Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.

Special Investigations Unit Act, 2019

Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following:

• The name of, and any information identifying, a subject official, witness official, civilian witness or affected person.
• Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault.
• Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person.
• Information that discloses investigative techniques or procedures.
• Information, the release of which is prohibited or restricted by law.
• Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published.

Freedom of Information and Protection of Personal Privacy Act

Pursuant to section 14 (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 that 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 (i.e., personal privacy), protected personal information is not included in this report. This information may include, but is not limited to, the following:

• The names of persons, including civilian witnesses, and subject and witness officials;
• 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

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

Other proceedings, processes, and investigations

Information may also have 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.

Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.

A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.

In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.

This report relates to the SIU’s investigation into the serious injuries of a 30-year-old man (the “Complainant”).

Notification of the SIU[1]

On July 27, 2024, at 12:14 a.m., the Waterloo Regional Police (WRPS) notified the SIU of an injury to the Complainant.

According to the WRPS on July 26, 2024, at 11:24 p.m., the Subject Official (SO) attempted to stop a vehicle containing a wanted individual, the Complainant, which failed to stop. The SO stopped his cruiser and the Complainant’s vehicle continued for about one kilometre before it was involved in a two-car collision at the intersection of King Street and Victoria Street, Kitchener. The Complainant sustained head and lung injuries, and had been transported to the Hamilton General Hospital (HGH) via air ambulance.

The Team

Date and time team dispatched: 2024/07/27 at 2:27 a.m.

Date and time SIU arrived on scene: 2024/07/27 at 3:19 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 2

Affected Person (aka “Complainant”):

30-year-old male; interviewed; medical records obtained and reviewed

The Complainant was interviewed on August 2, 2024.

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

The civilian witnesses were interviewed on August 3, 2024.

Subject Official

SO Declined interview and to provide notes, as is the subject official’s legal right

The Scene

The events in question transpired on a stretch of Victoria Street beginning in the area of Victoria Street South and West Avenue, and concluding on Victoria Street North a distance northeast of King Street West, Kitchener.

Physical Evidence

Victoria Street was a four lane road [two lanes in each direction] and aligned in an east-west direction in the area of the collision. The location of the collision was slightly to the east of a bend in the road and approximately 100 metres from King Street West, as shown in the image below.

Figure 1 – Google Maps image of scene, with red arrow added to indicate the location of the collision

On July 27, 2024, SIU forensic investigators attended and photographed the collision scene. The Complainant’s vehicle was located on its passenger side facing west. CW #1’s vehicle involved in the collision was located facing north.

The Complainant’s and CW #1’s vehicles both had extensive front end damage, as depicted below.

Figure 2 – The Complainant and CW #1’s vehicles

The speed limit on Victoria Street North was 50 km/h with a posted advisory speed limit of 30 km/h at the bend.

Forensic Evidence

Global Positioning System (GPS) Data - The SO’s Cruiser

On July 26, 2024, at 11:22:12 p.m., the SO drove northwest on West Avenue at a speed no greater than 60 km/h. The SO turned right into Victoria Street South and reached a speed of no greater than 68 km/h before coming to a complete stop at 11:23:23 p.m.

At 11:23:51 p.m., the SO resumed his travel, still on Victoria Street, and his speed reached 71 km/h for no longer than five seconds. His speed averaged 65 km/h while on Victoria Street prior to coming to a stop at the location of the collision at 11:25:11 p.m.

Video/Audio/Photographic Evidence[2]

In-car Camera (ICC) Footage – The SO’s Cruiser

The recording commenced on July 26, 2024, at 11:22:11 p.m. The SO was captured driving in a northerly direction on West Avenue. The taillights of the Complainant’s vehicle were about 120 metres ahead. The speeds of both the SO and the Complainant were unremarkable.

The Complainant stopped at a red light at the intersection of Victoria Street South behind another vehicle. The SO caught up and pulled his cruiser next to the Complainant. Both front windows were aligned.[3] The SO followed the Complainant as he turned right into Victoria Street South.

Just after turning, at 11:22:58 p.m., the SO activated his cruiser’s emergency lights. The Complainant increased his speed dramatically and crossed into the wrong side of the road to overtake a vehicle. The SO increased his speed and then slowed and followed for a distance of about 185 metres.

At 11:23:11 p.m., the SO stopped just past the intersection of Walnut Street and advised his dispatcher that the vehicle had taken off from him and he had identified the driver as the Complainant.

Figure 3 – View of the rear of the Complainant’s vehicle from the SO’s ICC recording

Figure 4 – Google Maps image [with arrows added] vehicle from the SO’s ICC recording of the distance between where the SO’s emergency lights were activated and where his vehicle stopped

• Red arrow indicates the Complainant as he evaded the SO and overtook the vehicle.
• Orange arrow shows the location where the SO activated the vehicle emergency lights.
• Blue arrow shows the location where the SO stopped his vehicle.

The SO provided the direction of travel that the Complainant took. The SO remained stopped until 11:23:44 p.m., turned the ICC recording off, and said, “End of interaction.”

A second ICC recording from the SO’s cruiser commenced at 11:24:40 p.m., capturing him driving northeast on Victoria Street South, about 670 metres northeast from where he had stopped his cruiser. His speed was unremarkable. The SO rounded a bend on Victoria Street North and came across the collision. The SO advised dispatch and requested paramedics, and then checked on the occupants of both vehicles.

At 11:28:19 p.m., paramedics arrived.

Video Footage - Waterloo Region Traffic Cameras

On July 26, 2024, at 11:23:35 p.m., the Complainant’s sedan was captured traveling north on Victoria Street South, through a green light at the intersection of Park Street, at a much higher rate of speed than other traffic. The emergency lights of the SO’s stationary vehicle flashed further south on Victoria Street South. Nearly one minute later, the SO approached the intersection and deactivated his emergency lights before he stopped for a red traffic light. When the light turned green, he proceeded through the intersection at slow speed and continued north on Victoria Street South.

At 11:23:45 p.m., the Complainant travelled at high speed on Victoria Street South, through the intersection of Joseph Street. Over one minute later, the SO drove through the same intersection at a normal rate of speed.

At 11:23:56 p.m., CW #1’s van drove southwest on Victoria Street North. The footage was not clear; however, the headlights of the Complainant’s vehicle appeared in the oncoming lanes. The collision was not visible due to the low-quality recording. There were no flashing lights seen behind the Complainant. It was nearly two minutes later that the first flashing lights of a police vehicle were visible.

WRPS Communications Recordings

WRPS received seven 911 phone calls from civilians who reported the collision.

At 11:22:37 p.m., July 26, 2024, the SO advised dispatch that the Complainant had failed to stop and provided his direction as eastbound on Victoria Street. The SO believed the Complainant had turned left onto King Street.

At 11:24:35 p.m., the SO reported the collision on Victoria Street North, with one person trapped. The SO assisted a female [CW #2] out of the van and requested paramedics.

At 12:22:44 a.m., the Complainant was transported via air ambulance to HGH.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the WRPS between July 28, 2024, and October 31, 2024:

• ICC footage – the SO’s cruiser;
• Occurrence and Collision Report;
• GPS Data;
• Forensic Identification Photos;
• List of Involved Officers;
• Arrest warrant – the Complainant;
• Communications recordings;
• Video footage – Waterloo Region Traffic Cameras; and
• Policies for suspect apprehension pursuit and arrest.

Materials Obtained from Other Sources

The SIU obtained the following records from other sources between August 8, 2024, and August 29, 2024:

• The Complainant’s medical records from HGH; and
• Emergency Medical Service records from Ornge.

The evidence collected by the SIU, including interviews with the Complainant and civilian witnesses, and video footage that captured the incident in part, gives rise to the following scenario. As was his legal right, the SO did not agree an interview with the SIU or the release of his notes.

In the late evening of July 26, 2024, the SO, on patrol driving a cruiser, came upon a vehicle being operated by the Complainant and decided to stop it. The Complainant was wanted on an arrest warrant at the time for failure to comply with a probation order. The officer pulled up behind the Complainant’s vehicle on West Avenue and followed as it turned right onto Victoria Street South, turning his emergency lights and siren on. Soon after the turn, the Complainant picked up his speed and accelerated away from the SO, passing traffic in the oncoming lane. The SO increased his speed momentarily before slowing and eventually coming to a stop just past the Walnut Street intersection, upwards of 200 metres from West Avenue.

The Complainant continued on Victoria Street South at speed. He passed the King Street West intersection (a kilometre north of West Avenue), failed to negotiate a rightward bend in the road just past the intersection, and travelled into the oncoming lane of traffic, striking a van.

Arriving a minute or two after the collision, the SO rendered aid to the occupants of the vehicles and asked for the attendance of paramedics.

The Complainant was taken to hospital and diagnosed with a fractured scapula and finger, a right lung contusion, and a liver laceration. The occupants of the van were not seriously injured.

Section 320.13(2), Criminal Code – Dangerous Operation Causing Bodily Harm

320.13(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.

The Complainant was seriously injured in a motor vehicle collision on July 26, 2024. As a police officer had attempted to stop his vehicle shortly before the collision, the SIU was notified of the incident and initiated an investigation. The SO was identified as the subject official. The investigation is now concluded. 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. As an offence of penal negligence, a simple want of care will not suffice to give rise to liability. Rather, the offence is predicated, in part, on conduct that amounts to a marked departure from the level of care that a reasonable person would have observed in the circumstances. In the instant case, the issue is whether there was a want of care in the manner in which the SO operated his vehicle, sufficiently egregious to attract criminal sanction, that caused or contributed to the collision. In my view, there was not.

The SO was engaged in the execution of his duties when he decided to stop the Complainant. There was a warrant in effect at the time for the Complainant’s arrest. He was also a suspended driver.

During his brief engagement with the Complainant, over about a couple of hundred metres of roadway, there is nothing in the evidence to suggest the officer failed to comport himself with due care and attention to public safety. His speeds were moderate at all times, he had activated his emergency lights and siren, and he wisely discontinued his engagement quickly upon seeing the Complainant accelerate to unsafe speed and perform unsafe driving maneuvers.

For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: November 18, 2024

Electronically approved by

Joseph Martino

Director

Special Investigations Unit