SIU Director’s Report - Case # 20-TVI-206

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Mandate of the SIU

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault. The Unit’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the Police Services Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether an officer has committed a criminal offence in connection with the incident under investigation. If, after an investigation, there are reasonable grounds to believe that an offence was committed, the Director has the authority to lay a criminal charge against the officer. Alternatively, in all cases where no reasonable grounds exist, the Director does not lay criminal charges but files a report with the Attorney General communicating the results of an investigation.

Information Restrictions

Freedom of Information and Protection of Privacy Act (“FIPPA”)

Pursuant to section 14 of FIPPA (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 whose release 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 of FIPPA (i.e., personal privacy), protected personal information is not included in this document. This information may include, but is not limited to, the following:
  • Subject Officer name(s);
  • Witness Officer name(s);
  • Civilian Witness name(s);
  • 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 (“PHIPA”)

Pursuant to PHIPA, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may have also 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.

Mandate Engaged

The Unit’s investigative jurisdiction is limited to those incidents where there is a serious injury (including sexual assault allegations) or death in cases involving the police.

“Serious injuries” shall include those that are likely to interfere with the health or comfort of the victim and are more than merely transient or trifling in nature and will include serious injury resulting from sexual assault. “Serious Injury” shall initially be presumed when the victim is admitted to hospital, suffers a fracture to a limb, rib or vertebrae or to the skull, suffers burns to a major portion of the body or loses any portion of the body or suffers loss of vision or hearing, or alleges sexual assault. Where a prolonged delay is likely before the seriousness of the injury can be assessed, the Unit should be notified so that it can monitor the situation and decide on the extent of its involvement.

This report relates to the SIU’s investigation into serious injuries sustained by a 21-year old man (Complainant #1) and a 23-year-old woman (Complainant #2).

The Investigation

Notification of the SIU

On August 20, 2020, at 9:00 p.m., the Toronto Police Service (TPS) notified the SIU of an injury to Complainant #1.

The TPS advised that on August 20, 2020, at 3:37 p.m., two TPS police officers were doing speed enforcement in the Sheppard Avenue and Keele Street area. One of the police officers was on foot with the radar and the other was in the cruiser doing his notes. A Porsche Cayenne went through the area speeding and failed to stop when directed by the police officer. The police officers pursued the Porsche and while the cruiser was in a dip in the road the police officers lost sight of the vehicle. When the cruiser reached the crest of the hill, they observed the Porsche had been involved in a collision. The Porsche had struck a cube van driven by Complainant #1’s father. The Porsche then hit a pedestrian followed by another vehicle (driver and passenger cleared at North York General Hospital). The driver of the Porsche and the driver of the cube van and his son were taken to Humber River Regional Hospital (HRRH). Complainant #1 was diagnosed with a fractured wrist. No serious injuries were diagnosed for Complainant #1’s father or the driver of the Porsche. The pedestrian was taken to HRRH and cleared without serious injury.

The Team

Number of SIU Investigators assigned: 4
Number of SIU Forensic Investigators assigned: 2
 

Complainants

Complainant #1 21-year-old male interviewed, medical records obtained and reviewed
Complainant #2 23-year-old female interviewed, medical records obtained and reviewed


Civilian Witnesses

CW #1 Interviewed
CW #2 Interviewed
CW #3 Interviewed
CW #4 Interviewed
CW #5 Interviewed
CW #6 Interviewed
CW #7 Not interviewed (Declined)

Witness Officers

WO #1 Interviewed
WO #2 Interviewed
WO #3 Interviewed
WO #4 Interviewed


Subject Officers

SO Interviewed, and notes received and reviewed


Evidence

The Scene

The scene was located at the intersection of Keele Street and Sheppard Avenue.

The initial dispatch information indicated a vehicle had passed through radar at a high rate of speed. When it tried to negotiate the corner at Keele Street and Sheppard Avenue it struck a large commercial truck which then struck a smaller commercial van. The vehicle then struck a bus shelter bench coming to a stop. A passenger in the second commercial van sustained a serious injury.

