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 58-year-old man (the “Complainant”).

Notification of the SIU[1]

On September 6, 2025, at 4:18 a.m., the Ontario Provincial Police (OPP) contacted the SIU with the following information.

On September 5, 2025, the Subject Official (SO) was on patrol looking for a pedestrian reportedly on a highway. At around 9:37 p.m., the SO was on Highway 58A, just west of Reaker Road, Welland, when his police vehicle was involved in a motor vehicle collision with a motorcycle. The motorcyclist, the Complainant, was taken to the Niagara Health System - Welland Site and subsequently transferred to the Hamilton Health Sciences - Hamilton General Hospital (HHS-HGH). He was diagnosed with a cracked pelvis, three broken ribs, a separated shoulder, and a split lip.

The Team

Date and time team dispatched: 2025/09/06 at 4:32 a.m.

Date and time SIU arrived on scene: 2025/09/06 at 6:05 a.m.

Number of SIU Investigators assigned: 3

Number of SIU Forensic Investigators assigned: 2

Number of SIU Collision Reconstructionists assigned: 1

Affected Person (aka “Complainant”):

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

The Complainant was interviewed on September 8, 2025.

Subject Official (SO)

SO Declined interview, as is the subject official’s legal right; notes received and reviewed

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Not interviewed; notes reviewed and interview deemed unnecessary

WO #3 Not interviewed; notes reviewed and interview deemed unnecessary

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

WO #5 Not interviewed; notes reviewed and interview deemed unnecessary

WO #6 Not interviewed; notes reviewed and interview deemed unnecessary

WO #7 Not interviewed; notes reviewed and interview deemed unnecessary

WO #8 Not interviewed; notes reviewed and interview deemed unnecessary

The witness official was interviewed on September 15, 2025.

The Scene

The events in question transpired on and around Highway 58A, in the area of the roadway’s intersection with Reaker Road, Welland.

Scene Diagram

Physical Evidence

On September 6, 2025, at 6:25 a.m., SIU forensic services arrived on Reaker Road, just north of Highway 58A. The OPP liaison officer and Collision Reconstruction Unit (CRU), WO #4, conducted a briefing. It was agreed that the OPP would download the Crash Data Recorder (CDR) module of the involved OPP police vehicle.

The weather was overcast and cool, and the roads were dry. Highway 58A was oriented in an east / west direction. The highway commenced at Reaker Road and ran in a westerly direction. The continuation of Highway 58A in an easterly direction from Reaker Road was Townline Road or Niagara Regional Road 525. The roadway was paved with one eastbound lane and one westbound lane. There was one left turn lane as one proceeded eastbound on Highway 58A to Reaker Road. As one travelled west on Townline Road, there was one right turn lane onto Reaker Road. There were paved shoulders on either edge of the roadway. There was a guardrail on the south edge of the roadway. Painted traffic lines were present, and the posted speed limit was 80 km/h. Reaker Road travelled north from Highway 58A. There was one northbound and one southbound lane. There was a left turn lane, which proceeded southbound to turn left onto Townline Road. There was a stop sign, which regulated southbound traffic at the intersection. There were paved shoulders on either edge of the roadway. Traffic lines were present. Both roadways were in a good state of repair. There was one overhead streetlight in the northeast corner of the intersection. WO #4 advised the light was on during his attendance.

CRU police officers had placed traffic cones on a visible brake line prior to the attendance of SIU forensic services.

Two vehicles were located within the scene.

The first vehicle was an OPP police vehicle – a black, 4-door 2021 Dodge Charger. The police vehicle displayed subdued markings and had emergency lighting inside the vehicle. The driver’s seatbelt assembly was extended with the buckle hanging outside the door. The driver’s side airbags had both deployed. The vehicle had extensive collision damage commencing at the back edge of the driver’s door and concluding at the left rear fender. The vehicle’s left side mirror was equipped with a convex mirror. The vehicle was oriented in a northwest direction across the northbound lane of Reaker Road, just north of Highway 58A. The vehicle odometer registered 214,028 kms. The vehicle’s lights, turn signals, brake lights and horn were checked and found to function as designed. The emergency lighting was checked and, except for the left side rear window light, functioned as designed. The left rear window light above the collision damage did not function. The siren was checked and found to function as designed. The police vehicle was equipped with an Axon in-car camera. There was a dash mount radar on the left front dash of the police vehicle. The police vehicle’s Mobile Data Terminal (MDT) tablet was not present.

The second vehicle was a 2021 Harley Davidson motorcycle, which was equipped with a front fairing and windscreen with dual saddlebags. To the front of the motorcycle was a centre headlight with road lights on either side. The right-side road light was damaged from the collision. The motorcycle had two turn signal lights, and the right turn signal light was damaged in the collision. The motorcycle was oriented in a northeast direction on the eastbound lane of Highway 58A, within the intersection. A solid brake line, 17.4 metres in length, commenced west of the motorcycle. The brake line was just to the right of the centre line marking of the eastbound lane, which separated the left turn lane. The solid brake mark continued in an easterly direction. Nearing the conclusion of the mark was a slight jog to the right in the line to the final resting location of the motorcycle. The vehicle sustained collision damage to the front end.

A video was recorded of the rear lighting of both equipped and emergency lighting of the OPP cruiser to assist with visualization purposes. A video was taken of the front lighting of the 2021 Harley Davidson motorcycle. The front headlight low and high beams both worked as designed. The road lights did not function, and the right one was damaged in the collision. The front turn signals functioned as parking lights when not working as turn signals. The right assembly was damaged from the collision.

CRU WO #3 attended and successfully downloaded the CDR module of the police vehicle. One event had registered. The Harley Davidson motorcycle was not equipped to be downloaded.

Total Station equipment was used to produce a scene drawing. The scene was photographed.

Video/Audio/Photographic Evidence[2]

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

On September 5, 2025, starting at about 9:32:39 p.m., the OPP cruiser was captured travelling eastbound on a rural highway - Highway 58A. Highway 58A was a two-lane roadway with one lane each for eastbound and westbound traffic.

Starting at about 9:33:00 p.m., the police vehicle moved partially onto the right shoulder of Highway 58A, at Reaker Road. There was a left turn lane for Reaker Road. The police vehicle travelled halfway onto the right shoulder near the end of the left turn lane.

Starting at about 9:33:07 p.m., the OPP cruiser began to make a left turn across Highway 58A. The front end of the OPP cruiser crossed the centre line of the highway.

Starting at about 9:33:08 p.m., the audio-track of the footage kicked-in and a collision occurred. The police vehicle stopped facing Reaker Road.

Starting at about 9:33:10 p.m., the SO said, “Oh, fuck.”

Starting at about 9:33:17 p.m., the SO identified himself and broadcast that he was involved in a collision. The SO said, “Just got hit broadside, 58A and Reaker Road.” The SO asked if WO #1 acknowledged, and WO #1 advised he did. The SO responded, “I don’t know what hit me on the driver’s side, at the rear door, I’m 10-4 just advising.”

Starting at about 9:33:56 p.m., the SO exited his police vehicle.

Starting at about 9:34:15 p.m., the SO said, “Holy fuck, are you alright.”

Starting at about 9:34:33 p.m., the SO broadcast, “[SO’s cruiser call sign] I got hit by an MC, he’s down, notify [Emergency Medical Services] EMS, rush.”

Starting at about 9:35:34 p.m., WO #1 in an OPP cruiser arrived on scene from Reaker Road. A dark sedan was stopped on Highway 58A facing eastbound, just west of where the SO’s police vehicle was stopped. A motorcycle lay on the roadway facing southwards. The SO provided the dispatcher the plate number of the motorcycle, and the name of the driver [now known to be the Complainant].

Starting at about 9:48:40 p.m., the paramedics loaded a stretcher onto the ambulance.

CDR Data – The SO’s Cruiser

Five seconds pre-impact, the cruiser travelled at 42 km/h.

Four seconds pre-impact, the cruiser travelled at 36 km/h.

Three seconds pre-impact, the cruiser travelled at 31 km/h.

Two seconds pre-impact, the cruiser travelled at 25 km/h.

One second pre-impact, the cruiser travelled at 17 km/h.

At impact, the cruiser travelled at 15 km/h.

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

On September 5, 2025, at 9:32:53 p.m., the cruiser was eastbound on Highway 58A at 98 km/h.

At 9:32:53 p.m., the cruiser was eastbound on Highway 58A at 92 km/h.

At 9:32:59 p.m., the cruiser was eastbound on Highway 58A at 84 km/h.

At 9:33:08 p.m., the cruiser was eastbound on Highway 58A at 35 km/h.

At 9:33:14 p.m., the cruiser was northbound on Highway 58A / Reaker Road at 9 km/h.

At 9:33:20 p.m., the cruiser was stopped facing northwest on Highway 58A / Reaker Road.

OPP Communications Recordings

On September 5, 2025, at 9:08 p.m., the SO was dispatched to eastbound Highway 58A, towards the tunnel in Welland, in connection with a man reportedly walking in traffic.

At 9:24 p.m., the SO broadcast that he was on scene and had not found the man. Further information was received that a man had been lying down; however, EMS reported the man was now up on his feet. A witness reported that the man might have run across the railway tracks. EMS, Welland Fire Service and the SO would keep searching for the unknown man.

At 9:37 p.m., the SO broadcast that he had been involved in a collision. He had been struck by a motorcycle. The SO advised the rider was conscious. A request was made for EMS.

At 9:39 p.m., the OPP received a call from the Niagara Regional Police Service confirming that an OPP officer had been involved in a collision.

At 9:40 p.m., the WO was on scene. The SO broadcast he was not injured and the damage to his police vehicle was located at that rear driver’s door.

At 9:41 p.m., EMS were on scene.

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the OPP between September 8, 2025, and October 27, 2025:

• CDR data – the SO’s cruiser
• Computer-assisted Dispatch Reports
• Communications recordings
• GPS data – the SO cruiser
• ICC footage – the SO cruiser
• Motor Vehicle Collision Report
• Notes – WO #2, WO #7, WO #1, WO #3, WO #4, WO #6, WO #5, WO #8 and the SO
• OPP Media Release
• Occurrence Summary Brief
• Police policy - Operation of Police Vehicles
• Training records – the SO
• Vehicle Examination Field Notes – the SO’s cruiser

Materials Obtained from Other Sources

The SIU obtained the following records from the following other sources on September 12, 2025:

• The Complainant’s medical records from HHS-HGH
• Ambulance Call Report from Niagara EMS

The evidence collected by the SIU, including an interview with the Complainant 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. He did authorize the release of his notes.

In the evening of September 5, 2025, the SO was on duty in Welland operating a Dodge Charger. A call had come in regarding a male walking into traffic on Highway 58A, and the officer was patrolling the highway on the lookout for the pedestrian. The SO was eastbound on Highway 58A in the area of Reaker Road when he decided to reverse course to continue his search westbound. Pulling his vehicle partially onto the shoulder of the eastbound lane, the SO initiated a U-turn. The front of his cruiser had just cleared the centre of the highway when the driver side of the vehicle was struck by a motorcycle.

The Complainant was operating the motorcycle. He was several car lengths behind the cruiser when it pulled out in front of him. Unable to bring his motorcycle to a stop in time, the Complainant struck the cruiser. The impact propelled him off his motorcycle east of the cruiser.

The SO broadcast what had occurred, exited his cruiser and went to check on the Complainant.

Paramedics arrived on scene and transported the Complainant to hospital. He had sustained fractures of the ribs, spine and pelvis bone.

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 with an OPP cruiser on September 5, 2025. The SIU was notified of the incident and initiated an investigation, naming the SO 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 lawful discharge of his duties at the time, searching for a male reportedly creating a danger to himself and others on Highway 58A.

The evidence indicates that the SO did not exercise sufficient care when he embarked on his U-turn. The Complainant was operating his motorcycle at reasonable speeds and a safe distance from the cruiser. His headlights were activated. He was there to be seen had the SO conducted a thorough check of his surroundings before attempting the U-turn. Moreover, the officer failed to give the Complainant notice of what he was planning to do by not activating his left turn signal. Notwithstanding these indiscretions, I am unable to reasonably conclude that the officer’s conduct transgressed the limits of care prescribed by the criminal law. The SO’s speeds prior to the U-turn were in the neighbourhood of the posted 80 km/h speed limit. And there is no indication of any other dangerous driving behaviour by the officer in the time leading to the collision. On this record, I am satisfied that the SO’s shortcomings are fairly characterized as the type of momentary lapse in attention that will rarely amount to a marked departure from the reasonable standard of care.

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

Date: January 2, 2026

Electronically approved by

Joseph Martino

Director

Special Investigations Unit