials obtained from Police Service

Upon request the SIU obtained and reviewed the following materials and documents from the OPP:

• Call Details Report
• Criminal Name Index – the Complainant
• Communications recordings
• Communications Playlist
• Dispatch Playlist
• Event Details
• Notes of the WO
• Occurrence (Person)
• Cautions / Flags - the Complainant
• Video statement of CW #2
• Training Record – the WO, and
• Training Record – the SO

During the afternoon of December 15, 2016, CW #2 was driving on Highway 17 east of North Bay. She called 911 after observing the Complainant crossing the centre line, and driving erratically and with widely fluctuating speeds.

The SO responded to the call and located the Complainant. The SO also observed the Complainant cross the centre line while driving, and initiated a stop to investigate the Complainant for impaired driving.

When the Complainant exited his vehicle, his behaviour indicated that he was impaired by some substance, although the SO could not detect any presence of alcohol. A white powder residue and some burnt tin foil, however, were seen on the centre console. The SO arrested the Complainant for operating a motor vehicle while impaired by drugs, handcuffed him and placed him into the rear of his police cruiser. Upon being arrested, the Complainant became very angry and agitated.

Within minutes, the Complainant lost consciousness. An ambulance was called, but the Complainant was VSA. He was pronounced dead at 4:15 p.m.

Section 253, Criminal Code - Operation while impaired

253 (1) Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

1. while the person’s ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or
2. having consumed alcohol in such a quantity that the concentration in the person’s blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood

On December 15, 2016 at approximately 2:42 p.m., the SO was on patrol when he responded to a call for a possible impaired driver on Highway 17 east of North Bay. Information received by the 911 call taker indicated that a civilian motorist had observed a motor vehicle being operated erratically, crossing over the centre line and with speed fluctuations between 60 to 90 km/h. As a result, the SO drove east on Highway 17 until he observed the reported motor vehicle driving westbound. The SO then made a U-turn and followed the vehicle for one kilometre during which he observed the vehicle to cross the centre line on two occasions. The SO activated his emergency lighting equipment and stopped the motor vehicle, which pulled over to the north shoulder. The SO stopped his police cruiser directly behind the Complainant.

The Complainant exited his motor vehicle; he had his head down, was moving very slowly, had great difficulty producing his driver’s licence, fumbled with papers and credit cards, had difficulty answering questions and was very confused about where he had been going or where he was coming from. The SO did not detect any indications that the Complainant was under the influence of alcohol, but he observed a white powder residue and some burnt tin foil on the centre console of the Complainant’s motor vehicle and believed he had reasonable grounds to arrest the Complainant for operating a motor vehicle while impaired by drugs contrary to the Criminal Code. The SO arrested the Complainant, handcuffed him and placed him into the rear of his police cruiser. When the Complainant was advised of his arrest, he became very angry, clenched his fists and began to protest loudly; he also began breathing very rapidly while huffing and snorting.

Prior to the SO having left the scene, the Complainant suddenly threw his head back, became very pale, his eyelids fluttered, his eyes rolled back and he lost consciousness. The SO immediately called for an ambulance and drove to meet the ambulance en route, with all of his emergency equipment activated. The SO met up with the ambulance, which was being followed by the WO, and when he went to assist the Complainant, he found him to be VSA in the back of his police cruiser. He and the WO immediately initiated cardio pulmonary resuscitation (CPR) and the Complainant was transported to hospital where he was pronounced dead at 4:15 p.m.

A post mortem was carried out on the body of the Complainant and the cause of death was listed as “Acute Fentanyl and Cocaine intoxication in a man with Chronic Ischemic Heart Disease”; the post mortem report also concluded that the Complainant had scar tissue on his heart indicative of prior mild coronary attacks and the main artery to his heart was 90% occluded.

On all of the evidence, it is clear that the Complainant died due to causes totally unrelated to the actions of the SO and that the SO was acting lawfully when he stopped an erratic and potentially impaired driver and took him into custody. Unfortunately, the drugs in the system of the Complainant which caused his impairment were the same drugs that were a significant factor in his death. Frankly, the SO’s intervention and arrest of the Complainant may have prevented a collision that could have harmed or killed other motorists. While the death of the Complainant was tragic, there is absolutely no causal connection between the actions of the SO and the death of the Complainant. On the contrary, on all of the evidence, it appears that the SO did everything within his power to attempt to save the life of the Complainant; he immediately called for an ambulance, he rushed the Complainant to the ambulance in order to save crucial time and he initiated life saving techniques on the Complainant, all, unfortunately, to no avail.

On all of the evidence, there are no reasonable grounds here to believe that any criminal offence has been committed and no basis for the laying of charges.

Date: October 10, 2017

Original signed by

Tony Loparco
Director
Special Investigations Unit

Endnotes

• 1) [1] Respiratory depression can occur with fentanyl concentrations of 2-5 ng/ml. Therapeutic administrations in surgical patients is from 1-3 ng/ml with supportive respiratory care. [Back to text]