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 25-year-old man (the “Complainant”).

Notification of the SIU[1]

On November 17, 2024, at 6:01 p.m., the Ontario Provincial Police (OPP) notified the SIU of an injury to the Complainant.

According to the OPP, on November 17, 2024, at 2:00 p.m., an OPP police officer was northbound on Weston Road, North York, when an Automated Licence Plate Recognition (ALPR) hit was received on a Nissan Rogue indicating unattached plates. The officer was in the right lane, while the Nissan Rogue was in the left lane. The officer activated the emergency lighting and an uninvolved Hyundai Tucson in front of the officer’s cruiser pulled over and stopped in the right lane. The officer pulled in behind the Nissan Rogue, at which point it moved from the left lane to the right lane and collided with the rear of the Hyundai Tucson. Upon impact, a passenger in the Nissan Rogue, the Complainant, who was not wearing his seatbelt, hit his head on the seat in front of him. He declined medical attention at the scene, but later attended Humber River Hospital (HRH) where he was diagnosed with a fractured nose. The motor vehicle collision was investigated by the Toronto Police Service (TPS).

The Team

Date and time team dispatched: 2024/11/18 at 7:27 a.m.

Date and time SIU arrived on scene: 2024/11/18 at 10:28 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 0

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on November 19, 2024.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

The civilian witnesses were interviewed between November 19 and 20, 2024.

Subject Official (SO)

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

The Scene

The events in question transpired in the northbound lanes of Weston Road, Toronto, a distance north of Highway 401.

Weston Road was a paved five-lane road: two lanes for north and southbound traffic and a centre lane for shared left turns.

Forensic Evidence

OPP Global Positioning System (GPS) Data from the SO’s Police Vehicle

On November 17, 2024, starting at 2:00:03 p.m., the SO was eastbound on the exit ramp of eastbound Highway 401, approaching Weston Road at 15 km/h.

Starting at 2:00:36 p.m., the SO was northbound on Weston Road at the westbound Highway 401 exit ramp, driving at 56 km/h.

Starting at 2:01:39 p.m., the SO was northbound on Weston Road, just south of the collision scene, at 44 km/h.

Starting at 2:01:51 p.m., the SO was stopped on Weston Road, south of Bradmore Avenue, at the collision scene.

Video/Audio/Photographic Evidence[2]

OPP In-car Camera Footage

On November 17, 2024, starting at 2:00:58 p.m., a Nissan Rogue [driven by CW #1] was northbound on Weston Road in the left lane. The OPP cruiser [driven by the SO] was behind CW #1 in the right lane.

Starting at 2:01:33 p.m., the SO moved to the left lane behind CW #1. A vehicle [driven by CW #2] was in the distance in the right lane.

Starting at 2:01:35 p.m., CW #2’s Hyundai’s brake lights illuminated and the right turn signal activated. CW #1 made a sudden movement to the right before correcting and gradually moving into the right lane.

Starting at 2:01:42 p.m., CW #1’s vehicle struck the back of CW #2’s stopped vehicle. The brake lights of CW #1’s vehicle illuminated after impact.

OPP Communications Recordings - Radio

On November 17, 2024, starting at 2:01:54 p.m., the SO advised the Provincial Communications Centre of a collision on Weston Road, north of Highway 401.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP between November 17, 2024, and November 29, 2024:

• Names and roles of involved police officers
• General Report
• Computer-aided Dispatch Report
• Communications recordings
• In-car-camera video
• GPS data from the SO’s cruiser

The SIU obtained the Motor Vehicle Collision Report from the TPS on November 19, 2024.

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from HRH on November 25, 2024.

The events in question, clear on the evidence collected by the SIU, may briefly be summarized. 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 November 17, 2024, the SO, northbound on Weston Road north of Highway 401, activated his emergency equipment to stop a Nissan Rogue in front of him. His ALPR had identified the Nissan with unauthorized plates.

The Complainant was a backseat passenger in the Nissan, operated by CW #1. CW #1 pulled into the curb lane to stop for the officer. In doing so, she struck the rear of a Hyundai Tucson that had stopped ahead of her in the curb lane. Its driver – CW #2 – had also pulled to the right upon seeing the cruiser behind with its emergency equipment on.

The Complainant struck his face against the back of the front passenger seat in the collision. He was transported to hospital and diagnosed with a fractured nose.

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.

Section 12(1), Highway Traffic Act – Violations as to Number Plates

12 (1) Every person who,

(a) defaces or alters any number plate, evidence of validation or permit;

(b) uses or permits the use of a defaced or altered number plate, evidence of validation or permit;

(c) without the authority of the permit holder, removes a number plate from a motor vehicle or trailer; and

(d) uses or permits the use of a number plate upon a vehicle other than a number plate authorized for use on that vehicle;

(e) uses or permits the use of evidence of validation upon a number plate displayed on a motor vehicle other than evidence of validation furnished by the Ministry in respect of that motor vehicle; or

(f) uses or permits the use of a number plate or evidence of validation other than in accordance with this Act and the regulations,

is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000 or to imprisonment for not more than thirty days, or to both, and in addition the person’s licence or permit may be suspended for not more than six months.

The Complainant was seriously injured in a motor vehicle collision on November 17, 2024. As the vehicle in which he was an occupant was being pulled over at the time by an OPP officer, 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 was engaged in the lawful discharge of his duties through the series of events culminating in the collision. He had information that CW #1 was operating a vehicle with unauthorized licence plates, and was entitled to pull her over for a traffic infraction under section 12(1)(d) of the Highway Traffic Act.

It is also apparent that the SO operated his cruiser with due care and attention for public safety at all times. His speeds were reasonable as he followed the Nissan and then activated his emergency equipment. And there is no indication of the officer’s driving having forced CW #1 into a collision. CW #1 had every opportunity to avoid the collision but, for whatever reason, struck the Hyundai anyway.

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

Date: March 17, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit