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 23-year-old male.

Notification of the SIU[1]

On July 31, 2025, at 7:24 p.m., the Ontario Provincial Police (OPP) contacted the SIU with the following information.

On July 31, 2025, at 12:54 p.m., the OPP Repeat Offender Parole Enforcement (ROPE) team was conducting surveillance on a man, the Complainant, riding a motorcycle [a blue Suzuki GSR600].  The Complainant was wanted for offences, including flight from police, dangerous operation of a motor vehicle, intimate partner violence, and uttering threats.  Surveillance of the Complainant started in the area of Coronation Boulevard and Bath Road, Kingston.  The Complainant was subsequently observed entering a mall parking lot at 40574 Bath Road.  One of the ROPE squad officers, the Subject Official (SO), operating a Ford F150 pick-up truck, followed the Complainant into the parking lot.  The ROPE squad intended to arrest the Complainant if he parked the motorcycle or continue surveillance if he continued to drive.  The Complainant turned to observe the pick-up truck, which veered to the left, after which the Complainant sped away.  The SO remained in the parking lot.  At 1:33 p.m., down the road from the mall parking lot on Highway 33, the Complainant collided with the driver side of a vehicle turning left.  The driver of the vehicle was not injured, but the Complainant sustained numerous injuries.  He was presently in the intensive care unit at Kingston General Hospital (KGH) and had been diagnosed with a fractured hip and arm.

The Team

Date and time team dispatched:                                           2025/08/13 at 3:46 p.m.

Date and time SIU arrived on scene:                                   2025/08/14 at 12:20 p.m.

Number of SIU Investigators assigned:                                4

Number of SIU Forensic Investigators assigned:                0

Number of SIU Collision Reconstructionists assigned:      1

          

Affected Person (aka “Complainant”):                           

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

The Complainant was interviewed on August 14, 2025.

Civilian Witnesses (CW) 

CW #1                                                             Interviewed

CW #2                                                             Interviewed

The civilian witnesses were interviewed between August 17, 2025, and October 17, 2025.

Subject Official (SO)

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

Witness Officials (WO)

WO #1                                                            Interviewed; notes received and reviewed

WO #2                                                            Interviewed; notes received and reviewed

WO #3                                                            Interviewed; notes received and reviewed

WO #4                                                            Not interviewed; notes reviewed and interview deemed unnecessary

The witness officials were interviewed between August 29, 2025, and September 3, 2025.

The Scene

The events in question began in the vicinity of a food truck located in the parking lot of Lakeview Park, 4574 Bath Road, Amherstview, continued through the parking lot and eastbound on Bath Road, and concluded in and around the intersection of Bath Road and Sherwood Avenue. 

Forensic Evidence

SIU Review of OPP Collision Investigation

A SIU reconstructionist reviewed the OPP investigation into the incident, including the Technical Collision / Reconstruction Investigative Data File, and confirmed the following findings. 

The collision occurred at about 1:30 p.m., July 31, 2025, at Bath Road [also known as Highway 33] and Westfield Drive in the community of Amherstview, Loyalist Township.  The road consisted of one eastbound lane and one westbound lane.  The posted speed limit was 60 km/h.  The Complainant was driving a motorcycle eastbound at a high rate of speed.  Ahead of the Complainant, a woman driving a Chrysler 300 slowed in the eastbound lane to turn left.  Several cars slowed behind her. 

The Complainant pulled into the westbound lane and passed the eastbound cars that had slowed.  As the woman turned left, the motorcycle collided violently with the left rear corner of the Chrysler.  The Complainant was ejected from his motorcycle and flew over the Chrysler.  His helmet came off and he struck the pavement.  He sustained serious injuries as a result of the collision.

Prior to the collision, the Complainant had been involved in an interaction with police officers assigned to the OPP ROPE squad.  The interaction occurred at Lakeview Park, 4574 Bath Road.  The police officers were in plainclothes and operated unmarked vehicles.  The Complainant fled from the interaction at a high rate of speed on the motorcycle, eastbound on Bath Road.  The collision occurred about 1.2 kilometres east of the interaction.

Police officers involved in the initial interaction with the Complainant at the park were seen on surveillance video footage arriving at the collision 55 seconds after it occurred. 

Video/Audio/Photographic Evidence[2]

OPP Communication Recordings

On July 31, 2025, starting at about 1:28 p.m., CW #2 contacted police and reported that a blue motorcycle had entered Lakeview Park from Bath Road to turn around, and a black Ford F-150 pick-up truck had attempted to ram the motorcycle.  A female [CW #1] was heard in the background of the call advising CW #2 that the driver of the truck was an undercover police officer pursuing a wanted individual.  CW #2 reported that the truck had attempted to block the motorcycle, which then fled east on Bath Road.  The truck subsequently exited the parking lot as well. 

Starting at about 1:32 p.m., a woman contacted the OPP to report that a blue motorcycle had collided with a car in the Amherstview area, on Bath Road east of Sherwood Avenue.  She noted a significant police presence at the scene and described the motorcyclist as driving erratically.  She observed low-visibility black police vehicles with lights activated approaching from behind.[3]

Starting at about 1:34 p.m., emergency medical services (EMS) dispatch contacted OPP dispatch to confirm a report of a motorcycle collision on Bath Road.  OPP dispatch advised that no collision call had been received at the time, but a civilian had reported a black Ford F-150 attempting to intercept a blue motorcycle in a park, with mention of an undercover officer pursuing a wanted individual.  EMS dispatch reported that the motorcycle had been driving erratically before colliding with another vehicle at Bath Road and Westfield Drive.  EMS also confirmed that officers were on scene providing first-aid to the motorcyclist.  During the call, OPP dispatch advised that a related call had just been logged and officers were enroute.

Starting at about 2:49 p.m., a sergeant from the OPP Provincial Communications Centre (PCC) spoke with the sergeant on scene to clarify the circumstances of the incident.  The sergeant on scene advised that members of the ROPE team had been positioned about two kilometres from the collision, conducting surveillance in a park near a chip truck.  The motorcycle entered the park, made a U-turn, and departed at high speed.  ROPE officers did not engage or pursue; they observed the departure and later followed at the posted speed.  A short time afterward, the motorcycle was involved in a collision.  No emergency lights were activated, and no pursuit had occurred.  The sergeant on scene indicated that the subject might not have known officers were present.  The PCC sergeant noted the road closure and requested that a traffic sergeant oversee the investigation to ensure all aspects were covered.  The sergeant on scene reported the motorcyclist had sustained a broken arm, a laceration, and multiple abrasions, and was being transported to KGH by EMS.  Four to five ROPE members were involved.

The PCC sergeant later briefed the sergeant from Traffic Services and discussed the possibility that the subject had identified the officers, referencing information that he had attempted to hand a bag to a civilian.  The PCC sergeant emphasized the importance of confirming all details and ensuring officer actions were properly documented.  The OPP SIU Liaison was to be notified.

Video Footage - Retail Store - 4507 Bath Road

On July 31, 2025, at 1:27:01 p.m., the Complainant, operating a motorcycle, entered the camera’s view travelling eastbound on Bath Road at a high rate of speed.  The motorcycle exited the camera’s view approximately two seconds later.

At 1:27:14 p.m., a black undercover police vehicle, believed to be driven by WO #2, appeared in the camera’s view travelling eastbound in the eastbound lane of Bath Road at or near the posted speed limit of 60 km/h.  The vehicle exited the camera’s view approximately three seconds later.

At 1:27:42 p.m., a black Ford F-150 [believed to be driven by the SO] entered the camera’s view travelling eastbound on Bath Road.  The vehicle exited the camera’s view approximately three seconds later.

Video Footage - Gas Station – 4495 Bath Road

There was no date or time-stamp on the recordings. 

At the six-second mark, the Complainant’s motorcycle entered the camera’s view travelling eastbound in the westbound lane of Bath Road at a high rate of speed.  About two seconds later, the motorcycle collided with the rear of a Chrysler 300 turning left from Bath Road.  The Complainant was propelled over the vehicle and landed on the pavement near the north curb, northeast of the vehicle.  He was subsequently observed in a seated position on the roadway.  No vehicles, police or otherwise, were seen pursuing the Complainant.

At the 27-second mark, WO #2’s black undercover police vehicle entered the camera’s view.  About 15 seconds later, WO #2 was observed stopping her vehicle, facing north, on the east side of the collision scene to block westbound traffic on Bath Road. 

At the 51-second mark, the remaining members of the ROPE squad arrived at the collision scene and parked their vehicles facing east in the westbound lane of Bath Road.

OPP In-car Camera (ICC) Footage - OPP Officer

On July 31, 2025, at 1:39:36 p.m., an OPP officer was en route to the scene with emergency lights and sirens activated.

At 1:48:13 p.m., the officer arrived and established traffic control at the intersection of Bath Road and Sherwood Avenue.

At 1:48:45 p.m., the SO approached the passenger side window of the OPP officer’s SUV, and a brief exchange occurred.  The SO inquired whether the OPP officer was familiar with the Complainant.  The OPP officer replied that he was not, noting his home detachment was Napanee.  The SO clarified that officers had not been pursuing the Complainant but were attempting to locate him.  He further stated that the Complainant had sustained significant injuries and was being transported to KGH, though he remained coherent and communicative.  The officers then discussed closing Bath Road.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP between August 18, 2025, and September 2, 2025:

• General Occurrence and Supplementary Reports

• Computer-aided Dispatch Report
• Communications recordings
• Collision Report, Reconstructionist Report, and Investigative Data File
• ROPE assignments
• Involved Officers List
• Four civilian witness statements
• Notes – WO #2, WO #3, WO #1 and WO #4
• Scene photographs
• Video footage from gas station
• ICC footage

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources between August 17, 2025, and September 2, 2025:

• Civilian witness scene photographs
• The Complainant’s medical records from KGH
• Video footage from gas station
• Video footage from retail store 

 

The evidence collected by the SIU, including interviews with the Complainant and other police and non-police 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 afternoon of July 31, 2025, an OPP ROPE squad was on the lookout for the Complainant.  The Complainant was subject to arrest warrants for several offences, including uttering threats and prohibited operation of a motor vehicle.  The team, driving unmarked vehicles in plainclothes, had tracked the Complainant to the parking lot of Lakeview Park.  He was operating a blue motorcycle.

The Complainant pulled up to a food truck to order lunch when a black pick-up truck came to a stop in front of him.  The Complainant accelerated around the pick-up truck and exited onto the eastbound lane of Bath Road.  He continued eastbound at speed, entering onto the westbound lane to overtake slower traffic.  Approaching the intersection of Westfield Drive, about 1.2 kilometres from where he exited the park, the Complainant struck the rear of an eastbound vehicle turning left at the intersection.  He was propelled off the motorcycle and came to rest in a ditch east of the collision scene.

The SO was driving the black pick-up truck.  As the motorcycle fled past him, the officer turned his vehicle around in the parking lot, spoke briefly to a woman by the food truck, and exited the parking lot eastbound on Bath Road.

WO #2, also of the ROPE squad, was the first officer to arrive at the site of the collision, about 20 seconds after it happened.  The SO arrived on scene about 24 seconds later.

The Complainant was transported to hospital with serious injuries, including multiple fractures and lacerations.  The motorist operating the vehicle turning left was not seriously injured.

 

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

(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 in Amherstview on July 31, 2025.  As OPP officers had attempted to apprehend the Complainant moments prior to the crash, 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 Complainant’s injuries.

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 within his rights in attempting to stop and apprehend the Complainant.  He was a member of the OPP ROPE squad engaged in a lawful surveillance operation targeting the Complainant for arrest.

It is also apparent that the SO comported himself with due care and regard for public safety through his brief engagement with the Complainant.  The officer did not accelerate after the Complainant when he fled from the parking lot of Lakeview Park.  That was a wise and prudent decision considering the Complainant was operating a motorcycle and driving recklessly on Bath Road.  In fact, he and the other officers were well back of the Complainant when he crashed into the back of a left-turning vehicle.  On this record, while the SO’s presence at the parking lot might have been the impetus for the Complainant’s flight on Bath Road, his conduct did not contribute to the collision in any manner that could attract criminal liability.

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

Date:   December 4, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit