News Release

News Release

SIU Concludes Investigation in Toronto Vehicle Fatality

Case Number: 14-TVD-052   

Mississauga (24 June, 2014) --- The Director of the Special Investigations Unit (SIU), Tony Loparco, has concluded that there are no reasonable grounds to charge a Toronto Police Service (TPS) officer with any criminal offence in relation to the death of an 81-year-old man in February of this year.

The SIU assigned four investigators, one forensic investigator and a collision reconstructionist to probe the circumstances of this incident. As part of the investigation, four witness officers and six civilian witnesses were interviewed. The subject officer also interviewed with the SIU and provided a copy of her notes. The police vehicle GPS log, TPS computer aided dispatch report, police communications recordings and video recordings from cameras mounted on several businesses in the area, were also collected and reviewed as part of this investigation.

The SIU investigation found that the following events took place on February 26 and 27:
• The subject officer was operating an unmarked police vehicle – A Chevrolet Malibu – westbound on York Mills Road between about 4:30 p.m. and 5:00 p.m. 
• York Mills Road consists of three lanes of traffic in each direction and the officer was in the centre turn lane waiting to make a left turn onto Upjohn Road.
• The officer entered into the turn, cleared the passing and middle lanes of eastbound traffic and struck a Cadillac being driven by the man  travelling eastbound in the curb lane of York Mills Road. 
• The rear driver’s side of the Cadillac was struck by the front end of the subject officer’s vehicle.
• The impact caused the Cadillac to begin to rotate counter clockwise and then clockwise and northward across the intersection, before finally colliding with a hydro pole on the north side of York Mills Road.
• The officer’s vehicle came to rest just south of York Mills Road on the west side of Upjohn Road.
• The man was transported to North York General Hospital for examination. A short time later his condition began to deteriorate and he was transferred to St. Michael’s Hospital.  
• At approximately 6:48 a.m. on February 27, 2014, the man passed away.

Director Loparco said, “I am satisfied on reasonable grounds that there is no basis to proceed with criminal charges in this case. The criminal offences that arise for consideration as far as the officer’s conduct is concerned are dangerous driving (section 249 of the Criminal Code), and criminal negligence causing bodily harm (section 221 of the Code) or death (section 220 of the Code).  Both provisions prescribe offences of penal negligence and are predicated on a finding that the impugned conduct amounts to a marked departure from the level of care that a reasonable person would have exercised in the circumstances.  While it is clear that the officer is solely responsible for the collision that occurred, her lapse of care and attention was momentary and did not amount to a marked departure for purposes of criminal liability.” 

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