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 death of a 19-year-old man (“Complainant #1”) and the serious injuries of a 50-year-old man (“Complainant #2”).

Notification of the SIU[1]

On March 13, 2024, at 10:00 a.m., the Toronto Police Service (TPS) notified the SIU of a fatal motor vehicle collision.

According to the TPS, at approximately 6:35 a.m., March 13, 2024, a TPS vehicle was stopped on Markham Road in Scarborough. A dark-coloured Mercedes Benz SUV passed the TPS vehicle at high speed and the police officer entered into traffic with the intention of stopping it. The police officer did not initiate a pursuit and soon pulled over to stop, at which time the dispatcher was made aware of the circumstances. A brief time later, the TPS received several 911 calls from the intersection of Markham Road and Milner Avenue regarding a series of collisions involving the Mercedes Benz, which had entered the intersection at high speed against a red traffic light.

The TPS indicated the Mercedes Benz was stolen during a home invasion that morning in Peel Region and a robbery investigation team from the Peel Regional Police (PRP) were conducting surveillance on the vehicle. The TPS understood the owner of the Mercedes Benz was providing live vehicle tracking updates to plainclothes PRP investigators.

The driver of the stolen Mercedes Benz SUV was transported to Sunnybrook Health Sciences Centre (SHSC) where he was pronounced deceased.

The TPS reported there was a passenger in the Mercedes Benz SUV, and he too was transported to SHSC and was expected to survive.[2] Several other motorists were transported to SHSC as a result of the collision. At the time of the notification, PRP investigators were at the scene of the collision.

The Team

Date and time team dispatched: 2024/03/13 at 10:18 a.m.

Date and time SIU arrived on scene: 2024/03/13 at 11:33 a.m.

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 2

Number of SIU Collision Reconstructionists assigned: 1

Affected Persons (aka “Complainants”):

Complainant #1 19-year-old male; deceased

Complainant #2 50-year-old male; interviewed

Complainant #2 was interviewed on May 10, 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 between March 13 and 22, 2024.

Subject Official (SO)

SO Interviewed; notes received and reviewed

The subject official was interviewed on March 22, 2024.

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 Interviewed; notes received and reviewed

WO #5 Interviewed; notes received and reviewed

The witness officials were interviewed between March 18 and 19, 2024.

The Scene

The events in question began on Scunthorpe Road, a distance north of Milner Avenue, continued north on Scunthorpe Road, east on Sheppard Avenue East and south on Markham Road, and culminated at the intersection of Markham Road and Milner Avenue.

Scene Diagram

Physical Evidence

The TPS 42 Division police station is located at 242 Milner Avenue in Scarborough. Scunthorpe Road is the first street west of the 42 Division station. It is a primarily residential street that is oriented north / south.

Markham Road is the first street east of the 42 Division station. It is a major thoroughfare and is oriented north / south. Markham Road has three lanes for traffic in both the northbound and southbound directions. There are left-turn and right-turn lanes in both directions at the intersection of Milner Avenue. Markham Road is level, with a good line of sight in either direction. The posted speed limit is 50 km/h.

Milner Avenue has two lanes for traffic in both the eastbound and westbound directions. There are left-turn lanes in each direction at the intersection of Markham Road.

Traffic at the intersection of Markham Road and Milner Avenue is controlled by traffic signals. There is a Petro Canada gas station on the northeast corner of the intersection and an Esso gas station on the southwest corner. On the northwest corner of the intersection, at 1530 Markham Road, is a City of Toronto office building. The TPS 42 Division station is approximately 200 metres west of the intersection.

There were five damaged vehicles in the northbound lanes of Markham Road:

• A black Mercedes Benz G63 SUV. The vehicle, severely damaged, was inverted with the rear portion resting on a Honda Accord.
• A blue Honda Odyssey van. It had severe damage to the front end and driver’s side. The vehicle had a dashboard-mounted camera which became dislodged during the collision and was found resting on the driver’s side floor. SIU forensic investigators attempted to recover collision-related recordings from the camera, but no recent recordings were identified.
• A white Freightliner transport truck with a trailer. It had considerable damage to the front end. The Mercedes Benz SUV was resting against its trailer.
• A grey Honda Accord. It was found oriented sideways across the northbound lanes. The front end of the Honda Accord was under the Mercedes Benz.
• A black Toyota Matrix hatchback. The grey Honda Accord was pushed into its right side.

There were two undamaged vehicles in the northbound lanes of Markham Road:

• A red Honda CRV. It was stopped in a northbound lane at the stop line.
• A TPS marked fleet vehicle. It was facing north and was the first vehicle in the northbound left-hand turn lane.

A black Nissan Sentra was located in the southbound lanes of the intersection. It had damage to the front end. The Nissan Sentra was equipped with a camera mounted on the front windshield. The camera memory card was removed by SIU forensic investigators and a video recording related to the collision was downloaded.

There were gouge marks, scrapes, and tire marks in the intersection. The scrapes and fluid trails led to the northbound lanes and the damaged vehicles.

Figure 1 – Northbound view of the collision scene on Markham Road

Figure 2 – Southbound view of the collision scene on Markham Road

Forensic Evidence

The TPS downloaded the airbag control module of the Mercedes Benz. The data revealed that five seconds prior to impact, the Mercedes Benz G-Class SUV was travelling at 132 km/h and the driver was accelerating. Three seconds prior to impact the vehicle was travelling at 143 km/h. Two seconds prior to impact Complainant #1 started to turn the steering wheel to the left, but he did not activate the brakes. At one-and-a-half seconds prior to impact, the accelerator of the vehicle was at 100 percent, and the speed of the vehicle was 133 km/h. Speed data were not recorded for the second of time prior to impact.

Complainant #1 was not wearing a seatbelt at the time of the collision.

Expert Evidence

The SIU collision reconstructionist reviewed the airbag control module data from the Mercedes Benz SUV and reviewed the Global Positioning System (GPS) data from the police vehicles operated by the SO and WO #3.

The airbag control module data were discussed elsewhere in this report (see above).

The SIU reconstructionist determined the GPS data for both vehicles were consistent with the events recorded in the in-car camera (ICC) recordings from both vehicles (see below).

Specifically, at approximately 6:33:32 a.m., March 13, 2024, when the collision was recorded by the ICC in the police cruiser driven WO #5 at Markham Road and Milner Avenue, the SO and WO #3 were both at the intersection of Sheppard Avenue East and Scunthorpe Road.

At approximately 6:34:09 a.m. (in excess of 30 seconds after WO #5’s report of the collision), the SO and WO #3 turned from Sheppard Avenue East onto Markham Road and drove southbound towards Milner Avenue. The GPS data recorded the SO and WO #3 arriving at the intersection at Milner Avenue at approximately 6:34:30 a.m.

Video/Audio/Photographic Evidence[3]

TPS ICC and Body-worn Camera (BWC) Footage

The ICC recording from the TPS vehicle operated by the SO started at 6:32 a.m. The SO travelled eastbound on Sheppard Avenue, and then turned southbound onto Scunthorpe Road. There were two northbound vehicles approaching the SO. After the first vehicle passed him, at 6:32:43 a.m., the SO pulled into the oncoming lane and activated his emergency lights. A Mercedes Benz SUV swerved from the northbound lane into the southbound lane and maneuvered around the passenger side of the SO’s vehicle.

The SO executed a three-point turn and accelerated northbound. Another TPS vehicle operated by WO #3 was observed pulling away from the east curb and accelerating northbound. WO #3 did not have his emergency lights activated.

WO #3 had initially been following the SO southbound on Scunthorpe Road. At 6:32:42 a.m., the ICC recording from his vehicle recorded the SO braking, swerving into the oncoming northbound lane, and activating his emergency lights as he did so. The Mercedes Benz SUV then swerved around the SO’s vehicle and swerved back into the northbound lanes. WO #3 did not activate his emergency lights. He turned and accelerated northbound. As he did so, the SO could be seen turning around south of WO #3.

The SO deactivated his emergency lights as he approached Sheppard Avenue East.

At 6:33:13 a.m., WO #3 reported over the radio a Mercedes Benz had almost driven head-on at a couple of police vehicles on Scunthorpe Road. He reported the vehicle was last seen travelling southbound on Markham Road.

At 6:33:21 a.m., the SO pulled along the driver’s side of WO #3’s vehicle. The dispatcher asked if there was a marker (licence plate) available for the Mercedes Benz, and WO #3 reported they were reviewing their ICC recording to see if it captured the vehicle marker. He reported the Mercedes Benz was travelling at very high speed.

At the intersection of Markham Road and Milner Avenue, WO #5 and WO #1 were stopped in the left-turn lane of northbound Markham Road, waiting to turn left onto westbound Milner Avenue to return to the 42 Division station. At 6:33:32 a.m., their ICC recording showed a southbound vehicle, travelling at high speed, entering the intersection against a red traffic light, and colliding with the Honda Odyssey driven by Complainant #2.

At 6:33:38 a.m., WO #5 reported there had been a collision involving the Mercedes Benz SUV.

At 6:34:14 a.m., emergency lights from two TPS vehicles travelling southbound on Markham Road could be seen. The two southbound TPS vehicles were those operated by the SO and WO #3.

Once WO #5 reported the collision, their ICC recordings documented the SO and WO #3 turning eastbound on Sheppard Avenue. They activated their emergency lights and sirens as they approached Markham Road. They arrived at the collision scene at 6:34:32 a.m.

The SO’s BWC recording captured him speaking to another police officer at 6:37:06 a.m. The SO told the other police officer, “I saw him, like, drive recklessly and I tried to stop him, but I didn’t realize it was a G-Wagon.”

At 7:05:15 a.m., the SO told WO #5, “We were coming down on Scunthorpe trying to get back to the station. I see it like blow that stop sign crossing another car, going north. So, I light up, I’m like blocking on the other side, it drives on the other side to get around me and that was it.”

At 7:19:01 a.m., a sergeant, Officer #1, pulled the SO aside and asked him what happened. The SO responded, “Coming, approaching, probably near, just south of where that supermarket is, and as I’m coming down, I see a car looped around, drove really dangerously, looped around a car stopped at a stop sign. It was coming northbound on Scunthorpe. Looped around that car and it was booking it. So I put on my lights and I positioned myself on...” Officer #1 interrupted as he received a radio transmission advising that someone from PRP had just arrived at the scene. The SO continued, “So I position on the other side with my lights on. It drove by me, and I stopped.” He reported by the time he tuned around he no longer saw the Mercedes Benz. He stated he turned off his lights and proceeded northbound and another officer reported the vehicle was observed travelling southbound on Markham Road.

At 7:25:45 a.m., WO #4’s BWC recorded him speaking with a tow truck operator who commented the Mercedes Benz was being chased for a long time out of Brampton. The tow truck operator stated he was listening to OPP radio transmissions. The tow truck operator later told WO #4 he did not hear OPP radio transmissions; he received his information from another tow truck operator.

ICC Footage from the Transport Truck

The involved transport truck was equipped with a camera mounted on the front windshield. The time notations on the recording were synchronous with the time notations on the TPS recordings.

The transport truck was travelling northbound in the curb lane of Markham Road.

At 6:33:22 a.m., he stopped for a red traffic light at Milner Avenue.

At 6:33:31 a.m., the bright headlights of a vehicle travelling southbound on Markham Road at high speed became obvious.

At 6:33:33 a.m., the southbound Mercedes Benz SUV operated by Complainant #1 entered the intersection against a red traffic light and collided with the driver’s side of the eastbound Honda Odyssey van operated by Complainant #2. Complainant #2 was in the process of turning left at the time he was struck. Complainant #2’s van then collided with the Nissan Sentra operated by CW #5. The Mercedes Benz SUV became airborne and rotated in the air before striking the transport truck. Complainant #2’s Honda Odyssey rotated and came to rest beside the transport truck.

At the time of the collision a pedestrian was crossing westbound along the sidewalk in front of the transport truck. She stopped crossing the street until all vehicles came to rest.

At 6:34:18 a.m., the emergency lights of two police vehicles travelling southbound on Markham Road appeared. The two police vehicles stopped at the intersection and the officers ran to provide assistance.

Communications Recordings

The communications recordings were reviewed. Any transmissions of importance have been reflected in the various summaries included in the report.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the TPS between March 15 and 24, 2024.

• Computer-aided Dispatch (CAD) Report;
• Communications recordings;
• A list of civilian witnesses;
• Duty notes of all designated witness officials and the SO;
• Video footage from a City of Toronto building at 1530 Markham Road;
• Video footage from a Petro Canada gas station at Sheppard Avenue East and Markham Road;
• Scene photographs;
• BWC recordings from the designated witness officials and the SO;
• ICC recordings from three TPS vehicles, including the vehicle operated by the SO;
• GPS data from two TPS vehicles; and
• Airbag control module data from the Mercedes Benz SUV.

The SIU obtained the following records from the PRP on March 13, 2024:

• Incident Details Report;
• Occurrence Details Report;
• Person Details Report; and
• CAD Report.

Materials Obtained from Other Sources

The SIU obtained video footage from the following other sources:

• Traffic camera at Sheppard Avenue East and Markham Road, received from the City of Toronto;
• Dashboard camera recording from the transport truck company; and
• Dashboard camera recording from CW #5’s Nissan Sentra.

The material events in question, clear on the evidence collected by the SIU, may be briefly summarized.

In the morning of March 13, 2024, Complainant #1 was operating a stolen Mercedes Benz SUV in Toronto. He was speeding northward on Scunthorpe Road, north of Milner Avenue, and had blown through a stop sign when he came across two marked southbound TPS cruisers. The lead cruiser, operated by the SO, maneuvered partially into the northbound lane with its emergency lights on in front of the SUV. Complainant #1 swerved to the left and around the passenger side of the SO’s cruiser. It also accelerated past the second cruiser, operated by WO #3, before continuing northbound.

The officers turned to follow the SUV and proceeded north on Scunthorpe Road. They each brought their cruisers to a stop at a red light at the roadway’s intersection with Sheppard Avenue East and reported via radio what had just occurred.

Meanwhile, Complainant #1 had turned east onto Sheppard Avenue East and then south onto Markham Road, colliding with a southbound vehicle in the process. Complainant #1 continued south on Markham Road at speeds approaching 140 km/h and beyond. At the Milner Avenue intersection, about half-a-kilometre from Sheppard Avenue East, Complainant #1 sped into the intersection on a red light and collided with an eastbound vehicle – a Honda Odyssey – making a left turn onto northbound Markham Road. The Odyssey then collided with another eastbound vehicle. The SUV went airborne and struck a tractor-trailer transport truck stopped in the northbound curb lane of Markham Road.

A police cruiser, with WO #5 and WO #1 in it, was stopped in the northbound left-turn lane of Markham Road at Milner Avenue at the time of the incident. They broadcast the collision and then exited their to render aid.

The SO and WO #3 were still stopped at the Scunthorpe Road and Sheppard Avenue East intersection when they heard the broadcast. They proceeded to the scene of the collision and also rendered assistance.

Complainant #1 suffered traumatic injuries in the collision resulting in his death. The driver of the Odyssey – Complainant #2 – suffered serious injuries resulting in multiple surgeries and an extended stay in hospital.

Section 320.13, Criminal Code – Dangerous Operation Causing Bodily Harm or Death

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.

(3) 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 the death of another person.

Complainant #1 was killed and Complainant #2 seriously injured in a motor vehicle collision on March 13, 2024, in Toronto. As the vehicle Complainant #1 was driving was briefly engaged by a TPS cruiser 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 Complainant #1’s death and Complainant #2’s injuries.

The offences that arise for consideration are dangerous driving causing bodily harm and dangerous driving causing death contrary to sections 320.13(2) and (3) of the Criminal Code, respectively. As offences of penal negligence, a simple want of care will not suffice to give rise to liability. Rather, the offences are 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.

Having observed the SUV committing traffic infractions on Scunthorpe Road, the SO was within his rights in attempting to stop the vehicle and investigate its driver.

The decision made to intervene, the SO comported himself with due care and regard for public safety. He activated his emergency lights and positioned his cruiser into the SUV’s path of travel leaving its driver space and time to come to a safe stop. Thereafter, when Complainant #1 drove past his cruiser, the SO performed a safe turn to follow the SUV but did not engage in a pursuit. In fact, he was still stopped on Scunthorpe Road at Sheppard Avenue East, about 700 metres from the site of the collision when it occurred. Moments later, on hearing of the collision, the SO drove without incident to the intersection of Milner Avenue and Markham Road. On this record, it is apparent that the SO did not cause or contribute to the collision in any fashion that could attract criminal sanction.

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

Date: July 11, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit