Director's Report Details

Complainant: 21-year-old male, deceased 

Civilian Witnesses

CW #1 Interviewed
CW #2 Interviewed
CW #3 Interviewed
CW #4 Interviewed
CW #5 Interviewed
CW #6 Interviewed

Witness Officers

WO #1 Interviewed
WO #2 Interviewed
WO #3 Notes reviewed, interview deemed not necessary
WO #4 Notes reviewed, interview deemed not necessary
WO #5 Notes reviewed, interview deemed not necessary
WO #6 Interviewed

Subject Officers

SO Declined interview and to provide notes, as is the subject officer’s legal right. Written statement received and reviewed.

Ava Road runs in a general northwest direction. There is one paved which runs in a northwesterly direction under the Brant Avenue overpass. There is a railway line that runs parallel to the roadway. There were gouge and scrape marks on the roadway and northwest of the overpass. A men’s damaged brown leather watch was located on the roadway amongst the vehicle debris.

A 2015 Infiniti G50 4-door vehicle was located on its roof facing in a northerly direction on Ava Road. The vehicle had extreme collision damage and fire damage. A portion of the guardrail from the Brant Avenue overpass was located on the roadway.

Scene Diagram

Expert Evidence

Summary of SIU Reconstructionist Report Findings

On August 29, 2020, at about 2:55 a.m., the SO used a Ford Explorer BPS Unit as he drove northbound on Brant Avenue. He was following a 2015 Infiniti Q50 operated by the Complainant. It was cloudy, the atmosphere was clear, and the roads were dry. The posted speed limit was 50 km/h.

Where Brant Avenue starts to go over Ava Road the Complainant was travelling at a minimal speed range of 110 km/h to 120 km/h in the northbound lane. He failed to negotiate a right curve in the road and slid across the southbound lane of Brant Avenue, onto the grassed boulevard at the Ava Road off ramp and across the Ava Road off ramp. The front impacted the west sidewalk of Brant Avenue. While doing this the Infiniti was rotating clockwise about its vertical axis. The front of the Infiniti impacted the west sidewalk of Brant Avenue and the front undercarriage was ripped apart. The front of the Infiniti downloaded on the sidewalk and the rear became elevated causing forward rotation about the lateral axis. The hood of the Infiniti impacted 2.8-metre-wide section of the metal rail on the west side of the Brant Avenue overpass, detaching it. While rotating and flipping the Infiniti fell 6.1 metres and landed on its roof and hood on Ave Road, 18.6 metres to the west of the west edge of the Brant Avenue overpass. The Infiniti slid another ten metres to rest facing north in the southbound lane of Ava Road. It burst into flames and the Complainant was burned in the fire, succumbing to injuries received from this collision at the scene.

The maximum speed which the SO drove was 85 km/h for a matter of seconds on Brant Avenue. He was followed by an OPP Unit which was operated at a maximum speed of 92 km/h for a matter of seconds on Brant Avenue. The precise location of the SO’s Unit and the OPP Unit when the collision occurred is unknown.

Video/Audio/Photographic Evidence

Summary of the University’s Closed-circuit Television (CCTV) Footage
The SIU obtained CCTV footage from the Laurier Brantford Special Constables Office situated at 45 Market Street, Brantford. The following is a summary of what was captured on the video:

On August 29, 2020, at 2:46 a.m., the headlights of an Infiniti were seen as the Infiniti pulled out from behind a BMW parked on Dalhousie Street in front of the Vegas World Lounge situated at 112 Dalhousie Street. People were standing at the corner of the lounge. The driver, the Complainant, went around the BMW and made a right turn onto Market Street. He stopped on Market Street blocking the laneway between the Vegas World Lounge and the Laurier Office. The Complainant held his cellular telephone out the sunroof and appeared to be taken photographs. The Complainant’s head popped up through the sunroof and the Complainant looked back toward Dalhousie Street. Two women walked toward the Infiniti. The women began walking back to the front of the Vegas World Lounge and the Complainant went back into his seat.

