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 a 17-year-old male (the “Complainant”).

Notification of the SIU[1]

On February 10, 2024, at 11:20 p.m., the Ontario Provincial Police (OPP) contacted the SIU with the following information.

On February 10, 2024, at around 3:20 p.m., an OPP officer operating an Automatic Licence Plate Reader (ALPR) on Highway 401 in the Weston Road area [Toronto] identified a stolen Honda Civic. Two fully marked police cruisers blocked westbound traffic on Highway 401. When traffic was stopped, the Subject Official (SO) and Witness Official (WO) walked towards the stolen Honda Civic. The Honda Civic drove forward and collided with three vehicles. The driver of the Honda Civic, the Complainant, was arrested and later transported to the Toronto OPP Detachment. While at the OPP detachment, the Complainant complained of a sore left arm and was transported to Humber River Hospital (HRH) where he was diagnosed with a fractured left wrist.

The Team

Date and time team dispatched: 2024/02/10 at 11:30 p.m.

Date and time SIU arrived on scene: 2024/02/11 at 2:25 a.m.

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on February 11, 2024

Civilian Witness

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

CW #4 Interviewed

The civilian witnesses were interviewed between February 12, 2024, and February 15, 2024.

Subject Official

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

Witness Official

WO Interviewed

The witness official was interviewed on February 20, 2024.

The Scene

The events in question transpired on the westbound lanes of Highway 401 between Islington Avenue and Weston Road, Toronto.

Video/Audio/Photographic Evidence[2]

In-car Camera (ICC) Footage – The SO’s Cruiser

Starting at about 3:19:32 p.m., February 10, 2024, the SO, while operating his cruiser west on Highway 401, stopped his vehicle and blocked westbound traffic. Another fully marked OPP cruiser was captured stopped across the middle of Highway 401, also blocking traffic.

Starting at about 3:20:43 p.m., the WO was captured standing at the driver’s side window of a white Honda. The Complainant was removed from the driver’s side of the white Honda. The SO escorted the Complainant to his cruiser. The officer proceeded to travel to the OPP Toronto Detachment.

Starting at about 3:33:27 p.m., the Complainant was captured sitting in the back seat of the SO’s cruiser. He indicated that he might have a broken wrist.

ICC Footage – The WO’s Cruiser

On February 10, 2024, starting at about 3:15:53 p.m., the WO was driving west on Highway 401 following an unmarked OPP grey van operated by the SO.

Starting at about 3:16:50 p.m., the SO activated his emergency lights and siren. The WO announced over the radio that the Honda Civic was behind him and asked if the SO wanted the traffic blocked. The SO advised he did.

Starting at about 3:19:15 p.m., the SO and WO stopped their cruisers in the westbound lanes of Highway 401 bringing traffic behind them to a stop.

Starting at about 3:21:47 p.m., a police officer announced over the radio that they had Highway 401 shut down, and that the driver of the white Honda had attempted to drive off, colliding with other vehicles.

Custody Footage - OPP Toronto Detachment - Booking Room

On February 10, 2024, starting at about 4:42 p.m., the Complainant was brought to the booking room and his handcuffs were removed by the WO. The SO asked the Complainant if he had any injuries. The Complainant raised his hand. The SO asked the Complainant if he wanted to go to the hospital. The Complainant shook his head, indicating no.

Materials Obtained from Police Service

The SIU obtained the following records from the OPP between February 11, 2024, and March 7, 2024:

• Event Details Report;
• ICC footage – OPP cruisers;
• Custody footage from OPP – Toronto Detachment;
• Police communications recordings; and
• Notes - the WO.

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between February 11, 2024, and March1, 2024:

• The Complainant’s medical records - HRH; and
• Dash cam footage from civilian.

The evidence collected by the SIU, including interviews with the Complainant and police and non-police eyewitnesses, 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 afternoon of February 10, 2024, the SO and the WO, each operating separate cruisers, were travelling westbound in tandem on Highway 401, in the area of Weston Road, when the WO’s ALPR identified a stolen vehicle – a Honda Civic. The WO radioed the SO and it was agreed that the officers would attempt to stop the car. The plan was for the officers to travel ahead of the Honda after which they would maneuver their vehicles across the highway to stop westbound traffic.

The Complainant was operating the Honda. With him were three passengers, two of whom exited the vehicle and fled across the highway when the SO and WO approached the Honda on foot. The Complainant accelerated towards a gap in traffic ahead of him. The gap proved too small. The Complainant collided with vehicles to the north and south of the Honda and came to a stop. His air bags deployed. The SO and WO extricated the Complainant and his remaining passenger, placing them under arrest.

The Complainant was transported to the OPP Toronto Detachment and eventually to hospital where he was diagnosed with a broken left wrist.

Section 320.13, Criminal Code – Dangerous Operation Causing Bodily Harm

320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

(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.

On February 10, 2024, the Complainant was seriously injured in a motor vehicle collision attempting to escape apprehension by the police. The SIU was notified of the incident and initiated an investigation naming the SO 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 Complainant’s injury.

I am satisfied that the Complainant, who was driving a vehicle that had been reported stolen, was subject to arrest on that basis by the SO and WO.

There are no questions of inappropriate force having been brought to bear by either of the SO or the WO in relation to the Complainant’s arrest. Nor are there any real issues with the manner in which the officers maneuvered their vehicles to stop traffic, which was already very congested, or any suggestion that the tactic they used caused the Complainant’s injury, which appears to have been incurred when the air bags deployed in the Honda. Rather, the collision and the resulting injury are the result of the Complainant’s attempt to try to squeeze the Honda between other traffic on the roadway. He, and he alone, is responsible for that.

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

Date: June 7, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit