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 injuries of a 42-year-old man (the “Complainant”).

Notification of the SIU[1]

On April 20, 2026, at 2:08 a.m., the York Regional Police (YRP) contacted the SIU with the following information.

On April 19, 2026, at 10:04 p.m., a resident of an address in the area of Teston Road and Keele Street, Vaughan, phoned 911 to report a disturbance on the street outside their house. A male on a motorcycle was said to be arguing with someone and racing around the streets. The Subject Official (SO) responded and arrived on scene at 10:16 p.m. He located the rider sitting on his motorcycle arguing with someone and activated his cruiser’s emergency lights. The motorcyclist attempted to flee but lost control almost immediately and fell off his motorcycle. The motorcyclist, identified as the Complainant, was not wearing a helmet. He was wanted on two warrants and a breach of conditions. The SO arrested the Complainant for the warrants and impaired driving, and requested Emergency Medical Services (EMS). He was taken to Sunnybrook Hospital, diagnosed with a brain bleed, and admitted to hospital.

The Team

Date and time team dispatched: 2026/04/20 at 2:33 a.m.

Date and time SIU arrived on scene: 2026/04/20 at 9:46 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 2

Affected Person (aka “Complainant”)

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

The Complainant was interviewed on April 20, 2026.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

The civilian witnesses were interviewed between April 20 and 21, 2026.

Subject Official (SO)

SO Interviewed, but declined to submit notes, as is the subject official’s legal right

The subject official was interviewed on May 19, 2026.

The Scene

The events in question transpired on a residential street in Vaughan in the area of Teston Road and Keele Street.

The street was a two-way, east/west, paved street illuminated by streetlights. Road conditions were clear and dry at the time of the incident.

Physical Evidence

SIU forensic services photographed the scene.

Video/Audio/Photographic Evidence[2]

YRP Communications Recordings & Computer-aided Dispatch (CAD) Report

On April 19, 2026, starting at 10:04 p.m., CW #1 reported a motorcycle revving its engine and racing around the neighbourhood.

Starting at 10:12 p.m., the SO was dispatched to respond. The motorcycle was said to have crashed upon his arrival. The SO requested EMS and advised that the rider [the Complainant] was not wearing a helmet.

Starting at 10:22 p.m., the SO advised that the Complainant had consumed alcohol and drugs, and was cautioned for impaired operation of a motor vehicle.

YRP In-car Camera (ICC) Footage

On April 19, 2026, starting at 10:15 p.m., the SO responded to a call for service and arrived on scene at 10:16:10 p.m.

Starting at 10:16:11 p.m., the Complainant was observed on his motorcycle facing the same direction in which the SO was travelling. The Complainant immediately accelerated forward and the SO activated his emergency lights.

Starting at 10:16:14 p.m., the Complainant lost control of his motorcycle and fell onto the roadway.

Starting at 10:26:08 p.m., the SO spoke with another police officer and said, “I lit him up and he tried to speed off and he crashed.”

Materials Obtained from Police Service

Upon request, the SIU received the following materials from the YRP between April 23, 2026, and July 3, 2026:

• General Occurrence / Arrest Report
• Motor Vehicle Collision Report
• ICC footage – the SO
• Police communications recordings
• CAD Report
• YRP Suspect Apprehension Pursuits Policy

Materials Obtained from Other Sources

The SIU obtained the Complainant’s medical records from Sunnybrook Hospital on June 20, 2026.

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

In the evening of April 19, 2026, police were dispatched to the area of Teston Road and Keele Street in Vaughan following a call to police about a motorcyclist revving his engine and racing in the neighbourhood. The SO made his way to the scene travelling on residential roadways. As he continued towards a group of people east of his location and turned on his emergency lights, a motorcyclist who had been stationary on the roadway accelerated away at speed. He immediately lost control of the motorcycle and fell onto his left side, impacting the roadway with force.

The motorcyclist was the Complainant. He was intoxicated at the time and not wearing a helmet.

The SO quickly called for ambulance and exited his vehicle to render aid.

The Complainant was taken to hospital and diagnosed with a traumatic brain injury, temporal bone fractures, fractures of the left clavicle and scapula, and cerebrovascular injury of the left internal carotid artery.

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.

The Complainant was seriously injured in a fall from his motorcycle on April 19, 2026. As he was fleeing from a YRP cruiser at the time, 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 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. There clearly was not.

The SO was engaged in the lawful exercise of his duty as he responded to the scene to investigate a complaint of a motorcycle being operated in a dangerous fashion. The evidence establishes that the SO operating his cruiser in a reasonable manner throughout the events in question. He had just come upon the motorcyclist and activated his emergency lights when the Complainant took off from him. The Complainant’s flight from police was essentially over the moment it started; he immediately lost control of the motorcycle and was thrown from the vehicle, impacting the roadway. The SO had not accelerated after the Complainant (he did not have that opportunity), nor did he ever make contact with the motorcycle. On this record, it is apparent that the SO did not transgress the limits of care prescribed by the criminal law.

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

Date: August 7, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit