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.

This report relates to the SIU’s investigation of an incident that took place involving York Regional Police (YRP) on August 15, 2016 shortly after 4:00 a.m. The complainant jumped off the Major McKenzie Drive overpass onto the northbound lanes of Highway 400. The complainant was pronounced deceased at the scene.

Notification of the SIU

The SIU was notified of the incident by YRP on August 15, 2016 at 4:37 a.m.

The Team

Number of SIU Investigators assigned: 5

Number of SIU Forensic Investigators assigned: 3

Complainant

49-year-old male, deceased

Civilian Witnesses

CW #1  Next of Kin, not interviewed

CW #2  Interviewed

CW #3  Interviewed

CW #4  Interviewed

CW #5  Interviewed

CW #6  Interviewed

Witness Officers

WO #1  Interviewed

Subject Officers

SO #1  Declined interview, as is a subject officer’s legal right. Notes received and reviewed.

The Scene

The incident took place on the Major Mackenzie Drive overpass over Highway 400 in Vaughan.

Video/Audio/Photographic Evidence

The SIU canvassed the area for any video or audio recordings, and photographic evidence, but was not able locate any.

Communications Recordings

The 911 communications records were collected and reviewed.

Postmortem Examination

The Report of the Postmortem Examination indicated that the cause of the complainant’s death was “blunt force and crushing injuries”, consistent with “descent from a height and being struck by a vehicle.”

Materials obtained from York Regional Police Service

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

• CAD CH16-220292,
• CAD CH16-220294,
• Detailed call summary report,
• Duty roster C platoon-Aug 14, 2016,
• General occurrence report 2016-220292,
• WO notes;
• Procedure (command directive) LE 013 emotionally disturbed persons, and
• Summary call history.

On August 15, 2016, between 3:30 a.m. and 4:04 a.m., several civilian motorists observed the complainant standing on the Major Mackenzie Drive overpass of Highway 400 in the City of Vaughan. Two motorists passing by called 911 reporting that they believed the complainant on the bridge was going to jump off the overpass into traffic. At 4:06 a.m., the SO received a radio call for a suicide attempt on Major Mackenzie Drive at Highway 400.

The SO immediately attended and observed the complainant who was standing on the north side of the overpass. The SO stopped his marked police cruiser about 12 metres from the complainant and did not activate any emergency equipment as he did not wish to scare or startle the complainant. The SO stood at the front of his cruiser, keeping a safe distance between himself and the complainant. The complainant turned to face the SO, but did not say anything, or make any movements. The SO then called out to the complainant, “Hey.” Before he could say or do anything more, the complainant looked at the SO, turned to the ledge of the bridge, and climbed on top of it. The SO shouted, “No, no, don’t jump”; however, the complainant jumped off of the bridge into oncoming traffic. The SO went to the ledge to see where the complainant had landed, heard a loud crash and observed a motor vehicle push the complainant’s body along the roadway and then come to a stop. The SO advised dispatch that the complainant had been struck by a vehicle and requested urgent Emergency Medical Services to attend the scene.

CW #3 was operating his motor vehicle at a speed between 105-110 km/h northbound in the curb lane of Highway 400. As he passed under the Major Mackenzie Drive overpass, he observed something in the middle of his lane about 15 to 23 metres ahead of his vehicle but did not have sufficient time to slow or avoid running over it. He pulled to the east shoulder to see what he had struck. CW #3 indicated to a police officer at the scene that he did not see anyone on the bridge overhead as he approached it, nor did he see anyone jump from the bridge and land on the roadway.

The coroner attended the scene and declared the complainant dead at 6:30 a.m.

On a review of the evidence, it is clear that as soon as the first 911 call was received, officers were dispatched to the scene in an attempt to prevent the suicide of the complainant. Within minutes, and before the second caller had even finished speaking with the dispatcher, the complainant had jumped to his death.

Without question, the evidence is beyond any doubt that the complainant’s death was caused by his own actions without any direct involvement by any police officer. The SO was professionally carrying out his duties when he attended the overpass attempting to discourage the complainant from jumping off the bridge onto the northbound Highway 400. Only a few seconds after his arrival, the complainant chose to jump and end his life.

It is significant that prior to any police involvement the two independent civilian witnesses who contacted 911 shared the opinion that the complainant was going to jump. On the evidence, it is beyond dispute that nothing that the SO said or did provoked the complainant to jump to his death. On the contrary, it appears from all of the evidence, that the complainant was fully intent on ending his life and that no amount of police intervention was going to change his mind. As the SO arrived at the bridge and exited his police cruiser, before he could really say or do anything, the complainant acted immediately jumping to his death before anyone could prevent him doing so.

We will never know what was going on in the complainant’s mind that would lead him to take such drastic and lethal action; however, it is clear that no fault lies with the SO, who was carrying out his duties to the best of his abilities as he was required to do. Accordingly, it is my considered opinion that there is no basis to impugn the actions of the SO. On this basis, despite the tragic outcome for the complainant, with respect to the SO, I am satisfied that there are no reasonable grounds for proceeding with any criminal charges on the facts of this case.

Date: August 1, 2017

Original signed by
Joseph Martino
Acting Director
Special Investigations Unit