Director's Report Details

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 a motor vehicle incident involving the Toronto Police Service that took place in downtown Toronto in the early morning hours of March 20, 2016. Five individuals sustained serious injuries when a vehicle being pursued by police collided with another vehicle at the intersection of Bay Street and Wellington Street.

Notification of the SIU

At 4:50 a.m. on March 20, 2016, the SIU was notified by the Toronto Police Service (TPS) of injuries to multiple unknown parties in a motor vehicle collision. TPS advised that at about 3 a.m., a TPS officer was driving in the area of Bremner Boulevard and Lakeshore Boulevard when the officer located a black vehicle and discovered the vehicle was stolen. The officer attempted to stop the vehicle. The driver of the vehicle drove into the officer’s cruiser and then drove away. At Wellington and Bay Streets, the black vehicle collided with a vehicle that was operating as an Uber taxi that had passengers inside. It was believed that the driver of the Uber taxi sustained injuries. The nature of the other involved parties’ injuries or which hospitals they had been taken to was unknown at that time.

The team

Number of SIU Investigators assigned: 8

Number of SIU Forensic Investigators assigned: 2

Number of SIU Collision Reconstructionists: 1

Complainants

Comp #1 32-year-old female interviewed, medical records obtained and reviewed

Comp #2 39-year-old male interviewed, medical records obtained and reviewed

Comp #3 17-year-old female interviewed, medical records obtained and reviewed

Comp #4 16-year-old male interviewed, medical records obtained and reviewed

Comp #5 27-year-old female interviewed, medical records obtained and reviewed

Civilian witnesses

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

CW #4 Interviewed

CW #5 Interviewed

CW #6 Interviewed

CW #7 Interviewed

Witness officers

WO #1 Interviewed

WO #2 Interviewed

WO #3 Interviewed

WO #4 Interviewed

WO #5 Interviewed

WO #6 Interviewed

WO #7 Interviewed

WO #8 Interviewed

WO #9 Interviewed

WO #10 Interviewed

WO #11 Interviewed

WO #12 Interviewed

WO #13 Not interviewed, but notes received and reviewed

WO #14 Not interviewed, but notes received and reviewed

Subject officers

SO Interviewed, and notes received and reviewed

Note: A subject officer is a police officer whose conduct appears, in the Director’s opinion, to have caused the death or serious injury under investigation.

Subject officers are invited, but cannot be legally compelled, to present themselves for an interview with the SIU and they do not have to submit their notes to the SIU pursuant to Ontario Regulation 267/10 of the Police Services Act.

The scene

The collision following the pursuit occurred at the intersection of Bay Street and Wellington Street West.

Scene Diagram

Forensic evidence

Automatic Vehicle Location (AVL) Data – SO cruiser

On March 20, 2016, the recorded AVL speeds of the cruiser being operated by the SO during the pursuit route were as follows:

1. 37 km/h (0302 hrs 41 sec) – York Street and Bremner Boulevard,
2. 51 km/h (0302 hrs 52 sec) – Bremner Boulevard in the bend before the on-coming ramp to Lakeshore Boulevard West
3. 23 km/h (0303 hrs 14 sec) – Lakeshore Boulevard West and Bremner Boulevard
4. 35 km/h (0303 hrs 22 sec) – Bay Street and Lakeshore Boulevard West
5. 82 km/h (0303 hrs 37 sec) – Lakeshore Boulevard West, just prior to turning south on Yonge Street, and
6. 47 km/h (0304 hrs 17 sec) – Yonge Street and The Esplanade.

During the remainder of the SO’s drive to the collision at Wellington Street West and Bay Street, the SO’s speed was not greater than 47 km/h.

Video/Audio/Photographic Evidence

The SIU canvassed the area for any video or audio recordings, and photographic evidence, and was able to locate the following:

In-Car Camera Video – SO’s cruiser

At 0302 hrs 28 sec, the SO approached the intersection of Bremner Boulevard and York Street where two cruisers were stopped with their emergency lights activated. A black vehicle drove away from the cruisers and east on Bremner Boulevard. The SO stopped at the red light and as the light changed to green, she made a left turn east on Bremner Boulevard in the direction of the black vehicle. There were no pedestrians in the area and only two cars on the road.

At 0302 hrs 52 sec, the SO stopped at Lakeshore Boulevard West. A marked TPS cruiser driven by WO #3 drove by. The SO turned left as WO #3 passed her and when there was a gap in traffic to allow the SO to enter the southern lane of Lakeshore Boulevard West that contained no vehicles. There were many vehicles in the other two lanes but they were stopped. The SO did not have her emergency lights or sirens on until she arrived at the intersection with Bay Street at 0303 hrs 16 sec. She then turned on the emergency lights, but no sirens. At the time, the light for westbound traffic was green. The SO continued to drive east and passed only one oncoming vehicle on the road that was otherwise empty. There were no pedestrians seen in the area. The traffic light on Lakeshore Boulevard West was green and the SO turned south on Yonge Street.

CCTV – 200 Bay Street

At 0303 hrs 11 sec, the collision occurred in the intersection of Bay Street and Wellington Street West. At 0304 hrs 03 sec, a TPS cruiser appeared driving north on Bay Street and stopped just south of the intersection at Wellington Street West. This was the first police vehicle and officers (WO #1 and WO #3) to arrive at the scene.

CCTV – 161 Bay Street

At 0302 hrs 51 sec, the north/south traffic light on Bay Street turned red. At 0303 hrs 06 sec, the Uber taxi entered the intersection from the east. A second later, the black vehicle entered the intersection travelling northbound. The black vehicle was travelling much faster than other traffic. A second later a bright spot was seen behind the vehicle consistent with the heat created from the friction caused by sudden braking. The front of the black vehicle hit the driver side front wheel area of the Uber taxi. At 0303 hrs 57 sec, a TPS police cruiser with WO #1 and WO #3 entered the intersection travelling northbound on Bay Street with its flashing emergency lights activated. Both officers got out of the vehicle and approached the scene. No other officers or police vehicle were visible in the area.

Communications Recordings

At 0257 hrs, WO #4 broadcast that he was following a black vehicle with four or five occupants. He believed the vehicle was stolen and provided the plate number. He had not attempted to stop the vehicle and requested assistance prior to doing so.

There were no broadcasts from the cruiser being operated by the subject officer.

Materials obtained from Toronto Police Service

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

• AVL charts for relevant police vehicles
• computer aided dispatch narrative messages
• computer aided dispatch history reports
• communications summary
• TPS crown briefs
• general occurrence
• ICAD reports
• WO notes
• parade sheets
• procedure - suspect apprehension pursuits, and
• TPS fail to stop report.

At approximately 3 a.m. on March 20, 2016, WO #4 was following a black vehicle being driven by CW #2 in downtown Toronto. WO #4 requested a search of the vehicle’s plate number and determined it was registered to a stolen vehicle. WO #4 broadcast a radio transmission with his location and requested assistance in stopping the stolen vehicle. As soon as other police vehicles arrived in the area, WO #4 put on his emergency roof lights, and attempted to stop the black vehicle at Bremner Boulevard and York Street by cutting off its path. The black vehicle accelerated into WO #4’s cruiser and sped away. There were no serious injuries sustained during this collision. WO #4 did not pursue the vehicle.

The SO had responded to WO #4’s call for assistance, and had witnessed WO #4’s failed attempt to stop the black vehicle. The SO drove after the vehicle as it fled east on Bremner Boulevard past condominiums, a hotel, businesses and the Air Canada Centre. It was dark and the roads were dry. Another marked cruiser, driven by WO #10, followed behind the SO. The Acura drove out of sight. The SO drove east on Bremner Boulevard and turned south travelling the wrong way up an exit ramp, before turning east onto Lakeshore Boulevard West. Lakeshore Boulevard West is a one-way three lane road, separated from the eastbound lanes by buildings, sidewalks and parking lots. The traffic had come to a stop as another marked cruiser had just driven past westbound with emergency lights activated.

Unbeknownst to the SO, the black vehicle had turned north on Bay Street from Lakeshore Boulevard West and continued to drive to Wellington Street West where it disobeyed a red traffic light and collided with a westbound Uber taxi. Two female passengers from the Uber taxi, as well as the male Uber driver, sustained serious injuries as a result of the collision. In addition, serious injuries were sustained by two passengers from the black vehicle. All were taken to hospital for treatment.

Meanwhile, the SO was at Bay Street and activated her emergency lights, with no siren, and continued driving another 200 metres along Lakeshore Avenue West, before turning south on Yonge Street. The distance from the intersection of Bremner Boulevard and York Street to the intersection of Bay Street and Lakeshore Boulevard West was approximately 350 metres. The distance on Bay Street from the intersection with Lakeshore Avenue West to Wellington Street West was about 500 metres. The speed limit on these areas of Bremner Boulevard, Lakeshore Boulevard West and Bay Street was 50 km/h.

The first TPS vehicle to arrive at the collision scene was driven by WO #3 north on Bay Street, arriving approximately 50 seconds after the crash.

Section 249(1), Criminal Code - Dangerous operation of motor vehicles, vessels and aircraft

249 (1) Every one commits an offence who operates

(a) a motor vehicle in a manner that is dangerous to the public, having regard to all the circumstances, including the nature, condition and use of the place at which the motor vehicle is being operated and the amount of traffic that at the time is or might reasonably be expected to be at that place;

(b) a vessel or any water skis, surf-board, water sled or other towed object on or over any of the internal waters of Canada or the territorial sea of Canada, in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of those waters or sea and the use that at the time is or might reasonably be expected to be made of those waters or sea;

(c) an aircraft in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of that aircraft or the place or air space in or through which the aircraft is operated; or

(d) railway equipment in a manner that is dangerous to the public, having regard to all the circumstances, including the nature and condition of the equipment or the place in or through which the equipment is operated.

In this case, the offence that arises for consideration is dangerous driving causing bodily harm pursuant to section 249 of the Criminal Code. In order to be liable of this offence, the driving conduct of the officer must amount to a marked departure from the level of care that a reasonably similarly situated person would have exercised in the circumstances. I am satisfied that the SO’s conduct during this pursuit does not meet this standard so as to attract criminal liability.

At the outset, WO #4’s attempt to stop the black vehicle was lawful based on the information he acquired that it was stolen. The SO also had the authority to initiate a pursuit as she was aware that the vehicle was registered as stolen and the identity of the driver was unknown. The SO also observed that not only had the driver failed to stop but in fact had struck another cruiser. The SO pursued the black vehicle without emergency lights and sirens. While she did drive the wrong way on an exit ramp and along Lakeshore Boulevard West, she did so cautiously and at speeds at or well below the speed limit of 50 km/h. The SO proceeded along the side of the roadway, while the oncoming traffic had come to a stop. In addition, the pursuit distance was of short duration in time and distance.

There was no suggestion from the cruiser videos or CCTV footage obtained that the manner in which the SO drove her cruiser endangered other motorists. The weather and visibility were clear. The SO stopped at the green traffic light at Bay Street, before proceeding further west for a short distance with her emergency lights activated at a maximum speed of 82 km/h. Given the significant distance between the SO and the black vehicle, as well as the low speed at which the SO travelled, it is apparent that the SO in no way fuelled the dangerous driving of the male driving the pursued vehicle, or contributed to the resultant collision at Bay Street and Wellington Street West.

In the circumstances, I do not have reasonable grounds to believe that the SO drove in a manner which exceeds the limits prescribed by the criminal law and therefore, no charges will issue.

Date: June 30, 2017

Original signed by
Tony Loparco
Director
Special Investigations Unit