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 76-year-old man (the “Complainant”).

Notification of the SIU[1]

On May 14, 2024, at 5:38 p.m., the Ontario Provincial Police (OPP) contacted the SIU with the following information.

In the afternoon of May 14, 2024, a stolen Volvo, operated by an unknown male, was involved in a motor vehicle collision (MVC) on Highway 7 east of the Town of Perth. The driver fled the area. Police officers were alerted to the incident. A short time later, officers in two marked police vehicles travelling eastbound on Highway 7 just east of Perth – Witness Official (WO) #2 and WO #1 – observed what they believed to be the stolen vehicle travelling westbound on Highway 7. WO #2 and WO #1 activated their roof lights and made U-turns to try to stop the vehicle. The vehicle was observed to accelerate away, at a high rate of speed, prompting the police officers to disengage and pull their vehicles to the side of the road. A third police officer, the Subject Official (SO), operating an unmarked police vehicle eastbound on Highway 7, subsequently observed the Volvo approach westbound on Highway 7. The officer made a U-turn and activated his roof lights to stop the Volvo. During the U-turn, the SO lost sight of the stolen Volvo as it proceeded westbound on Highway 7. The SO stopped at a nearby gas station, where he was advised by witnesses that the stolen vehicle had made a turn and continued southbound on Wilson Street, Perth. The SO proceeded to the area, where he came upon a MVC at the intersection of Wilson Street and Sunset Boulevard, Perth. Reportedly, the Volvo had travelled southbound on Wilson Street and failed to stop at a red light. It collided with a Hyundai Santa Fe, which was westbound on Sunset Boulevard, before colliding with a Toyota Camry, which was turning right from Sunset Boulevard to proceed south on Wilson Street. The driver of the stolen vehicle fled the scene on foot. At the time of intake, the identity of the driver of the stolen Volvo was not known, and the driver had not been apprehended. The driver of the Hyundai [now known to be the Complainant] was transported to the Ottawa Civic Hospital (OCH) by Lambert County - Emergency Medical Services. The Complainant was diagnosed with fractures to his hand and internal bleeding. The driver of the Toyota [now known to be Civilian Witness (CW) #1] was transported to the Perth and Smiths Falls Hospital in Perth, where he was examined and released with no serious injuries.

The Team

Date and time team dispatched: 2024/05/14 at 7:15 p.m.

Date and time SIU arrived on scene: 2024/05/15 at 2:57 p.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on May 15, 2024.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

The civilian witnesses were interviewed between May 15 and 29, 2024.

Subject Official (SO)

SO Declined interview, as is the subject official’s legal right; notes received and reviewed

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 between May 17 and 22, 2024.

The Scene

The events in question began on Highway 7 a distance east of Perth, continued east along Highway 7 into Perth, then south from Highway 7 on Wilson Street West, and concluded at the intersection of Wilson Street West and Sunset Boulevard, Perth.

Forensic Evidence

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

At 1:00:14 p.m., the SO was stopped at the entrance to the OPP Lanark Detachment at 77 Dufferin Street Perth, located on the north side of Highway 7, west of Wilson Street West.

At 1:01:51 p.m., May 14, 2024, the SO was eastbound on Highway 7 at the corner of Wilson Street West at a speed of 36 km/h.

At 1:03:07 p.m., the SO was eastbound on Highway 7 east of Wilson Street West at a speed of 34 km/h.

At 1:02:24 p.m., the SO’s speed was 0 km/h.

At 1:02:58 p.m., the SO was stopped on the north side of Highway 7 at the Ultramar Gas Station on the west side of the OPP detachment.

At 1:05:25 p.m., the SO was eastbound on Highway 7 heading towards Wilson Street West at a speed of 81 km/h.

At 1:05:49 p.m., the SO turned to go southbound on Wilson Street West at a speed of 32 km/h.

At 1:06:25 p.m., the SO was southbound on Wilson Street West at a speed of 64 km/h.

At 1:07:06 p.m., the SO was stopped in the intersection of Wilson Street West and Sunset Boulevard.

Airbag Control Module (ACM) Data – Volvo

At five seconds before impact, the Volvo travelled at 135 km/h.

At three seconds before impact, the Volvo travelled at 142 km/h.

At one second before impact, the Volvo travelled at 112 km/h with 39% acceleration and the brake applied.

At impact, the Volvo travelled at 85 km/h with 37% acceleration and the brake applied.

Video/Audio/Photographic Evidence[2]

In-car Camera System (ICCS) Footage - the SO’s Cruiser

At 1:01:37 p.m., May 14, 2024, the SO drove east on Highway 7 through the intersection of Wilson Street West. He continued east and made a U-turn just before Drummond Street West, which was the first set of lights east of Wilson Street West. The SO continued west through the intersection of Wilson Street West and passed the OPP detachment on the northside of Highway 7, bringing the cruiser to a stop at the north curb of the highway in front of the Ultramar Gas Station at 1:02:49 p.m. The SO was subsequently captured driving southbound on Wilson Street West.

At 1:06:47 p.m., the SO arrived at the scene of the collision. The Complainant was on a stretcher with a blanket wrapped around him being tended to by paramedics. There was an ambulance with its emergency lights activated at the southwest corner of the intersection [now known to be Wilson Street West and Sunset Boulevard]. A black Hyundai, heavily damaged, was stopped on the sidewalk and a black Volvo, also damaged, was stopped on Wilson Street West south of the Hyundai.

Police Communications Recordings

On May 14, 2024, CW #2 reported a hit and run collision involving a black Volvo at Highway 7 and Concession Road 5. The driver was described as a 20-year-old Caucasian man with blonde hair and wearing a blue T-shirt. A partial licence plate for the black Volvo was provided.

At 12:52 p.m., dispatch provided the information to available police units in the vicinity of Highway 7, near Perth, as related by CW #2. The SO reported that a black Volvo was westbound on Highway 7, and had gone through a red light at high rate of speed - 150 km/h. The Volvo was out of sight.

At 1:05 p.m., a female civilian called the OPP and advised that she had heard a loud bang from a collision at Sunset Boulevard and Wilson Street West, Perth.

At 1:06 p.m., OPP police officers were at the scene of a collision at Sunset Boulevard and Wilson Street West, Perth.

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the OPP between May 14, 2024, and August 22, 2024:

• ACM data - Volvo;
• Body-worn camera footage;
• Communications recordings;
• Computer-assisted Dispatch Reports;
• Notes – WO #1, WO #2, WO #3, WO #4, WO #5, and the SO;
• Motor Vehicle Collision Report;
• Global Positioning System data – police vehicles;
• ICCS footage;
• OPP Policy - Suspect Apprehension Pursuits; and
• Stolen Car Report - black Volvo.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources on June 18, 2024:

• The Complainant’s medical records from OCH.

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

In the afternoon of May 14, 2024, CW #2 contacted police to report that he had just been involved in a motor vehicle collision. While travelling west on Highway 7 east of Perth, his vehicle had been struck by a black Volvo. He provided a description of the driver, who had fled the scene in the Volvo.

WO #1 and WO #2, each operating their own cruiser, travelled east on Highway 7 from Perth to intercept the Volvo. They came across the vehicle heading westbound towards Perth. The officers made U-turns but quickly disengaged.

The SO was also alerted to the Volvo. He headed eastbound on Highway 7 from the OPP detachment in Perth to locate it. The officer was stopped at the intersection of Highway 7 and Drummond Street West when he observed the Volvo pass him westbound at high speed. He too made a U-turn but lost visual of the Volvo and decided to disengage, coming to a stop in the westbound lanes of Highway 7 west of Wilson Street West. While stopped, he was approached by a civilian indicating that the Volvo had turned to travel south on Wilson Street West.

The SO drove east towards Wilson Street West and then south, coming to the scene of a motor vehicle collision at the intersection of Sunset Boulevard.

The Volvo had accelerated southbound into the intersection minutes before against a red light, striking a westbound Hyundai Santa Fe proceeding on a green light.

The Volvo had been reported stolen. Its driver fled the scene of the collision.

The driver of the Santa Fe, the Complainant, was transported to hospital and diagnosed with a fractured right 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.

The Complainant was seriously injured in a motor vehicle collision on May 14, 2024. As his vehicle was struck by another vehicle that police had attempted to stop minutes 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.

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 had information that the driver had fled the scene of a crash and was therefore within his rights when he initially decided to engage the Volvo. Having made his U-turn, however, the SO quickly lost sight of the speeding Volvo. He brought his cruiser to a stop west of Wilson Street West and only decided, minutes later, to resume his travel in search of the Volvo having been approached by a civilian witness. He made his way to the scene of the collision uneventfully. There is no indication of any want of care in any of this on the part of the officer.

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

Date: September 11, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit