News Release
No Charges Against OPP Officer After Cruiser Struck Man Walking Dog in Prince Edward County
Case Number: 21-PVI-401
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that an Ontario Provincial Police officer driving a cruiser committed a criminal offence in connection with a collision involving a 71-year-old man as he crossed the road in Picton last November.
On November 24, 2021, the officer, while behind the wheel of a marked police SUV, struck the man as he crossed the intersection at Maitland and Low Street while taking his dog for a walk. The man was later diagnosed with a broken left upper arm and rib fracture.
Director Martino was satisfied that the officer failed in his duty of care toward the man. The man had the right of way at the intersection, and it was incumbent on the officer to refrain from crossing the intersection until he could do so safely. However, while the officer’s indiscretions might give rise to civil liability or liability under the Highway Traffic Act, they did not constitute a marked departure from a reasonable standard of care. Accordingly, there were no reasonable grounds to believe the officer transgressed the limits of care prescribed by the criminal law in connection with the man’s serious injuries.
Full Director’s Report (with Incident Narrative, Evidence, and Analysis & Director’s Decision):
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
Lisez ce communiqué en français.
Kristy Denette, siu.media@ontario.ca
SIU Communications/Service des communications, UES