At 2:46:58 a.m., the Complainant performed a three point turn on Market Street as the BMW drove westbound through the intersection on Dalhousie Street. The Complainant proceeded to Dalhousie Street, stopped at the red light and then proceeded after the BMW.

At 2:47:24 a.m., the Complainant caught up to the BMW on Dalhousie Street as it began to make a right turn onto Queen Street. The BMW made a right turn from Queen Street onto Darling Street, followed by the Complainant. The Complainant drove beside the BMW. The Complainant pulled in front of the BMW and appeared to almost stop as a BPS SUV [now known to be WO #2] pulled out of a parking lot onto Darling Street. The BMW began pulling over as the Complainant began driving toward Market Street. A second BPS SUV [now known to be the SO] came out of the parking lot onto Darling Street. WO #2 activated his emergency lights and pulled in front of the BMW.

At 2:47:58 a.m., the Complainant, without stopping at the red light, made a right turn onto Market Street as a Dodge Pickup [now known to be driven by CW #1] came southbound on Market Street and was about to enter the intersection. Nine seconds later, the SO made a right turn onto Market Street behind CW #1. WO #2 stopped and remained with the BMW. He was seen at the driver’s door of the BMW interacting with the occupants.

A 2:48:06 a.m., the Complainant had sped to Dalhousie Street and made a right turn without stopping at the red light. Seven seconds later, CW #1, without stopping for the red light, made a right turn onto Dalhousie Street. About five seconds later, the SO reached Dalhousie Street, stopped briefly for the red light and made a right turn. The Complainant sped toward Queen Street.

At 2:48:14 a.m., the Complainant went through the intersection of Queen Street on a green light. Ten seconds later, CW #1 reached Queen Street in the left lane. Three seconds later, the SO went through the intersection in the right lane. The light remained green for both CW #1 and the SO.

Summary of CW #1’s vehicle dash camera

There were 13 video clips contained on the dash camera micro SD card. Seven of the clips were unrelated to the incident under investigation. The time and date had not been set on the dash camera.

CW #1 was driving southbound on Market Street, past Wellington Street. As he approached Darling Street, he had a green light. A 2015 Infiniti Q50S was turning onto Market Street from Darling Street at a higher than normal speed; not slowing down for the red light. It essentially cut off CW #1 in the intersection. The Infinity Q50S [now known to be driven by the Complainant] sped up on Market Street and then slowed, but only slightly, turning right onto Dalhousie Street. CW #1 also made a right turn onto Dalhousie Street; upon completing his turn, the Infinity was only visible in the distance. CW #1 drove down Dalhousie Street and, as he approached Queen Street, the Infinity could be seen two blocks ahead making a right hand turn onto Brant Avenue. What is believed to be an OPP cruiser can be seen travelling through the intersection behind the Infiniti. This is believed to be WO #6, who did not have his emergency lighting activated. Just past the KFC located at King and Dalhousie Streets, a marked BPS SUV [now known to be operated by the SO] passed CW #1 on his right side. The SO was not speeding and had no emergency lighting or siren activated. The BPS SUV slowed down at Brant Avenue and made a right-hand turn. As the BPS SUV drove on Brant Avenue, it still did not have its emergency lighting activated, nor did have its siren on. CW #1 continued to travel on Brant Avenue past several intersections and the BPS SUV was about one block ahead of him. At around Church Street, in the distance, a vehicle was on the curb lane, believed to be WO #6’s OPP cruiser. The OPP cruiser may have been slowing down or parked. The BPS SUV caught up to the OPP cruiser and the two police vehicles were about two blocks ahead of CW #1. At about Church Street, emergency lighting could be seen. The OPP cruiser was in the curb lane and the BPS SUV was in the centre lane. The emergency lighting then stopped. The BPS SUV continued on Brant Avenue, with the OPP cruiser driving again, in the curb lane. The SO was followed by WO #6.

CW #1 continued on Brant Avenue and approached the train bridge/overpass where Brant Avenue turned slightly right and then became Paris Road. As he followed the road to the right on the ‘S’ curve to Paris Road, a fully marked OPP cruiser was seen on the bridge, with no emergency lighting on; in front of it was the BPS SUV (the SO followed by WO #6), and they were going to the left (towards Ave Road). Sirens could be heard in the distance. CW #1 made a 3-point turn and, as he did so, a section of missing guardrail became visible on the northwestern side of the train bridge/overpass.

