Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.

Special Investigations Unit Act, 2019

Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following:

• 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 Personal 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.

Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.

A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.

In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.

This report relates to the SIU’s investigation into the serious injuries of a 53-year-old man (“Complainant #1”) and a 24-year-old woman (“Complainant #2”).

Notification of the SIU[1]

On December 5, 2023, at 11:48 p.m., the Ontario Provincial Police (OPP), Highway Safety Division, notified the SIU of an injury to Complainant #2.

According to the OPP, on December 5, 2023, at approximately 10:54 p.m., two OPP marked police vehicles were dispatched to a ‘Mental Health Act call’ in Scarborough. The police vehicles travelled southbound on Keele Street and were approaching the Highway 401 eastbound ramp when a motorist in a pick-up truck [now known to be a Dodge Durango] in front of the police vehicles panicked and sped up. The Durango struck a vehicle in front of it which lost control and struck two pedestrians on the west sidewalk of Keele Street. Both pedestrians were taken to Sunnybrook Health Sciences Centre (SHSC).

The Team

Date and time team dispatched: 2023/12/06 at 12:13 a.m.

Date and time SIU arrived on scene: 2023/12/06 at 12:40 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 2

Affected Persons (aka “Complainants”)

Complainant #1 53-year-old male; interviewed; medical records obtained and reviewed

Complainant #2 24-year-old female; interviewed; medical records obtained and reviewed

The Complainants were interviewed between December 8, 2023, and January 10, 2024.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

The civilian witnesses were interviewed between December 6 and 11, 2023.

Subject Official (SO)

SO Interviewed; notes received and reviewed

The subject official was interviewed on January 23, 2024.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Not interviewed; notes reviewed and interview deemed unnecessary

WO #4 Not interviewed; notes reviewed and interview deemed unnecessary

WO #5 Not interviewed; notes reviewed and interview deemed unnecessary

WO #6 Not interviewed; notes reviewed and interview deemed unnecessary

WO #7 Not interviewed; notes reviewed and interview deemed unnecessary

The witness officials were interviewed between December 8 and 13, 2023.

The Scene

The events in question transpired in and around the intersection of Keele Street and the Highway 401 eastbound off-ramp.

Scene Diagram

Physical Evidence

On December 6, 2023, at 12:40 a.m., a SIU forensic investigator arrived on location at the Keele Street overpass of Highway 401. Police vehicles from the TPS and the OPP were on location. It was cold - approximately 0° Celsius - and the roads were dry. The area was illuminated by overhead street lighting.

The area of interest was identified as the southbound lanes of Keele Street from the Highway 401 overpass to Falstaff Avenue. Keele Street was oriented in a north-south direction. Adjacent to this area was the eastbound Highway 401 off-ramp for Keele Street. The off-ramp, situated west of Keele Street, was oriented in an easterly direction. The off-ramp allowed for motorists to continue north or south onto Keele Street.

The junction of Keele Street and the off-ramp area could best be described as a T-intersection. No maximum speed signs were visible on Keele Street or the off-ramp. The intersection was controlled by traffic lights in all directions. The traffic lights appeared to function properly as they cycled through their various sequences. Road markings, vehicle lanes, stop lines, and pedestrian crossovers were visible on the roadway. The markings for the pedestrian crossover in the southbound lanes were faded. Pedestrian push buttons on utility poles were visible on the east and west sides of Keele Street.

Concrete islands separated the north and southbound lanes of Keele Street. The pedestrian crossover on the south side of the intersection separated a shorter island and a longer island. The shorter island had a temporary traffic signal and a ‘keep to the right of the traffic island’ sign resting on it. One of the concrete weights used to hold the traffic light and sign was toppled over. Fresh scrape marks were visible on the vertical, raised section of the island. Additional marks were visible on the top portion of the longer island. The marks travelled the length of the island to where a black vehicle was resting. Scrape marks were visible on the roadway’s southbound passing lane. These marks also led to where the black vehicle was resting. A large debris field was strewn across the southbound lanes of Keele Street. A large, vehicle fluid pool was visible near a silver/grey Honda Accord that rested within the southern portion of the intersection. An area of impact was visible within the intersection. A boot, blood, earbuds, an earbud case, and medical debris were visible on the paved roadway near the pedestrian crossover. A second boot was visible on the west sidewalk of Keele Street. A camera dome was visible on a light standard situated on the concrete island on the north side of the intersection.

In addition to the previously mentioned two vehicles, two OPP vehicles were on location. Both drivers sat in their vehicles, and arrangements were made to have the drivers of the OPP vehicles removed from the scene.

The scene was photographed and scanned for a planned drawing.

Figure 1 – View of the scene south on Keele Street from the Highway 401 eastbound off-ramp.

Figure 2 – Path of travel of the Dodge Durango.

Involved Vehicles

Vehicle 1 was a black 4-door Dodge Durango. Air bags were deployed, and it had damage along the passenger side. The front passenger wheel was damaged; a damaged tire rested on the front passenger tire rim.

Vehicle 2 was a silver/grey 4-door Honda Accord. Air bags were deployed, and it had extensive front-end damage.

Vehicle 3 was an OPP fleet vehicle. It was a black and white 4-door Dodge Charger. It had OPP decals and emergency roof lights. The engine was on, as were the roof lights. There was no fresh damage to the front-end push bar, and no visible damage to the vehicle’s body. Lights and siren were tested during the investigation and found to be functioning properly.

Vehicle 4 was an OPP fleet vehicle. No OPP decals or emergency roof lights were on this vehicle. There was no front-end push bar, and no visible damage to the vehicle’s body. The engine was on. The emergency light system was within the vehicle and facing outwards. The emergency lights and siren were tested during the investigation and found to be functioning properly.

Airbag Control Module (ACM) Data - Dodge Durango

The ACM downloaded data indicated that the vehicle was travelling at 60 km/h five seconds before the collision. The Durango had sped up to 87 km/h two seconds before the collision. At 1.8 seconds before the collision, the Dodge Durango had a top speed of 91 km/h with 0% acceleration, indicating that the driver’s foot was off the accelerator. At 0.1 seconds before collision, the Dodge Durango travelled at 68 km/h.

Video/Audio/Photographic Evidence[2]

Video Footage – The SO’s In-car Camera System (ICCS)

The footage began on December 5, 2023, at 10:52:30 p.m.[3]

The OPP unit operated by the SO was captured turning east onto Sir William Hearst Avenue and approached the intersection of Keele Street. The roads appeared dry with very light precipitation of snow or rain. It was dark with artificial lighting provided by streetlamps. The SO had the vehicle’s emergency lights activated. At Keele Street, the vehicle made a right turn into the southbound curb lane of the road. At about the same time, another vehicle - a Dodge Durango - was captured making a left turn from the Highway 401 westbound exit ramp. The Dodge Durango entered the southbound curb lane of Keele Street ahead of the SO. Keele Street had three southbound lanes as well as a right entry-ramp lane onto westbound Highway 401 at this point. The Dodge Durango had made the left turn and crossed two lanes of traffic into the curb lane ahead of the SO.

The Dodge Durango accelerated and passed a white pick-up truck that was southbound in the centre lane of Keele Street. The SO continued southbound in the curb lane of Keele Street. As the Dodge Durango crossed the overpass bridge to Highway 401, its left turn signal was activated and the vehicle merged first into the centre lane before moving into the passing lane of southbound Keele Street. The Dodge Durango then began to brake for motor vehicles ahead that were stopped at the intersection of Keele Street and Highway 401 eastbound off-ramp.

Just south of the bridge, a fourth southbound lane began which was the on-ramp to Highway 401 eastbound. The SO merged into the on-ramp lane while the Durango continued to brake in the southbound passing lane of Keele Street. As the SO fully entered the on-ramp for eastbound Highway 401, the Dodge Durango made a single lane change through the centre lane and into the curb lane of southbound Keele Street. There were two motor vehicles stopped at a red traffic signal southbound on Keele Street at the Highway 401 eastbound off-ramp. The curb lane was clear of other motor vehicles and the Dodge Durango continued through the red traffic signal into the intersection. The SO continued down the on-ramp, now westbound as the ramp curved right. From the left side of the video frame, the Dodge Durango was captured striking a vehicle [now known to be a Honda Accord] in the middle of the intersection. The Honda Accord had left the eastbound off-ramp of Highway 401, entered the intersection, and had begun a left turn towards northbound Keele Street at the moment of impact.

Immediately after the collision, the SO stated, “Oh,” and he slowed and made a left turn off the roadway onto the grass median that separated the on-ramp to Highway 401 from the off-ramp.

The video field of view after the collision was of the on-ramp and did not include any view of Keele Street. The SO entered onto the eastbound Highway 401 off-ramp and Keele Street came back into the video view. The Honda Accord was stationary in the intersection and two pedestrians [now known to be Complainant #2 and Complainant #1] were on the ground just south of the crosswalk on Keele Street immediately south of the intersection. The SO utilized the police radio and stated, “Police lights activated, headed to this call, just had a (inaudible) fail to stop involved in a collision, male has taken off.”

The SO entered southbound Keele Street and approached the Dodge Durango which was stopped in the southbound passing lane of Keele Street with the front right angled slightly into the centre lane. The Dodge Durango was stopped at the southern end of the centre median that extended from the intersection. The SO stopped in front of the Dodge Durango and faced east. The SO’s vehicle remained in the same stationary location for the remainder of the video.

Twenty-one seconds had elapsed from the moment the Dodge Durango was captured entering onto Keele Street and the collision with the Honda Accord.

Video Footage – WO #1’s ICCS

The video was of the interior of the vehicle. Two people [now known to be the occupants of the Honda - the driver and CW #1] entered the rear of the police vehicle. For most of the video there was irrelevant conversation and telephone calls. CW #1 made a telephone call to a woman, and CW #1 and the driver explained to the woman the events of the motor vehicle collision.

Police Communications Recordings

On December 5, 2023, at 10:53 p.m., the SO contacted police dispatch and advised of a ‘fail to remain’ motor vehicle collision. He said, “Police lights activated heading to this call just had a, looks like fail to stop collision, male taken off on foot.” The SO provided the location as Keele Street southbound at Highway 401. He requested Emergency Medical Services (EMS) for a woman with a serious right leg injury.

Other OPP units advised they were attending the scene of the collision. TPS along with a TPS canine unit were requested to attend.

The SO provided an update on the licence plate of the motor vehicle. The door to the vehicle [now known to be a Dodge Durango] was open, a telephone was in the vehicle, and the air bags had been deployed. A witness advised a man had fled the motor vehicle and had run eastbound through the grounds apartment buildings.

At two minutes and 48 seconds of the police radio transmissions, WO #2 asked the SO if he had come across the collision or had attempted to stop the vehicle. The SO advised, “Had our lights activated en route to call... I guess vehicle must have thought we were trying to stop him. Took off at high rate of speed.”

Materials Obtained from Police Service

Upon request, the SIU obtained the following materials from the OPP and the TPS between December 6, 2023, and January 24, 2024:

• ACM report for the OPP Dodge Charger and the SO’s police vehicle (OPP);
• Computer-assisted dispatch report (OPP);
• Email from TPS regarding camera footage;
• Email from TPS regarding call-signs;
• General Occurrence Report (TPS);
• Notes – WO #3 (OPP);
• Notes – WO #4 (OPP);
• Notes – WO #2 (OPP);
• Notes – WO #1 (OPP);
• Notes – WO #5 (OPP);
• Notes – WO #6 (TPS);
• Notes – WO #7 (TPS);
• ICCS footage (OPP);
• Communications recordings (OPP);
• OPP Block Training 2021 - Suspect Apprehension Pursuits – the SO (OPP); and
• Motor Vehicle Collision Report.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between December 13, 2023, and January 22, 2024:

• Ambulance Call Report from Toronto EMS for Complainant #2 and Complainant #1;
• Medical Records from SHSC for Complainant #1;
• Medical Records from Humber River Hospital for Complainant #2;
• Photographs from CW #1; and
• Dash-cam footage from CW #2.

The evidence collected by the SIU, including interviews with the SO, Complainant #1, Complainant #2 and other police and non-police witnesses to the incident, and video footage that captured the events in question, gives rise to the following scenario.

Shortly before 11:00 p.m., December 5, 2023, the SO, operating an unmarked police vehicle, and WO #1, driving a marked police Dodge Charger, were en route from the OPP station at 2683 Keele Street, Toronto, to Bayview Avenue and Highway 401. They were responding to a ‘person in crisis’ call for service. With their emergency lights activated, the officers turned to travel southbound on Keele Street from eastbound Sir William Hearst Avenue. Their intention was to take the on-ramp a short distance south of their location to eastbound Highway 401.

Just before the officers turned right onto Keele Street, a Dodge Durango turned left from the Highway 401 westbound off-ramp to travel south. The vehicle accelerated in front of the police cruisers, at first maneuvering left into the passing lane of Keele Street before cutting into the curb lane towards the next set of lights. Those lights, which were red for southbound traffic at the time, controlled north-south traffic as well as traffic coming off eastbound Highway 401 to travel either north or south on Keele Street. There was a pedestrian crosswalk at the southern end of the intersection. The Durango approached the intersection at about 90 km/h, entered against the red light and struck the front end of a Honda Accord turning left to travel north. The Durango continued southwards and struck two pedestrians – Complainant #1 and Complainant #2 – who had been walking westbound in the crosswalk.

The SO and WO #1 had just entered onto the Highway 401 eastbound on-ramp from Keele Street when they noticed the collision in front of them. They re-routed their vehicles to deal with the collision at hand. The SO travelled over a grass median and onto southbound Keele Street, bringing his vehicle to a stop beside the Dodge Durango by the southern end of the concrete island that divided north and south traffic south of the crosswalk. That is where the Durango had come to a stop before the driver exited the vehicle and fled.

Complainant #1 and Complainant #2 were taken from the scene to hospital and treated for serious leg fractures.

Complainant #1 and Complainant #2 were struck and seriously injured by a Dodge Durango in Toronto on December 5, 2023. As the vehicle had seemingly accelerated en route to the collision at the presence of police vehicles moments earlier, the SIU was notified of the incident and initiated an investigation. The SO was identified as the subject official. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the collision.

There is no indication of any conduct on the part of the SO that could attract criminal sanction in relation to the collision between the Dodge Durango, on one hand, and the Honda Accord and pedestrians, on the other. The SO had just entered onto southbound Keele Street when the driver of the Durango began to accelerate away from him towards the site of the collision. He was never engaged with the vehicle, much less in pursuit of it. On this record, other than perhaps being the unwitting impetus for the Durango driver’s ill-advised acceleration into an intersection against a red light, the SO did nothing wrong.

For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: April 3, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit