News Release
No Reasonable Grounds to Charge Peel Regional Police Officer in Relation to Collision With Civilian Vehicle
Case Number: 16-OVI-069
Other News Releases Related to Case 16-OVI-069
The Director of the Special Investigations Unit, Tony Loparco, has determined there are no reasonable grounds to lay criminal charges against a Peel Regional Police officer in relation to a vehicle collision that resulted in injuries to a 70-year-old woman in March of 2016.
Five investigators and two forensic investigators were assigned to this incident.
The SIU interviewed the injured woman and six civilian witnesses. The subject officer participated in an SIU interview but did not provide a copy of his duty notes, as is his legal right.
The Unit’s investigation also included analysis of accident reconstruction data and review of police policies.
The SIU investigation found the following:
- On Tuesday, March 8, 2016, at approximately 1 p.m., the subject officer received an emergency radio call concerning an unconscious woman who was potentially absent vital signs. At the time, the officer was travelling southbound on Nasmith Street in Brampton. Given that the call was approximately one kilometre north of his position, he executed a U-turn and began travelling northbound on Nasmith towards Bovaird Drive.
- The subject officer approached the intersection with his emergency lights and siren active. When the officer entered the intersection against the red light, he was T-boned by a vehicle which was travelling westbound. As a result of the collision, the civilian sustained a fractured sternum. The subject officer suffered a concussion as well as whiplash injuries.
Director Loparco said, “I am not left in any doubt that when the subject officer entered the intersection, he did so against a red light. The critical question is whether or not the officer came to a full stop before entering the intersection. If the officer entered the intersection without coming to a full stop, then categorically he would be unable to avail himself of section 144(20) of the Highway Traffic Act. This section affords an exception to the requirement to stop at a red light for emergency vehicles, provided the driver first comes to a complete stop and then only proceeds when it is safe to do so.”
Director Loparco continued, “The in-car crash data from the subject officer’s police vehicle confirms that he was travelling at only 2 km/h five seconds prior to the collision. This is consistent with him coming to a stop prior to entering the intersection. The compelling conclusion is that if the officer did not come to a full stop, he at least slowed down to the point of a near-stop prior to entering the intersection.
“Before entering the intersection, the officer activated his emergency equipment. While proceeding through the intersection, he was struck by the civilian’s vehicle on the passenger side. The officer first saw the vehicle approximately one to two seconds prior to impact. He had no time to maneuver his vehicle in order to avoid the collision.”
Director Loparco concluded, “In all of the circumstances, there is nothing to suggest that the officer’s conduct rose to the level of dangerous driving because his actions do not constitute a marked departure from the standard of care expected from a trained police officer. As such, there are no reasonable grounds to believe that an offence has been committed and no charges will issue.”
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