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 serious injury suffered by a 32-year-old female on May 14, 2016 at approximately 3:00 a.m., discovered following her arrest for fleeing the scene of a motor vehicle collision.

Notification of the SIU

The SIU was notified of the custody injury of the Complainant by York Regional Police (YRP) on May 14, 2016 at 9:18 a.m. YRP notified the SIU that the Complainant had been arrested at 3:00 a.m., after she fled from the scene of a motor vehicle collision. An ambulance was summoned but the Complainant refused to co-operate with the paramedics. She was then transported to the police station. At 8:55 a.m., she complained of pain in her left elbow and was taken to hospital. An examination at the hospital revealed that she had a fractured right elbow.

The Team

Number of SIU Investigators assigned: 3

Complainant:

32-year-old female interviewed, medical records obtained and reviewed

Civilian Witnesses

CW #1 Interviewed

CW #2 Interviewed

Witness Officers

WO #1 Interviewed

WO #2 Interviewed

WO #3 Interviewed

WO #4 Notes reviewed, interview deemed not necessary

WO #5 Notes reviewed, interview deemed not necessary

Additionally, the notes from two other officers were received and reviewed.

Subject Officer

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

Materials obtained from Police Service

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

• notes of WO #1, #2, #3, #4 and #5,
• notes from two non-designated officers, and
• report-duty inspector.

On May 14^th, 2016, at approximately 2:53 a.m., the SO responded to a call for a suspected impaired driver in the area of Carrick Avenue in Keswick, and was subsequently advised that the female had been involved in a motor vehicle collision and was leaving the scene of the collision in a taxi. The 911 caller was able to provide a partial licence plate for the taxi. At approximately 2:56 a.m., the SO initiated a traffic stop for a taxi traveling on Carrick Avenue. The Complainant was sitting in the passenger seat of the taxi.

The SO spoke with the Complainant, who was clearly intoxicated at the time. The Complainant stepped out of the taxi and fled northbound on Carrick Avenue on foot. She then fell, face first, onto the asphalt roadway.

The SO approached the Complainant to arrest her. WO #1 arrived at the scene and assisted the SO in handcuffing the Complainant. An ambulance was summoned because of the Complainant’s fall, and arrived at the scene. The Complainant, however, refused any medical treatment and did not disclose any injury. After the Complainant was transported to the police station, paramedics again attempted to examine the Complainant. She again refused medical treatment and did not disclose any injury.

The next morning, the Complainant complained of pain in her right elbow. The Complainant was taken to hospital where she was diagnosed with a non-displaced intra articular fracture involving the proximal radial head (fracture to a bone of the right elbow).

On May 14^th, 2016, at approximately 2:53 a.m., the SO responded to a call for a suspected impaired driver in the area of Carrick Avenue, Keswick in the Town of Georgina. Shortly thereafter, the Complainant was arrested by the SO and it is alleged that during the course of the Complainant’s interaction with police, she sustained a non-displaced intra articular fracture involving the proximal radial head (fracture to a bone of the right elbow).

CW #1 had called 911 regarding the Complainant’s behaviour, and provided police with a partial licence plate for the taxi she left the scene in. In her statement to the SIU, the Complainant declined to comment on whether or not she had consumed any alcohol prior to this incident. Her reluctance to give a full and frank account affects my ability to rely on (and in some instances believe) her version of events.

CW #2 was the taxi driver. CW #2 described the Complainant’s arrest by the SO. At no time did CW #2 hear the Complainant complain of any injury, nor did he see any officer strike, punch or kick the Complainant.

On the evidence of the two independent civilian witnesses, it is clear that the Complainant was well under the influence of alcohol. This conclusion finds further support from the evidence that the Complainant had no recollection of being taken to the ambulance, nor of paramedics attempting to assess her, nor that she grabbed the penis of one of the paramedics after having arrived at the station, nor of sleeping in the cell with her breast and midriff exposed.

The only portion of the Complainant’s statement that can be given any credence at all is where her recollection is specifically confirmed by the observations of CW #2. The remainder of her evidence is directly contradicted by CW #2, a totally independent witness. As such, the reliability and credibility of the Complainant’s account of the incident, who was apparently intoxicated at the time, cannot overcome the evidence of CW #2, a sober and completely independent witness. In fact, her allegations of an excessive use of force by the SO are completely undermined and discredited by the evidence of CW #2, whose account of the incident is corroborated by both the medical evidence and the statements of the police witnesses and CW #1.

I find it unnecessary to detail the statements of the SO and the other officers who dealt with the Complainant on the morning of May 14^th, 2016, other than to say that the evidence of CW #2 corroborates the officers’ version of events and contradicts the version proffered by the Complainant.

On a review of all of the evidence, but with specific emphasis on the evidence of the two impartial and sober civilian witnesses, I find that there is no credible evidence to support the Complainant’s contention that the SO used excessive force and thereby caused her injury.

Thus, I find on the record before me that the statement from the Complainant falls far short of the standard of reasonable grounds to believe that an offence of assault or assault causing bodily harm has been committed.

In sum, I find that the Complainant exited the taxi van and fled of her own free will in order to evade police and that in attempting to do so she lost her balance and fell and thereby likely fractured her elbow. I find that no police officer had any hand in the Complainant’s injury and that no officer used any force against the Complainant whatsoever, other than to handcuff her, lift her up and escort her to the ambulance. On this basis, I am unable to find that there is any credible evidence which would suffice as a foundation for the laying of criminal charges.

Date: September 5, 2017

Original signed by
Tony Loparco
Director
Special Investigations Unit