There were three vehicles on scene:

Vehicle 1 was a silver 2003 four door Porsche Cayenne S. The vehicle was situated on the west side of the southwest sidewalk against a large sign. It was facing in a westerly direction. The vehicle had extensive damage to its front end and rear left corner. Both front seat airbags deployed. This vehicle was determined to have been driven by CW #7.

Figure 1- The Porsche driven by CW #7.

Figure 1- The Porsche driven by CW #7.


Vehicle 2 was a white 2018 two door Hino truck. The vehicle was straddling the Keele Street northbound left turning lane and lane one, facing southeast. It had damage to its front end, the front passenger door and the front left corner of the vehicles box. This vehicle was determined to have been driven by CW #3.

Figure 2 - The truck driven by CW #3.

Figure 2 - The truck driven by CW #3.


Vehicle 3 was a 2020 white two door GMC Savana van. The vehicle was straddling the Keele Street northbound median and was facing in a southeast direction. It was behind vehicle 2. It had damage to its front end, front right and front left quarter panels. This vehicle was determined to have been driven by CW #2.

Figure 3 - The van driven by CW #2.

Figure 3 - The van driven by CW #2.

Scene Diagram

Scene diagram

Physical Evidence

A forensic investigator attended TPS 31 Division. In the parking lot at the rear of the building the investigator photographed a fully marked TPS cruiser said to be involved in this incident.

The cruiser was a fully marked and decaled Ford SUV. This vehicle did not display any damage anywhere.

Forensic Evidence


TPS Global Positioning System (GPS) / Automatic Vehicle Locator (AVL) Data


The AVL / GPS data were recorded on August 20, 2020 and indicated the following:

At 3:33:24 p.m., the SO was in the eastbound lanes, [1] east of the entrance into Downsview Dells Park, at 74 km/h. This was the first data point provided by the TPS.

At 3:33:28 p.m., the police cruiser was doing 65 km/h and, at 3:33:29 p.m., it was doing 48 km/h. For this and the next four data points, the SO appeared to be in either eastbound lane #1 (numbered from the centre towards the curb), or perhaps in the common centre left turn lane. At 3:33:31 p.m., the SO was doing 61 km/h at Seeley Drive and, at 3:33:34 p.m., 74 km/h east of Seeley Drive.

At 3:33:35 p.m., the SO was doing 83 km/h west of Sunfield Road and, at 3:33:40 p.m., 24 km/h at the traffic signal light-controlled intersection at Sentinel Road. This was consistent with the SO slowing or even stopping.

At 3:33:45 p.m., the SO was doing 54 km/h east of Sentinel Road in the eastbound lanes. As per Google Maps there was a posted 60 km/h speed limit sign just east of Sentinel Road.

At 3:33:50 p.m., the SO was doing 78 km/h about halfway between Sentinel Road and Keele Street. As per Google Maps there was a traffic light signalized painted pedestrian crossover at this location.

At 3:33:58 p.m., the SO was doing 74 km/h, 85 metres west of Keele Street.

The next data point was not until three minutes later when the SO’s police vehicle was in the area of a building on the south side of Sheppard Avenue West and west of Keele Street.

The SIU reconstructionist performed the following time/distance calculations using the GPS/AVL data of the SO’s travel eastbound on Sheppard Avenue West from about Downsview Dells Park to just west of Keele Street. In between the 10 data points, the SO travelled about 650 metres in about 34 seconds for an average speed of 68 km/h. The maximum speed recorded on the AVL for the SO was 83 km/h in what would appear to be a posted 60 km/h speed limit zone.

Video/Audio/Photographic Evidence


In-Car Camera System (ICCS) Recording from the SO’s Cruiser


On August 20, 2020, the TPS cruiser was being operated by the SO and WO #1. The ICCS recorded both audio and video with a view through the front windshield and also looking to the rear seat area. The ICCS of the TPS cruiser between the hours of 3:32:39 p.m. and 4:47:13 p.m. captured the following:

At 3:32:39 p.m., the police cruiser was seen to be stationary in the entranceway of Downsview Dells Park, facing north with a view of Sheppard Avenue. The ICCS recorded 20 seconds of footage prior to it being activated by the cruiser’s operator (this information was provided during the interview of the SO). At 3:32:58 p.m., WO #1 was seen stepping into the camera’s view at the east corner of the park’s entranceway at Sheppard Avenue West. WO #1 stepped closer to the roadway and appeared to be signaling with his right hand to a silver SUV vehicle [known to be a silver Porsche Cayenne driven by CW #7] traveling eastbound on Sheppard Avenue West. The Porsche continued eastbound past WO #1 and out of the camera’s view. WO #1 walked toward the police cruiser which became mobile and drove towards WO #1.

The police cruiser stopped briefly at Sheppard Avenue West (it is known that WO #1 entered the vehicle at that time) and then proceeded east onto Sheppard Avenue West. The police cruiser’s siren was activated once on Sheppard Avenue West. The Porsche Cayenne was not visible ahead of the police cruiser. At 3:34:01 p.m., as the police cruiser approached Keele Street, WO #1 said, “Back there, back there.” The traffic lights for eastbound Sheppard Avenue West were green at that time.

A TTC bus was stopped facing south in the southbound curb lane of Keele Street at a bus stop on the southwest corner of the intersection (it is known that this was the location of the collision involving the pursued Porsche); however, the collision scene was not visible via the ICCS. The SO and WO #1 stopped the police cruiser, backed up and turned around to drive west on Sheppard Avenue West. WO #1 said, “Guy’s running.” Pedestrians at the plaza on the southwest corner were yelling and one pedestrian was seen pointing toward the west.

At 3:34:17 p.m., the police cruiser stopped and the SO said, “Go, Go.” A car door opened and closed (it is known that WO #1 got out to give chase on foot). The SO continued to drive west and turned left (south) into a rear driveway of an apartment complex (this address is known to be 1395 Sheppard Avenue West). The apartment complex was to the SO’s left; a long wooden fence on the right separated the apartments from another residential area. At 3:34:41 p.m., the SO stopped the police cruiser and ran on foot in a southwest direction toward the wooden fence and out of the camera view.

At 3:35:28 p.m., WO #1 arrived at the police cruiser, entered and drove it away southbound (It is known that the SO had left the vehicle running). WO #1 drove through a residential subdivision to 15 Norman Wesley Way where the SO was kneeling over CW #7. CW #7 was lying on his left side on the driveway, hands were cuffed behind his back. Other police officers and the police dispatcher were talking over the cruiser’s radio broadcasting information regarding the collision at Sheppard Avenue West and Keele Street.

WO #1 exited the cruiser and walked to where the SO had CW #7 in custody. WO #1 asked CW #7, “Why you running man?” CW #7 replied, “My brakes failed.” WO #1 said, “Your brakes failed. You hit the gas and then you ran,” CW #7 repeated, “My brakes failed.” WO #1 replied, “You don’t run because your brakes failed. That’s not a reason to run from the car.” The SO and WO #1 stood over top of CW #7 and conducted a search of CW #7’s person. During the search SO and WO #1 commented on finding a large amount of cash on CW #7.

At 3:38:13 p.m., the SO helped CW #7 to his feet by holding CW #7’s right arm. CW #7 was walked to the front driver’s side of the police cruiser. CW #7 was limping and favouring his left leg. CW #7 was leaned over the police cruiser’s hood where the SO conducted a further search. At 3:40 p.m., CW #7 was seated in the backseat of the police cruiser. CW #7 continued to favour his leg and sounded to be in some pain.

