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 injury of an 18-year-old male (the “Complainant”).

Notification of the SIU[1]

On January 15, 2024, at 8:39 a.m., the Peel Regional Police (PRP) notified the SIU of an injury to the Complainant.

According to the PRP, at 4:28 a.m., a vehicle was stolen in the area of Winston Churchill Boulevard and Eglinton Avenue West, Mississauga, by the Complainant. A PRP police officer in a marked police vehicle was behind the stolen vehicle when it accelerated away at 4:38 a.m. The vehicle collided with a city bus at Burnhamthorpe Road and Dixie Road in Mississauga. The Complainant was taken to St. Michael’s Hospital (SMH) and diagnosed with a fractured femur.

The Team

Date and time team dispatched: 2024/01/15 at 8:54 a.m.

Date and time SIU arrived on scene: 2024/01/15 at 11:55 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Affected Person (aka “Complainant”):

18-year-old male; interviewed; medical records obtained and reviewed

The Complainant was interviewed on January 17, 2024.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

The civilian witnesses were interviewed between January 16 and 17, 2024.

Subject Official (SO)

SO Declined interview and to provide notes, as is the subject official’s legal right

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

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

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

The witness officials were interviewed on January 19, 2024.

The Scene

The events in question transpired over a stretch of roadway beginning on Highway 403 and travelling east from Mavis Road to the Cawthra Road exit, then eastbound on Eastgate Parkway, southbound on Tomken Road, eastbound on Willowbank Trail, south and east on Hickory Drive to Dixie Road, and, finally, southbound on Dixie Road to Burhamthorpe Road East.

Physical Evidence

On January 15, 2024, at 12:00 p.m., a SIU forensic investigator arrived at Dixie Road and Burnhamthorpe Road East, Mississauga. The intersection was cordoned-off with security tape and police vehicles. A walk-through of the area was conducted with a PRP sergeant.

The intersection of Dixie Road and Burnhamthorpe Road East was a large, traffic light-controlled intersection. Dixie Road was oriented in an approximate north/south direction, while Burnhamthorpe Road East was oriented in an approximate east/west direction. Traffic islands preceeded the intersection in all directions and separated the opposing sides of the roadways. The traffic lights cycled and appeared to work properly. The through-lanes and turning lanes were marked and clearly visible, and the pedestrian crossover lines and stop lines were clearly visible. The roads and sidewalks were dry, and it was sunny, cold and windy. The ambient temperature was approximately -20° Celsius. A camera dome was visible on top of the traffic light standard on the northwest corner of Dixie Road and Burnhamthorpe Road East. Businesses and landmarks surrounded the intersection.

A MiWay bus and two PRP marked police vehicles occupied the intersection. A passenger vehicle rested on the southwest corner sidewalk. Three PRP marked police vehicles were in the eastbound lanes of Burnhamthorpe Road East. These vehicles were west of Dixie Road. A large debris field and a large fluid trail were visible on the roadway. The fluid trail covered the distance between the bus and the passenger vehicle. The debris field covered the southwest quadrant of the intersection. A long and curving dark-coloured mark was visible on the roadway. This mark was north of the intersection and travelled a length in a southerly direction to where the passenger vehicle was resting. Gouges were visible on the roadway within the area of impact. This area was near where one of the PRP police vehicles rested in the intersection. Two red fire extinguishers were on the sidewalk near the passenger side of the passenger vehicle. On-board cameras were visible within the transit bus and the police vehicles.

Vehicle one was a white, four-door Toyota Highlander SUV. The Toyota rested over the southwest sidewalk. The engine was not running and there was extensive front end damage, with the air bags deployed. Yellow fire retardant/powder was on the front end of the vehicle and on the front passenger side. The front driver’s side wheel and axle were separated from the vehicle. The rear passenger tire was shredded. An iPhone was on the front passenger seat. Documents were on the front passenger floor mat.

Vehicle two was a City of Mississauga MiWay bus. It was a multi-coloured, 2008 New Flyer diesel bus, with graphics on the sides. The vehicle engine was not running, and the front door was open. Cameras were visible in the bus. There was extensive damage to the back of the bus on the driver’s side. The bus faced northeast and straddled the upper half of the intersection.

Vehicle three was the SO’s PRP marked police vehicle. It was a Dodge Charger. The engine was running, and the emergency roof lights were on. There was no damage to the vehicle. The siren was activated and worked properly. The vehicle faced southwest in the southwest quadrant of the intersection.

Vehicle four was WO #1’s PRP marked police vehicle, which was a Dodge Charger. The engine was not running, and the emergency roof lights were not on. There was no damage to the vehicle or the front end push bar. The vehicle faced southwest in the southwest quadrant of the intersection behind vehicle three.

Figure 1 – The scene of the collision

Figure 2 – The Toyota Highlander

Figure 3 – The MiWay bus

Route Video

Based on the Global Positioning System (GPS) data associated with the police vehicles involved in the incident under investigation, the SIU video-recorded the route that was taken.

The route video started eastbound on Highway 403 from the Mavis Road on-ramp. Highway 403 was a multi-lane 400 series highway that travelled in an east-west direction at this location. The highway was divided by a centre concrete barrier. Signage was visible on the road shoulders and over sections of the highway. The roadway was asphalt-paved, and the lane markings were visible. Overhead streetlights were visible. The posted maximum speed limit sign was 100 km/h. There were four marked lanes for vehicular traffic.

The route proceeded along Highway 403 eastbound to the Cawthra Road exit, where it continued eastbound on Eastgate Parkway with a posted maximum speed limit of 60 km/h.

The route turned southbound onto Tomken Road, with a posted speed limit of 50 km/h, and then eastbound on Willowbank Trail, with a posted speed limit of 40 km/h, to Hickory Drive where it turned to the right and then left and onto Dixie Road. The speed limit on Hickory Drive was 40 km/h.

The route continued southbound on Dixie Road, with a maximum posted speed limit of 60 km/h, to the Burnhamthorpe Road East intersection, which was controlled by a set of lights.

Forensic Evidence

GPS Data - WO #1’s Cruiser

The SIU obtained the GPS data for the cruiser operated by WO #1 during the incident under investigation. It was the second police vehicle following the stolen Toyota.[2]

At data point 213, the cruiser was on Mavis Road, south of Eglinton, at 4:32 a.m. with a speed of 48.2 km/h.

At data point 221, the cruiser was on Mavis Road, north of Highway 403, at 4:32 a.m. with a speed of 125.5 km/h.

At data point 267, the cruiser was on Highway 403, before the Cawthra Road cut-off, at 4:34 a.m. with a speed of 127 km/h.

At data point 284, the cruiser was on Cawthra Road, at its intersection with Eastgate Parkway, at 4:34 a.m. with a speed of 70.8 km/h.

At data point 298, the cruiser was on Tomken Road, south of Eastgate Parkway, at 4:36 a.m. with a speed of 56 km/h.

At data point 313, the cruiser was east on Willowbank Trail, at Highgate Avenue, at 4:36 a.m. with a speed of 114 km/h.

At data point 320, the cruiser was on Hickory Drive, south of Willowbank Trail, at 4:37 a.m. with a speed of 45 km/h.

At data point 326, the cruiser was on Hickory Drive, approaching Dixie Road, at 4:37 a.m. with a speed of 94.9 km/h.

At data point 334, the cruiser was on Dixie Road, south of Rathburn Road, at 4:38 a.m. with a speed of 125.5 km/h.

At data point 343, the cruiser was on Dixie Road, at its intersection with Burnhamthorpe Road East, at 4:38 a.m. at a speed of 0 km/h.

Airbag Control Module (ACM) Data - Toyota Highlander

At 4.55 seconds before impact, the vehicle’s speed was 170 km/h and the accelerator was at 100%, with no braking.

At 2.55 seconds before impact, the vehicle’s speed was 162 km/h and the accelerator was at 0%, with the brake on.

At 1.05 seconds before impact, the vehicle’s speed was 123 km/h and the accelerator was at 0%, with the brake on.

At .05 seconds before impact, the vehicle’s speed was 106 km/h and the accelerator was at 0%, with the brake on.

Video/Audio/Photographic Evidence[3]

Video Footage - City of Mississauga Traffic Camera

The City of Mississauga had a dome camera at the top of a traffic signal pole at the northwest corner of Dixie Road and Burnhamthorpe Road East. It afforded a view of eastbound traffic on Burnhamthorpe Road East and northbound and southbound traffic on Dixie Road.

At 4:37:55 a.m., January 15, 2024, an eastbound MiWay bus on Burnhamthorpe Road was captured making a left-hand turn to proceed northbound on Dixie Road. As the red-coloured bus was partway through its turn, a southbound white SUV [now known to be a Toyota Highlander] was captured on Dixie Road travelling at a high rate of speed. The front left fender area of the SUV collided violently with the driver’s side, rear tire and fender area of the bus. The Toyota travelled off-screen following the collision and smoke was observed to come from its direction.

At 4:38:20 a.m., a fully marked PRP police vehicle arrived on scene, southbound on Dixie Road, and it also travelled off-screen in the direction of the Toyota. Three seconds later, at 4:38:23, a second fully marked police vehicle arrived on scene before travelling off-screen in the direction of the first police vehicle.

At 4:39 a.m., a third police vehicle arrived on scene and stopped beside the rear driver’s side of the bus.

Video Footage - MiWay Bus

On January 15, 2024, at 4:37 a.m., out of the front viewing camera, the bus was captured stopped with the left-turn indicator activated at an intersection [now known to be Burnhamthorpe Road East and Dixie Road] in Mississauga.

At 4:37:51 a.m., the bus started to move slowly forward into a left turn.

At 4:37:54 a.m., the bus shuddered. There was a flash of light from the driver’s side of the bus and the bus went dark. The bus stopped. Out of the front windshield, the headlights of two vehicles could be seen approaching southbound from north on Dixie Road.

At 4:38:16 a.m., a fully marked police vehicle [now known to be operated by the SO] activated its emergency lights, southbound on Dixie Road, in the west curb lane. The SO’s cruiser was followed by a second police vehicle [now known to be operated by WO #1].

At 4:38:58 a.m., a third police vehicle [now known to be operated by WO #2] arrived on scene, with its emergency lights activated, southbound on Dixie Road.

Body-worn Camera (BWC) Footage – The SO

At 4:38 a.m., January 15, 2024, the SO drove his police vehicle and spoke on the radio. He exited, walked towards a vehicle that was on fire with his handgun drawn, and said, “Let me see your hands.” The Complainant sat in the front seat and showed his hands out through the window, after which he started to go unconscious.

At 4:40 a.m., police officers pulled the Complainant through the vehicle driver’s side window. Another police officer extinguished the fire coming out from under the hood. WO #2 applied a tourniquet to the Complainant’s left leg above a large laceration.

At 4:48 a.m., the SO stated he was going southbound on Dixie Road and did not see the collision because the Complainant was driving over 160 km/h. The Complainant was conscious when the SO approached him.

At 4:49 a.m., the SO approached two sergeants and told them he was not chasing the Complainant and he did not see the collision. A sergeant asked how far back he was. The SO replied he was at the preceding intersection.

BWC Footage – WO #3

At 4:48 a.m., January 15, 2024, WO #3 arrived on scene. He spoke to a police officer [now known to be WO #4], who told him she had spoken to a person who watched it all happen. She got all the details from him and asked if she could release him. WO #3 told her to hold off because it might be an SIU case.

At 4:49 a.m., WO #3 asked the SO if he saw the collision, and how far back he was when it happened. The SO said, “When he was booking it, he was 160.” The SO indicated he was at a preceding intersection and did not see the collision. He had disengaged.

Communications Recordings

A woman contacted police and advised she was the owner of a Toyota Highlander that had just been stolen. The caller reported she had heard a noise outside and, when she looked out, she saw the Toyota travel south on her street and turn left. She was able to track her stolen Toyota on her cellular phone southbound on Mississauga Road to Highway 403, and then eastbound on Highway 403.

On January 15, 2024, at 4:34 a.m., the SO advised dispatch he was eastbound on Highway 403 at the speed limit following the stolen Toyota at a distance. He indicated they had just passed Hurontario Street. The SO subsequently indicated that the Toyota had taken the Cawthra Road exit, and he was following, but not in a pursuit. WO #1 advised she was following the SO. The SO broadcast that they had passed Cawthra Road at 80 km/h. The SO asked dispatch to notify PRP 12 Division. The officer indicated he was travelling south on Tomken Road, east on Willowbank Trail, and southbound on an unknown street [now known to be Hickory Drive]. Hickory Drive curved around to meet up with Dixie Road.

At 4:38 a.m., the SO reported the stolen vehicle was southbound on Dixie Road and had passed Rathburn Avenue at 130 kilometres. He was back from the Toyota, which was speeding away. The officer subsequently broadcast that the Toyota had collided with a MiWay bus at Burnhamthorpe Road, and that the Toyota was on fire.