CW #1 pulled his Dodge Ram truck in behind WO #6 who was on the curb of Ava Road with the SO in front, also on the curb. CW #1 then went around both police vehicles and parked in front of them. Neither the BPS SUV nor the OPP cruiser had their emergency lighting or siren on. As he passed the area where it was later determined the Complainant was located, a number of sparks could be seen from what was later determined to be the Infinity Q50. About eight minutes later, CW #1 moved his vehicle from Ava Road and, as he turned around, the Infiniti Q50 was fully engulfed in flames.

Communications Recordings

Summary of the BPS communications

The following is a synopsis of hundreds of audio clips provided to the SIU by the BPS:

August 29, 2020, at 2:48 a.m., the SO: “Did you get a plate for that car?” WO #2 asked him to repeat the broadcast and the SO asked if he got that guy’s plate, and noted he just went onto Brant Avenue. WO #2 responded he did not get it, then through a muffled voice there was an indication WO #2 was still with the other vehicle.

At 2:50:26 a.m., the SO: “I think a car just went off the fucking bridge at ahhhh, Paris Road; yah, it’s on fire, by the train tracks.” A voice broadcasted to get CN and Fire notified. BPS officers indicated they were responding. A telephone call was made to Brantford Fire that a single car went off the road on Paris Road and it was on fire. The man’s voice told Brantford Fire he was being told they were needed there fast as it was on fire and they did not know if anyone was inside and trapped. The male caller was being told the intersection was Ava Road and Parkside, which he relayed to Brantford Fire. The man’s voice said when they went around the bend they must have went over the bridge.

BPS officers were dispatched and acknowledged going to the call. There was confusion where the call was and, at about 2:51 a.m., (believed to be) the SO: “It’s right off of ahh, fuck am I, Ava Road and Parkside; it’s not on the tracks, it’s underneath the whatchamacallit, right underneath the bridge, Parkside Ava Road.”

BPS officers were taking containment positions and blocking traffic and roads. A broadcast was made that Brantford Fire was still needed as there might be someone inside the vehicle; it was on fire, crackling and might blow.

At about 2:52 a.m., a transmission indicated Brantford Fire was on scene, and that ambulance was needed. BPS dispatch called an ambulance to attend. Still at about 2:52 a.m., OPP dispatch called BPS dispatch to say they were on scene, and BPS dispatch said they were as well.

At about 2:54 a.m., BPS dispatch notified Brantford Fire the BPS officers were saying the vehicle might blow up. Another broadcast indicated all units to get back. At about 2:54:56 a.m., the SO: “When I got on scene the vehicle was on top of its roof and it was already on fire pretty bad. It’s making all sorts of crackling noises, there’s fluids everywhere, I tried to get a fire extinguisher out to try to calm the flames down however it’s too dangerous.”

At about 2:55 a.m., it was broadcast that the Brantford Fire was pulling up. At about 2:55:57 a.m., a telephone call was made to a sergeant. The caller said, “Hey, something happened before this eh.” The sergeant responded he was tracking that, and he hoped that this was not in relation to “what [the SO] was looking at”.

A search was conducted by BPS officers for a second person that might have been ejected from the vehicle. At about 3:16 a.m., a broadcast indicated that Brantford Fire were going to have to rip the door to the vehicle open.

At about 3:30 a.m., a telephone call was made by WO #1 to the sergeant, who asked if the OPP “lit him up”. WO #1 replied, “Negative.” The sergeant asked to clarify that the OPP was sitting at the stop lights outside the armories, facing north. WO #1 confirmed. The sergeant noted the subject vehicle came off of Dalhousie Street, fishtailed, almost hit a Jeep or another vehicle and sped off onto Brant Avenue, and asked if the OPP moved. WO #1 clarified that he began to move, and he realized the subject vehicle was flying so he made no attempt to stop it. The sergeant asked if his lights were on, and WO #1 was not aware if they were on or not. The sergeant seemed puzzled by that and WO #1 was at the scene and went over to OPP WO #6. While looking for WO #6, the sergeant was on the line speaking to someone about who would be a subject and witness officer. WO #1 returned to say, “[WO #6]’s pulling up to the red light at Brant Avenue and Dalhousie, sees the vehicle fly through the intersection, fishtail, and it went off into the distance; [WO #6] put his lights on to get through the intersection and then turned them off once clear of the intersection, and by this time the vehicle was already long gone so he pulled right over and did not attempt to pursue.” An OPP sergeant was en route. The sergeant asked where the vehicle was when he activated his roof lights, and WO #1 went to get the answer but was distracted. The sergeant directed that the OPP and the SO’s police vehicles were not to be moved. The sergeant asked where WO #2 stopped one of the two vehicles. WO #1 said he would inquire and called back at about 4:14 a.m., advising the sergeant that when the SO turned onto Brant Avenue, he never had his emergency lighting activated at any point. The SO’s only sight of the vehicle was on Darling Street; once it turned onto Market Street, he never saw it again. The sergeant inquired if all the SO saw was taillights going up Brant Avenue and then he lost it; WO #1 agreed. WO #1 advised that WO #2 was heading to the office, that WO #6 was speaking to an OPP Sergeant and that the SO was separated and in his vehicle by himself.

At about 4:17 a.m., the sergeant contacted a forensic officer advising of a fatality which might involve SIU. He indicated two cars were racing and BPS officers managed to pull over one; the OPP were coming to the intersection of Brant Avenue and Dalhousie Street, the vehicle did a fishtail and took off. The sergeant said the OPP was probably half asleep but did turn on its roof lights to go through the intersection, but the vehicle was speeding away. The SO was right there and apparently never turned on his roof lights. The SO continued northbound on Brant Avenue but lost sight of the vehicle. The SO carried on northbound and got to Paris Road and saw that a big chunk of the bridge was taken out. The SO pulled up, and looked down to see a vehicle on its roof and on fire. The forensic officer responded, “Oh fuck.” The sergeant indicated the body was still in the car.

At about 4:49 a.m., the sergeant answered a call from an officer with Brant County OPP. OPP had some administrative inquiries and asked which BPS officers were involved. The sergeant indicated the name of the Duty Inspector, and that he had contacted SIU. It was advised that OPP WO #6 was “at the intersection and saw your guy come through, no lights or siren or anything, so he followed him, and they came across it together”, and indicated that WO #6 would likely be a witness officer. She mentioned she heard there was previous contact with the driver and the sergeant indicated the driver was involved in what appeared to be a road rage incident with another vehicle. He indicated BPS pulled one vehicle over but the other kept going. The incident stemmed at a drinking establishment. The involved vehicle was driving and went through an intersection, almost hit a car, fishtailed, and took off like a rocket up Brant Avenue. The SO was in the general area. WO #6 was coming to a red light and engaged his emergency lighting to get through the red light, but as he cleared the intersection the involved vehicle had already passed Brant Collegiate Institute; at least 200 metres away. The involved vehicle took off and was going so fast that neither police officer tried to catch up to it. As they followed Brant Avenue in the same direction, they came across the bridge damage and a car on fire at the base of the bridge. The sergeant said he had a concern as he heard there may have been two people in the vehicle, and they only located one.

Summary of the OPP communications

On August 29, 2020, members of the OPP and the BPS were on duty in Brantford and witnessed a black 2015 Infinity Q50S drive erratically. OPP audio recordings from communications and telephone calls were provided to the SIU. There were four clips, and each clip captured multiple calls and transmissions. The only time provided was the initial time stamp. The following is a synopsis of the OPP communications recordings for this event:

911 - 6:54:35 a.m.
Orillia OPP dispatch contacted OPP OPP Provincial Communications Centre ">PCC (Provincial Communication Centre) to patch through the coroner. The coroner explained that there was a motor vehicle collision and the car was on its roof and totally burnt. He explained that he consulted with the Province’s Chief Coroner and they wanted the car taken to the CFS to have the body extricated. He explained that BPS did not have an enclosed truck to tow the vehicle and he was told to contact OPP. He also explained that the matter was now with SIU. Arrangements were made to locate an enclosed truck.

Radio – 2:48:48 a.m.
WO #6 advised OPP dispatch he was on Brant Avenue, going northbound and stopped at a light. He saw a vehicle turn at the barracks [1] northbound onto Brant Avenue; the vehicle almost spun out of control, and then he was unable to see the vehicle any longer. The vehicle was gone and was past a school for the blind [2] and past St. Paul Avenue. OPP dispatch asked if he had his emergency equipment activated and if it was a fail to stop; WO #6 said negative. WO #6 then saw a BPS cruiser and said he would speak with the BPS officer. WO #6 advised OPP dispatch that the vehicle might have “wrecked” off the bridge, and that he was with BPS. The vehicle was on fire.

Dispatch Telephone - 2:51:05 a.m.
OPP dispatch alerted Brantford Fire of incident and they appeared to be aware. OPP contacted BPS dispatch to ensure they were both aware. OPP dispatch also advised EMS and they appeared to be aware. OPP dispatch called into OPP Brant County to make a supervisor aware.

Dispatch – 2:53:32 a.m.
OPP dispatch contacted the OPP Provincial Communications Centre ">PCC in London and spoke to a sergeant, advising that an officer in Brant County had a vehicle spin out in front of him in Brantford; no lighting activated, the vehicle crashed and was on fire.

A man contacted a sergeant to advise that he spoke to WO #6, who told him that he was cutting through Brantford and was sitting at a light; a vehicle came screaming through the intersection like an “idiot”, almost hitting another vehicle. WO #6 pulled out “a little bit”, and then lost sight of the vehicle. A BPS cruiser came by and they both “kind of ventured on up” and found that the guy had gone off the guardrail, over the bridge and the vehicle was in flames. It was confirmed WO #6 was not chasing the vehicle and that this was a BPS call.

The sergeant received a call from the same male voice advising that the SIU had been notified. The sergeant discussed SIU protocol. Another call had an officer speaking to a male voice indicating that WO #6 did not call in his mileage as he was not in pursuit of the vehicle; he had his lights on to clear the red light and then turned them off. WO #6 then saw a BPS cruiser, followed behind it and, about a kilometre later, they came across the vehicle which had gone off of a bridge. The officer indicated that the only reason BPS called SIU was that they had previously pursued the vehicle earlier that morning. As well, WO #6 would be a witness officer who would say that the BPS vehicle did not pursue the vehicle.

There were further calls with the POC and the SIU liaison officer, and the OPP Provincial Communications Centre ">PCC about whether there was a fatality, which was later confirmed. Arrangements were then made with OPP Orillia to get an enclosed vehicle to transport the vehicle involved in the incident to the CFS.

Materials obtained from Police Service

Upon request, the SIU obtained and reviewed the following materials and documents from the OPP and BPS:

• Computer-assisted Dispatch Report;
• Event Details Report;
• Global Positioning System (GPS) Data-WO #2;
• GPS Data-the SO;
• CW #4’s calls to the Complainant;
• Notes of WOs;
• Communication recordings - BPS and OPP;
• BPS Drone Footage;
• BPS JPEG Fingerprint, Tattoo images;
• Occurrence Summary;
• Procedure - Suspect Apprehension Pursuit;
• Subject Occurrence History Report;
• Supplementary Occurrence Report;
• Training Record 2019-the SO; and
• Will State of the SO, WO#1 and WO #2.

Materials obtained from Other Sources

Upon request, the SIU obtained and reviewed the following documents from the Brantford EMS and Brantford Fire Department:

• Ambulance Call Reports;
• Brantford Fire Incident Report; and
• Brantford Fire Witness Report.

The SIU obtained the following records from other sources:

• CCTV-Laurier Special Constable Building;
• In-Car Camera Video (CW #1); and
• Audio Clip from civilian’s camera.

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.

(3) 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 the death of another person.