At 4:22:35 p.m., CW #7 kicked both shoes off his feet. Both his legs appeared to be moving freely. At 4:26:55 p.m., the audio component resumed recording. CW #7 asked if he was going to get medical attention and was told an ambulance had been called for him. At 4:29:34 p.m., the dispatcher radioed advising of a delay in the ambulance response. At 4:44:33 p.m., the audio component of the recording was turned off and, at 4:47:13 p.m., the ICCS recording was terminated.

City of Toronto Traffic Camera


The camera was located at the intersection of Keele Street and Sheppard Avenue West.

The recording commenced at 3:40:07 p.m. and was one hour in length. The recording began after the collision occurred. The camera can be manipulated manually to view the intersection as well as both streets in all directions.

At 3:40:07 p.m., the camera captured the intersection and only the north and southbound lanes of Keele Street, north of Sheppard Avenue West, and the westbound lanes of Sheppard Avenue West, west of Keele Street. At 3:43:16 p.m., the camera panned to the area where the collision occurred in the southbound lanes of Keele Street just south of Sheppard Avenue West. A TTC bus can be seen stopped in the southbound curb lane of Keele Street. The rear of the bus is on the crosswalk.

A large white cube van was stopped, facing southeast, in the left northbound lane of Keele Street, just north of the bus. This van was known to have been driven by CW #3. A Discount Rental van is stopped in the northbound lane of Keele Street, at the left rear corner of the cube van. It was facing at a southeast angle and its rear tires were on the centre median. This van was known to have been occupied by CW #2 and his son, Complainant #1. The rear end of the Porsche [known to have been driven by CW #7] was visible to the south (in front) of the bus. The Porsche was facing west with its rear tires on the sidewalk and the front appearing to be in the plaza parking lot.

An ambulance and a Toronto Fire Services truck were both stopped on Keele Street south of the collision. The first TPS police cruiser arrived at 3:44:20 p.m. An ambulance and police cruisers attended the scene but otherwise nothing of evidentiary value was observed.

Police Communications Recordings

The recordings were made on August 20, 2020 and captured the following:

At 3:33:32 p.m., CW #5 called 911. CW #5 saw what she believed to be a silver Range Rover [known to be a silver Porsche driven by CW #7] fail to stop for a police officer [known to be WO #1] conducting radar enforcement on Sheppard Avenue West. CW #5 saw the Porsche fail to stop for two red traffic lights and turn right (south) onto Keele Street, mount the sidewalk and collide with a sign and a power box. A police cruiser with its emergency lights and siren activated [known to be operated by the SO and WO #1] drove past CW #5 after CW #7 had driven by her.

At 3:34:25 p.m., CW #6 telephoned the 911 operator. CW #6 was at the Dairy Queen at 1420 Sheppard Avenue West when she heard a police siren. CW #6 saw a vehicle [now known to be driven by CW #7] being chased by a police cruiser. She saw CW #7’s vehicle become involved in a collision, but her view was obstructed by a bus and a truck. CW #6 saw CW #7 exit the vehicle and run. She saw a cruiser arrive and stop. A police officer [known to be WO #1] got out and chased after CW #7.

At 3:34:58 p.m., WO #1 broadcast he had a man [now determined to be CW #7] in custody. He advised he was the enforcement unit at 1645 Sheppard (Avenue West), that a vehicle had taken off on him and the SO, and that CW #7 had fled from the vehicle. WO #1 said CW #7 had jumped a couple of fences and ended up at that location.

At 3:40:28 p.m., the SO told the dispatcher he was going to retrace CW #7’s route.

At 3:44:26 p.m., the SO informed he had made his way back to Keele Street and Sheppard Avenue West, and that it was the same Porsche (as driven by CW #7) that was involved in the collision.

At 3:49:57 p.m., WO #1 radioed for another unit to attend his location. At 3:57:13 p.m., WO #4 broadcast that he was on scene with WO #1 and everything was in order. At 4:03:39 p.m., WO #1 asked the dispatcher to confirm an ambulance was attending his location. WO #1 advised CW #7 had sustained cuts and scrapes to his arms and was complaining of pain in his legs.

At 4:04:50 p.m., the dispatcher telephoned the ambulance service to have an ambulance attend at 15 Norman Wesley Way. At 4:29:27 p.m., WO #1 was informed by the dispatcher the ambulance was taken off the call but another one had now been dispatched. He was told the new ambulance was quite a way away at Kipling and Rexdale.

At 4:42:52 p.m., WO #4 advised the ambulance was no longer required; he would be transporting CW #7 to HRRH.

At 4:51:46 p.m., WO #4 arrived at HRRH.

Materials obtained from Police Service

Upon request, the SIU obtained and reviewed the following materials and documents from the TPS:
  • Additional Civilian Witnesses;
  • Communications Recordings;
  • Computer-assisted Dispatch Event Details Report;
  • Collision Field Notes of two undesignated officers;
  • GPS/AVL Data;
  • ICCS Videos;
  • Information (Criminal)-CW #7;
  • Information (POA)-CW #7;
  • Motor Vehicle Collision Report;
  • Notes of WOs and the SO;
  • Policy - Suspect Apprehension Pursuits;
  • TPS Additional Civilian Witness;
  • TPS Civilian Witness List; and
  • TPS Email regarding involved officers and pursuit route.

Materials obtained from Other Sources

In addition, the SIU obtained the following records from non-police sources:
  • Medical Records-Davisville Medical Clinic-Complainant #2;
  • Medical Records-Humber-Complainant #1; and
  • City of Toronto Traffic Camera recording.

Incident Narrative

The material events in question are clear on the evidence collected by the SIU, which included interviews with the SO and his partner, WO #1, present in the cruiser in the front passenger seat, as well as several civilian eyewitnesses. The investigation also benefitted from a video recording of the pursuit captured by the SO’s ICCS.

In the afternoon of the day in question, the SO and WO #1 were engaged in speed enforcement. They had parked their cruiser in the drive of the entrance to Downsview Dells Park off of Sheppard Avenue West and were clocking vehicles traveling east toward them with a handheld device. At about 3:30 p.m. WO #1 measured a vehicle - a Porsche Cayenne - approaching his location at upwards of 80 km/h. The speed limit in the area was 50 km/h. The officer stepped onto the roadway to signal the driver to pull over. The vehicle, however, accelerated eastward past the officer.

WO #1 proceeded south toward where his cruiser was parked. The SO noticed his partner approaching and drove up to meet him. Realizing a vehicle had failed to stop, the SO, with WO #1 on board, maneuvered into the Sheppard Avenue West eastbound lanes to attempt a vehicle stop. By that time, however, the Porsche had disappeared from view over the crest of a rise on the road east of their location.

The driver of the Porsche travelled at speed toward the Keele Street intersection, about 820 metres east of where WO #1 had attempted to pull him over. In so doing, he blew through a red light at Sentinel Road on the wrong side of the road. As he approached Keele Street at upwards of 100 km/h, the Porsche again disregarded a red light for eastbound traffic, entered the intersection and collided with a southward traveling cube truck. The collision sent the cube van careening into a smaller truck directly behind it in which Complainant #1 was a passenger. Complainant #1 suffered a fractured right wrist in the collision.

Following the Porsche’s impact with the cube truck, it veered sharply to the right across the path of a TTC bus traveling south in the curb lane of Keele Street, climbed the sidewalk and struck a bench in the area of a bus stop shelter. Among the people waiting for the bus at the stop was Complainant #2. She was struck by the Porsche and brought to the ground. Complainant #2 suffered serious injuries, including a fractured spine.

By the time of the collision, the SO was still making his way toward the Keele Street intersection. Having initially lost sight of the Porsche, the officer never regained a visual on the vehicle. In fact, neither he nor WO #1 were aware of the collision as they approached Keele Street and were directed by a person or persons on the southwest corner of the intersection to a man running westward behind them on the south sidewalk of Sheppard Avenue West. Believing this was the driver of the Porsche, they performed a U-turn on Sheppard Avenue West and started after the male.

The individual who had been running from the scene – CW #7 – was captured and arrested by the SO after a foot chase.

It was only after the fact that the officers came to understand that there had been a collision and that it involved the Porsche they had been pursuing.

Relevant Legislation

Section 320.13, Criminal Code – Dangerous operation causing bodily harm

320.13 (1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

(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.

Sections 144 (18) and 144 (20), Highway Traffic Act -- Red light exemption

144 (18)  Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown.

144 (20) Despite subsection (18), a driver of an emergency vehicle, after stopping the vehicle, may proceed without a green indication being shown if it is safe to do so.

Analysis and Director's Decision

On August 20, 2020, Complainant #1 and Complainant #2 were injured, through no fault of their own, as the result of a motor vehicle collision. The collision was precipitated by a vehicle - a Porsche Cayenne - which had entered an intersection against a red light. At the time of the collision, the Porsche was being pursued by a TPS cruiser operated by the SO. The SO was, accordingly, identified as the subject officer for purposes of the SIU investigation. 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. The offence is premised, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have exercised in the circumstances. In the instant case, the issue is whether there was a want of care on the part of the SO that caused or contributed to the collision and was sufficiently derelict such as to attract criminal sanction. In my view, there was not.

The SO was acting in the course of his duties when he decided to pursue the Porsche after it had failed to stop and accelerated way from the police. His partner had recorded the vehicle in excess of the speed limit and given its driver a clear indication to stop. Pursuant to O. Reg. 266/10, the regulation governing police pursuits in the province, officers are entitled to initiate a pursuit for a Highway Traffic Act infraction as long as the balance of public safety considerations is not prohibitive. At least at the outset, I am satisfied there was no such prohibition apparent in the circumstances that prevailed.

Thereafter, it is clear that the pursuit was all but over shortly after it began. By the time the officers began to accelerate eastward after the Porsche, the vehicle had disappeared from view and was quickly approaching Keele Street. While it is apparent that the SO reached speeds in excess of 80 km/h for a brief period as he attempted to gain ground on the Porsche, it is clear that he failed to do so and was well back of the vehicle when the collision occurred. In that short period of time, over a distance no longer than about 800 metres, the officer did proceed through a red light without stopping at Sentinel Road and occasionally drove in left turn lanes for westbound traffic. While the SO ought to have fully stopped at the red light pursuant to section 144(20) of the Highway Traffic Act, the ICCS recording reveals that he slowed significantly on approach to the Sentinel road intersection before safely proceeding through it. Nor is there any evidence that third-party motorists had to take any evasive action in response to the cruiser, even when it travelled in the wrong way in the left turn lanes. It is also worth noting that the SO had his emergency lights on the entire time and siren sounding intermittently while traveling over dry roads in good weather, factors which tempered the risks associated with the officer’s upper end speed.

On the aforementioned-record, I am satisfied that the SO conducted himself within the limits of care prescribed by the criminal law in the course of a very brief pursuit, and that the driver of the Porsche, left with every opportunity to abort his reckless driving had he been so inclined, is alone responsible for the collision. Accordingly, there is no basis for proceeding with criminal charges against the SO, and the file is closed.


Date: February 16, 2021



Electronically approved by

Joseph Martino
Director
Special Investigations Unit

Endnotes

  • 1) There were four lanes for traffic on Sheppard Avenue West, two for eastbound and two for westbound with a common centre left turn lane. The SO was known to operate the police cruiser and travelled eastbound on Sheppard Avenue West from Downsview Dells Park located at 1651 Sheppard Avenue West, towards Keele Street. [Back to text]

Note:

The signed English original report is authoritative, and any discrepancy between that report and the French and English online versions should be resolved in favour of the original English report.