Materials Obtained from Police Service

Upon request, the SIU obtained the following materials from the PRP between January 15, 2024, and February 9, 2024:

• ACM data – Toyota Highlander;
• BWC footage;
• Video footage – Toyota Highlander;
• Communications recordings;
• Notes - WO #2;
• Notes - WO #1;
• Notes - WO #3;
• GPS data - WO #1’s cruiser;
• Incident Details Report;
• Incident History;
• Motor Vehicle Collision Report;
• Officer Roles;
• Person Details Report - the Complainant;
• Occurrence Reports;
• Policy - BWC;
• Policy - Criminal Investigations;
• Policy - In-Car Camera System;
• Policy - Incident Response; and
• Policy - Suspect Apprehension Pursuit and Stopping and Approaching a Suspect Vehicle.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between January 16, 2024, and February 22, 2024:

• Ambulance Call Report from Peel Paramedic Service – the Complainant;
• Video footage - City of Mississauga Traffic Camera;
• The Complainant’s medical records from SMH; and
• Video footage from MiWay Transit.

The evidence collected by the SIU, including interviews with the Complainant and police and non-police witnesses, as well as video footage that captured the incident in parts, gives rise to the following scenario. As was his legal right, the SO did not agree an interview with the SIU or the release of his notes.

In the early morning of January 15, 2024, the PRP received a 911 call reporting a stolen vehicle. The caller indicated that her Toyota Highlander had just been taken from her property. She had a tracker application and was able to advise police that the Highlander was eastbound on Highway 403. Officers on patrol were made aware of the call.

The SO and WO #1 were on duty at the time, working together but operating separate marked cruisers. They entered onto eastbound Highway 403 from Mavis Road and located the Highlander. From a distance and without their emergency equipment activated, the officers followed the Highlander.

The Complainant was operating the Highlander. He apparently became aware that he was being followed by the cruisers and took the Cawthra Road exit from Highway 403. He continued east on Eastgate Parkway, then south on Tomken Road, east on Willowbank Trail, and south and east on Hickory Drive before turning onto southbound Dixie Road and picking up speed. He accelerated to speeds upwards of 160 km/h on Dixie Road. About a kilometre south of Hickory Drive, the Complainant entered the Burnhamthorpe Road East intersection on a red light and slammed into the rear driver’s side of a public transit bus engaged in a left-hand turn onto northbound Dixie Road.

The SO and WO #1 arrived on scene about 20 seconds after the impact. They assisted in extricating the Complainant from the Highlander, which had caught fire and come to rest at the southwest corner of the intersection.

The Complainant was taken to hospital and diagnosed with fractures of the left femur, face and spine.

Section 320.13(2), Criminal Code – Dangerous Operation Causing Bodily Harm

320.13 (2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

The Complainant was seriously injured in a motor vehicle collision on January 15, 2024. As the vehicle he was operating was being pursued by two PRP officers at the time, the SIU was notified of the incident and initiated an investigation. The driver of the lead cruiser in pursuit – 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.

The offence that arises for consideration is dangerous driving causing bodily harm contrary to section 320.13(2) of the Criminal Code. As an offence of penal negligence, a simple want of care will not suffice to give rise to liability. Rather, the offence is predicated, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have observed in the circumstances. In the instant case, the issue is whether there was a want of care in the manner in which the SO operated his vehicle, sufficiently egregious to attract criminal sanction, that caused or contributed to the collision. In my view, there was not.

The SO and WO #1 were engaged in the execution of their duties when they located the stolen vehicle and followed it, presumably with a view to apprehending its driver at some opportune moment or furthering their theft investigation.

With respect to the SO’s manner of driving, I am satisfied he comported himself with due care and regard for public safety. There were times when the officer exceeded the speed limit as he accelerated to catch up to and keep up with the Highlander. On Highway 403, for example, the SO would have been travelling as high as about 130 km/h. On Willowbank Trail, governed by a speed limit of 40 km/h, the officer was upwards of 110 km/h. Lastly, on Dixie Road, it is likely the SO exceeded 120 km/h. Those speeds, while high, were never protracted. Nor was the risk associated with those velocities exacerbated by the environmental conditions. Albeit occurring at night, the roads were dry and third-party traffic was light given the time of day. Importantly, there is no indication that the officer unduly pushed the Complainant, particularly as he headed south on Dixie Road en route to the collision site. Both the SO and WO #1 were well back of the Highlander at the time – about 200 metres and 20 seconds. On this record, it is apparent that the SO did not transgress the limits of care prescribed by the criminal law.

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

Date: May 14, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit