News Release

News Release

SIU Concludes Etobicoke Vehicle Injuries Investigation

Case Number: 13-TVI-210   

Mississauga (17 September, 2013) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge a Toronto Police Service (TPS) officer with any criminal offence in relation to the injuries sustained by a 24-year-old motorcyclist last month.

The SIU assigned five investigators, three forensic investigators and a collision reconstructionist to probe the circumstances of this incident. As part of the investigation, 12 civilian witnesses were interviewed. The subject officer consented to an interview with the SIU and supplied a copy of his duty notes.

The SIU investigation found that the following events took place on Wednesday, August 21, 2013:
• Shortly after noon, the subject officer was riding his marked motorcycle north on Kipling Avenue, south of Horner Avenue. 
• A Suzuki motorcycle operated by the 24-year-old male drove by the subject officer and came to a stop at red traffic lights at the corner of Kipling Avenue and Horner Avenue behind other traffic. The subject officer stopped beside the Suzuki and noted that the licence plate on the motorcycle was bent up under the rear fender, obscuring the plate. The subject officer read the plate by leaning over. He then asked the Suzuki rider why the plate was bent. The motorcyclist did not respond and proceeded to accelerate rapidly between the two northbound lanes of traffic stopped at the light, continuing north on Kipling Avenue. The subject officer did not enter into a suspect apprehension pursuit, and lost sight of the motorcycle. 
• The subject officer continued northbound on Kipling Avenue after the lights changed to green. At Evans Avenue, the officer came across the complainant lying on the roadway in obvious distress. The subject officer radioed for assistance and requested an ambulance. 
• The man was transported to St. Michael’s Hospital where he was diagnosed with several serious injuries, including chest injuries, a collapsed lung and a fractured left arm.

According to the collision reconstructionist’s report, the right side of the front tire of the complainant’s motorcycle came into contact with the east concrete curb of Kipling Avenue, slightly before the intersection of Kipling and Evans Avenues. There is no suggestion of contact between the subject officer’s motorcycle and the one driven by the complainant.

Director Scott said, “In my view, the subject officer did nothing wrong in these circumstances.  He had the lawful authority to make inquiries of the obscured licence plate on the complainant’s motorcycle at the Kipling and Horner Avenue intersection. Further, the officer did not enter into a suspect apprehension pursuit in compliance with both the internal TPS directive on motorcycle pursuits and the regulation under the Police Services Act more generally governing suspect apprehension pursuits. The rider of the Suzuki chose to flee from the officer and drive in a dangerous manner, leading to his losing control of the motorcycle and his serious injuries upon impact with the roadway. In my view, the complainant was the author of his own misfortune, and the subject officer cannot be held criminally liable for the complainant’s actions in these circumstances.”

The SIU is an independent government agency that investigates the conduct of officials (police officers as well as special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must

• consider whether the official has committed a criminal offence in connection with the incident under investigation
• depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
• publicly report the results of its investigations