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 13-year-old male (the “Complainant”).

Notification of the SIU[1]

On July 23, 2024, at 3:08 a.m., the Toronto Police Service (TPS) notified the SIU of an injury to the Complainant.

According to the TPS, on July 22, 2024, at 10:30 p.m., TPS received information that a firearm discharge, thought to be coming from a blue all-terrain vehicle (ATV), had occurred in the 31 Division area. Officers attended and located no shell casings. Two officers observed a blue ATV and, with no emergency equipment activated, began to follow it with their cruisers. In the area of Sheppard Avenue West and Laura Road, the cruiser ran into the back of the blue ATV and ended up on top of it. The driver, the Complainant, was trapped under the ATV while the passenger, the Civilian Witness (CW), ran away. It took about 20 minutes to extricate the Complainant, who had a leg injury described as a gash. The Complainant was admitted to The Hospital for Sick Children (HSC) for observation. The CW was located, taken to Humber Hospital as a precaution, and diagnosed with no injuries.

The Team

Date and time team dispatched: 2024/07/23 at 3:52 a.m.

Date and time SIU arrived on scene: 2024/07/23 at 5:10 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 1

Number of SIU Collision Reconstructionists assigned: 1

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on July 30, 2024.

Civilian Witness

CW Not interviewed (declined)

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

WO #4 Not interviewed; notes reviewed and interview deemed unnecessary

The witness officials were interviewed between July 31, 2024, and August 1, 2024.

Investigative Delay

Delay was incurred owing to workload pressures in the Director’s Office.

The Scene

The events in question transpired on Laura Road between Stanley Road and Sheppard Avenue West, Toronto.

Scene Diagram

Physical Evidence

Laura Road aligned in a north-south direction and intersected Sheppard Avenue West at a T-junction. Laura Road was a residential street with a posted speed limit of 40 km/h. On July 22, 2024, the weather was clear and dry. Streetlights were positioned along the west side of Laura Road, which provided artificial lighting.

The collision occurred on Laura Road, about 25 metres north of Sheppard Avenue West, and dragged about 25 metres south into the intersection of Sheppard Avenue West.

On July 23, 2024, SIU attended, examined and photographed the scene.

Figure 1 – View south on Laura Road at Sheppard Avenue West, with line markings showing the direction of travel post-collision and the final resting position.

Figure 2 – The collision scene with a view north on Laura Road

SIU examined the Complainant’s blue ATV and the SO’s marked Ford SUV. The ATV was damaged extensively. The marked Ford SUV had front end and undercarriage damage.

Figure 3 – Front end damage to the SO’s cruiser

Figure 4 – Damaged ATV

Forensic Evidence

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

On July 22, 2024, at 9:55 p.m., the SO was on Stanley Road, headed towards Jane Street. His rates of speed, to this point, were unremarkable.

At 9:56:38 p.m., the SO was westbound on Stanley Road. His rate of speed increased from 64 km/h to 88 km/h. About 50 metres east of Laura Road, his speed slowed to 77 km/h. The SO turned left onto Laura Road and drove southbound. The posted speed limit on Laura Road was 40 km/h.

At 9:57:02 p.m., the SO drove southbound on Laura Road. His speed, 77 km/h, increased to 112 km/h within four seconds. Four seconds later, at 9:57:10 p.m., the SO’s speed slowed to 98 km/h. He was about 35 metres north of the location where the collision occurred.

Expert Evidence

On July 23, 2024, a SIU technical motor vehicle collision investigator and reconstructionist attended the scene and conducted an examination.

The posted speed limit on Laura Road was 40 km/h and the road was lit by overhead streetlights on the west side. There were two tire marks at the scene that commenced in the southbound side of Laura Road, in front of 4 Laura Road, and stretched a distance of 31.7 metres into the intersection of Sheppard Avenue West.

The tire marks were consistent with the front of the cruiser having collided with the rear of the ATV, the cruiser having partially mounted the rear of the ATV in the process. The front tires of the cruiser were lifted off the ground at impact, resulting in no steering control for the driver of the cruiser. The majority of braking was located in the front of the cruiser, which caused the cruiser and ATV to slide together, uncontrolled, towards the intersection.

Upon examination of the cruiser and ATV, the mechanical fitness of both vehicles did not contribute to this collision, and no defects were identified. The rear brake light of the ATV was in working order. There were no data available from the air bag control module of the cruiser as no collision event had been captured. The speed of the cruiser at the time of the collision was unascertained.

Video/Audio/Photographic Evidence[2]

Body-worn Camera (BWC) Footage – The SO, WO #1 and WO #2

Starting at about 9:56:48 p.m., July 22, 2024, WO #1 was captured sitting in the front passenger seat of a cruiser as it travelled on a suburban street [later identified as westbound on Stanley Road]. The SO slowed for a stop sign and turned left [southbound] onto Laura Road.

Starting at about 9:57:05 p.m., WO #1 raised the cruiser’s handheld microphone towards her.

Starting at about 9:57:11 p.m., the front of the cruiser lifted off the ground. Five seconds later, the vehicle came to a stop. WO #1 sounded shocked and exited the cruiser. She arrested the CW for ‘discharge of a firearm’. The SO’s cruiser was stationary and positioned on top of a blue ATV. The Complainant was standing with his left leg trapped between the cruiser and ATV. The SO tried to free the Complainant and WO #1 requested emergency medical services (EMS). Other officers arrived and attempted to lift the cruiser off the ATV.

EMS arrived at about 10:05 p.m. and worked to free the Complainant.

Starting at about 11:10:22 p.m., the Complainant was freed and taken to an ambulance.

In-car Camera (ICC) Footage – The SO, WO #3 and Officer #1

[The SO’s ICC system activated three times for short periods of 32, 34 and 37 seconds. There was no recording of evidentiary value. The collision was not captured, and the ATV was not seen on the ICC recording.]

On July 22, 2024, starting at about 9:56 p.m., WO #3 drove east on Sheppard Avenue West with WO #2. They discussed heading off the ATV. Radio calls in the background advised that the ATV was travelling east on Claire Road. WO #3 turned north into Laura Road and, at 9:57:03 p.m., a blue ATV headed towards WO #3, travelling south on Laura Road with no headlights on. The SO and WO #1 followed the ATV and were about 70 metres behind. After they had passed by WO #3 and were out of view, WO #1 announced on the radio they were initiating a traffic stop. WO #3 performed a U-turn to follow the SO and drove south on Laura Road. WO #3 and WO #2 came across the collision. WO #1 stood on the road with the CW on the ground. The SO’s cruiser was on top of the ATV.

Video Footage from a Residence

On July 22, 2024, starting at about 9:56:51 p.m., a marked cruiser [driven by WO #3] drove north on Laura Road. Thirteen seconds later, an ATV entered the recording from the north side, headed south. The SO’s cruiser appeared close behind. The ATV was difficult to see because it had no headlight activated. The SO’s cruiser drove up and on top of the ATV, which appeared to bounce. The cruiser remained on top with the front wheels off the ground. Both vehicles continued towards Sheppard Avenue West, out of view. About 13 seconds later, WO #3 arrived from the north end of Laura Road with emergency lights activated, followed by Officer #1.

TPS Communications Recordings

On July 22, 2024, at 2:34 p.m., a witness called 911 to report gunshots in the area of Finch Avenue West and Keele Street, and a vehicle speeding away. Another caller phoned 911 at 5:32 p.m. to report a blue ATV being driven fast at Jane Street and Sheppard Avenue West.[3]

Starting at about 9:44 p.m., a police officer reported seeing a blue ATV in the area of Sheppard Avenue West and Jane Street that was possibly involved in a shooting earlier. A TPS officer called over the radio that a blue ATV had been involved in a shooting about three or four weeks earlier.

Starting at about 9:51:56 p.m., a message was received from the Gun and Gang Task Force to obtain a licence plate of the ATV or identity of the riders, and to pass the information along.

Starting at about 9:54:26 p.m., a police officer reported the ATV was eastbound on Claire Road.

Starting at about 9:57:23 p.m., WO #1 broadcast that they saw the ATV, and were southbound on Laura Road and going to “light them up”.[4] Thirty seconds later, WO #1 advised that a collision had occurred and requested an ambulance and fire services.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the TPS between July 26, 2024, and October 20, 2024:

• BWC footage – the SO, WO #1 and WO #2 and WO #4
• ICC footage – WO #3’s cruiser
• General Occurrence Report
• Court Synopsis
• Communications recordings
• Computer-aided Dispatch Report
• Policies – Suspect Vehicle Apprehension Pursuits & Arrest
• Notes – WO #3, WO #1, WO #2 and WO #4

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between July 23, 2024, and October 28, 2024:

• The Complainant’s medical records from HSC
• Video footage from a Residence

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

The Complainant was operating a blue ATV in the area of Jane Street and Sheppard Avenue West in the evening of July 22, 2024. The CW rode with the Complainant as a passenger in the back seat. Turning to travel south on Laura Road from westbound Stanley Road, the Complainant was about 25 to 30 metres north of Sheppard Avenue West when the rear of the ATV was struck by a police cruiser.

The cruiser was being operated by the SO. WO #1 was his front seat passenger. The officers had been patrolling the area looking for a blue ATV following reports of a shooting earlier that day. Information had been broadcast suggesting the blue ATV was connected with that shooting, as well as a shooting from a few weeks prior. The officers located the Complainant’s blue ATV travelling west on Stanley Road and the SO accelerated to catch up, turning left onto Laura Road after the vehicle. At the point of impact with the ATV, the front end of the cruiser climbed atop, and became fixed to, the rear of the ATV. The vehicles came to a stop on Laura Street just into the Sheppard Avenue West intersection.

The CW was knocked off the ATV in the collision and was fortunate to escape serious injury. The Complainant’s left leg was pinned to the ATV by the cruiser. He was extricated by fire services, taken to hospital and diagnosed with nerve damage in the leg.

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.

On July 22, 2024, the Complainant was seriously injured in Toronto when the vehicle he was operating was struck by a TPS cruiser. The SIU initiated an investigation naming the driver of the cruiser – 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 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.

Given the information at his disposal, the SO was within his rights in attempting to stop the ATV for investigation of its possible link to firearm discharges.

With respect to the manner in which the SO operated his cruiser, the evidence falls short of reasonably establishing it transgressed the limits of care prescribed by the criminal law. There are aspects of the SO’s driving that are subject to legitimate scrutiny. His top speed – about 112 km/h – south on Laura Road was well above the 40 km/h speed limit. The danger inherent in that type of speed was exacerbated by the low lighting conditions at the time, the residential nature of the neighbourhood and the officer’s failure to activate his emergency lights or siren. Additional aggravating factors included the SO driving through the four-way stop sign on Stanley Road at Laura Road without stopping, and the fact that he was pursuing motorists on a vehicle that left them particularly vulnerable – an ATV.[5] On the other side of the ledger, the SO’s speeds were relatively short-lived, did not directly imperil third-party motorists, and were made necessary in some measure by the officer’s legitimate effort to catch up to the ATV. Moreover, it is important to note that the SO’s driving would have been motivated by a pressing public interest, namely, the investigation of a vehicle and its occupants for their possible association with shootings. Lastly, the evidence indicates that the Complainant might well have drifted to the left into the path of the cruiser as the police vehicle closed the gap and was pulling up beside it. This does not relieve the officer of his share of the responsibility for the collision that occurred, but it does suggest the incident was not entirely of his own doing. In the final analysis, when the SO’s indiscretions are weighed in the balance with the extenuating considerations, I am unable to reasonably conclude with any confidence that the officer’s driving amounted to a marked departure from a reasonable level of care in the circumstances.

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

Date: April 23, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit