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 30-year-old woman (the “Complainant”).

Notification of the SIU[1]

On February 22, 2024, at 5:10 a.m., the Greater Sudbury Police Service (GSPS) contacted the SIU with the following information.

On February 21, 2024, at 8:42 p.m., the Subject Official (SO) was travelling southbound on Regent Street in Sudbury when he observed a GMC pick-up truck, occupied by a lone male, travelling at a high rate of speed approaching northbound on Regent Street. The police officer made a U-turn and activated the police vehicle’s emergency lighting and siren in an attempt to stop the pick-up truck. The pick-up truck accelerated away from the police officer, prompting the officer to deactivate all emergency equipment and pull to the side of the roadway. Prior to stopping, the police officer observed up ahead at the intersection of Regent Street and Martindale Road that that the GMC pick-up had been involved in a motor vehicle collision with two civilian vehicles. The police officer continued to the intersection where the driver of the pick-up truck was arrested for ‘dangerous driving’ and given an Approved Screening Device demand to provide breath samples, which he failed. The driver was transported to the police facility where he provided samples registering over ‘80 mgs’. The driver was released on an undertaking and refused any medical treatment. He did not acknowledge any injuries as a result of the collision. A female involved in the collision had been transported to Health Sciences North with what were initially thought to be minor injuries. However, at 4:40 a.m., she was admitted to hospital with a minor brain bleed, concussion and fractured index finger. The GSPS had since processed the scene.

The Team

Date and time team dispatched: 2024/02/22 at 6:59 a.m.

Date and time SIU arrived on scene: 2024/02/22 at 3:15 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Number of SIU Collision Reconstructionists assigned: 1

Affected Person (aka “Complainant”):

30-year-old female; interviewed; medical records obtained and reviewed

The Complainant was interviewed on February 22, 2024.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

CW #4 Interviewed

CW #5 Interviewed

CW #6 Interviewed

The civilian witnesses were interviewed on February 23, 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

The witness officials were interviewed on February 22, 2024.

Investigative Delay

The last internal investigative reports were not prepared until March 28, 2024.

The Scene

The events in question transpired on Regent Street between Caswell Drive and Martindale Road, Sudbury.

The photograph below is a GSPS drone photo post-collision.

Figure 1 - Aerial photo of scene showing the positioning of the involved vehicles on the roadway

Forensic Evidence

Global Positioning System (GPS) Data – the SO’s Cruiser

The GPS data associated with the GSPS cruiser – a Ford F-150 Police Interceptor with white subdued decals – involved in the incident under investigation revealed the following information:

Between 8:38:00 p.m. and 8:41:00 p.m., February 21, 2024, the cruiser travelled southbound on Regent Street from about Ontario Street/Riverside Drive. Its rate of speed was unremarkable. The cruiser travelled through the intersection of Regent Street and Martindale Road. The cruiser stopped briefly at the traffic signal light-controlled intersection of Regent Street and Bouchard Street/Martilla Drive, then continued southbound, again at an unremarkable rate of speed.

At 8:42:10 p.m., the cruiser was southbound on Regent Street approaching Caswell Drive (about one kilometre south of Martindale Road). Its speed was about 55 km/h.

At 8:42:12 p.m., the cruiser slowed and executed a U-turn in the area of the traffic signal light-controlled intersection of Regent Street and Caswell Drive. The colour of the traffic light was not known.

At 8:42:19 p.m., the cruiser travelled northbound on Regent Street. There were two lanes for northbound traffic, two lanes for southbound traffic, and a common centre left turn lane for the entire distance north to the collision scene. The speed limit was 60 km/h on Regent Street.

At 8:42:21 p.m., the cruiser passed through the traffic light-controlled intersection of Regent Street and Telstar Avenue (just north of where it had executed the U-turn at Caswell Drive) at a rate of speed of about 83 km/h. The colour of the traffic light was not known. The cruiser continued northbound and accelerated to a maximum recorded speed of about 100 km/h at about Arnold Street.

At 8:42:30 p.m., the cruiser slowed to a rate of speed in the 80 - 90 km/h range as it travelled north through a gradual bend to the right south of Bouchard Street/Martilla Drive.

At 8:42:40 p.m., the cruiser travelled through the traffic light-controlled intersection of Regent Street and Bouchard Street/Martilla Drive. Its rate of speed was about 82 km/h. The colour of the traffic signal light was not known.

At 8:42:43 p.m., the cruiser continued northbound and further slowed to a rate of speed in the 40 - 50 km/h range north of Bouchard Street/Martilla Drive as it passed Austin, Laval, and Anthony Streets.

At 8:43:03 p.m., the cruiser was just north of Anthony Street and about 80 metres south of the stop line at the traffic signal light-controlled intersection of Regent Street and Martindale Road.

At 8:43:07 p.m., the SO accelerated and continued northbound on Regent Street to the intersection of Regent Street and Martindale Road.

At 8:43:16 p.m., the SO was in the intersection.

At 8:43:18 p.m., the SO’s police vehicle was stopped on the north side of the intersection, where it remained for the remainder of the GPS data.

The cruiser had travelled about one kilometre, in about one minute, northbound on Regent Street from about Caswell Drive to the intersection of Regent Street and Martindale Road. This calculated to an average rate of speed of about 60 km/h.

Video/Audio/Photographic Evidence[2]

GSPS Communications Recordings

Between about 8:42:49 p.m. and 8:43:01 p.m., February 21, 2024, the SO broadcast a police code indicating that there was a traffic accident at Regent Street and Martindale Road, noting he had “just witnessed it”.

Video Footage – Tim Hortons – 1373 Martindale Road, Sudbury

On February 21, 2024, between about 8:42:09 p.m. and 8:42:39 p.m., a minivan was captured travelling westbound on Walford Road and stopping at the intersection of Regent Street. Traffic continued northbound and southbound on Regent Street while the minivan was stopped. The traffic signal at the intersection was not in camera view. The van had no other vehicles in front of it and eventually proceeded westbound into the intersection.

At about 8:42:42 p.m., the van was struck in the intersection by a vehicle travelling northbound on Regent Street at a high rate of speed. The type and colour of the vehicle driving northbound was not distinguishable in the camera view. After striking the minivan, the vehicle went immediately out of camera view as it continued further north on Regent Street. The minivan spun around and came to rest facing north, with only the rear of the vehicle remaining in camera view.

At about 8:43:10 p.m., a white truck with flashing rooftop lights travelled northbound on Regent Street and stopped just south of the minivan.

Video Footage – KFC Restaurant – 1341 Martindale Road, Sudbury

On February 21, 2024, at about 9:14:50 p.m., headlights of a van could be seen travelling westbound on Walford Drive. As the vehicle entered the intersection on Regent Street, it was struck by a truck driving northbound at a high rate of speed on Regent Street.

At about 9:15:20 p.m., 30 seconds later, a pick-up truck with flashing lights activated travelled northbound on Regent Street and stopped just south of the minivan.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the GSPS between February 23, 2024, and March 14, 2024:

• Alcohol Influence Report;
• Amendment of Analysis (Intoxilyzer 8000©);
• Arrest Report;
• GPS data - the SO’s police cruiser;
• Computer-assisted Dispatch Report;
• Calibration Maintenance (alcohol test);
• Certificate of Analysis;
• Certificate of Qualified Breath Technician;
• GSPS communications recordings;
• Designation of Breath Technician and Ontario Gazette;
• Designation of Qualified Breath Technician;
• Greater Sudbury Airport - past 24-Hour conditions - Environment Canada;
• Notes - WO #1, and WO #3 and WO #2;
• Records of vehicles involved in collision;
• GSPS Reconstruction Report;
• Officer and Witness List;
• List of involved persons;
• Scenes of Crime Officer photographs;
• The Ontario Gazette (d
• Policy – Suspect Apprehension Pursuits; a
• Video footage – KFC.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between February 23, 2024, and March 13, 2024:

• Fire Department Incident Report from the Fire Department;
• Ambulance Call Report from Greater Sudbury EMS;
• The Complainant’s medical records from Health Sciences North; and
• Video footage from Tim Hortons.

The evidence collected by the SIU, including interviews with the Complainant and civilian 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 evening of February 21, 2024, the SO was on-duty operating a police cruiser southbound on Regent Street when, in the area of Caswell Drive, he clocked a northbound pick-up truck approaching him at about 90 km/h. This exceeded the 60 km/h speed limit and the officer decided to pull the vehicle over for a speeding infraction. The SO activated his emergency lights and siren and executed a U-turn, after which he accelerated to catch up to the pick-up. The pick-up continued to speed away from the officer, prompting the SO to disengage. He turned off his emergency equipment and slowed while continuing northbound. Shortly thereafter, the officer observed dust up ahead in the area of Regent Street and Martindale Road / Walford Roads.

CW #1 was driving the pick-up truck. He approached the Martindale Road / Walford Road intersection at speeds in excess of the 60 km/h speed limit. CW #1 continued through a red light and struck the driver’s side of a minivan travelling westbound into the intersection on a green light. The pick-up truck continued a distance northwest and struck another vehicle stopped facing southbound on Regent Street just north of the intersection.

The SO arrived at the intersection about 20 - 30 seconds after the collision.

The Complainant was driving the minivan. She was taken from the scene in ambulance to hospital and diagnosed with extra-axial acute hemorrhages and a fractured hand.

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.

The Complainant was seriously injured in Sudbury on February 21, 2024, when the vehicle she was operating was struck by a pick-up truck. As the pick-up truck had been pursued by a GSPS officer moments before the collision, 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 and the Complainant’s injuries.

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 was within his rights when he decided to pursue CW #1. He had observed CW #1 speeding and was entitled to stop him for a traffic infraction.

I am also satisfied that the SO comported himself with due care and regard for public safety throughout his brief engagement with CW #1. While the officer initially accelerated to about 100 km/h, this was done over a relatively short distance and with the cruiser’s emergency equipment activated, mitigating the risk to third-party traffic in the area. As soon as it became clear that the pick-up truck was not going to stop, the SO, wisely, in my view, slowed to between 40 and 50 km/h while continuing northbound. Throughout this period, there is no indication of other motorists having to take evasive action because of the officer’s driving. Nor does the evidence suggest that the SO unduly pushed CW #1.

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

Date: June 21, 2024

Joseph Martino

Director

Special Investigations Unit