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News Release

SIU Concludes Toronto Vehicle Injury Investigation

Case Number: 12-TVI-175

Mississauga (20 July, 2012) ---

The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge a Toronto Police Service (TPS) officer with any criminal offence in relation to the injuries sustained by 22-year-old Michael Andrade of Ajax.

The SIU assigned three investigators, three forensic investigators and one collision reconstructionist to probe the circumstances of this incident.  Five witness officers and three civilian witnesses were interviewed. An examination of the in-cruiser camera video and the SIU accident reconstruction’s report provided further information in determining the material events in this investigation. The subject officer did not consent to an interview or provide a copy of her memo notes, as is her right. 

The SIU investigation found that the following events took place on Monday, June 18, 2012:
• At approximately 3:30 p.m. on that day, the subject officer was operating a marked police cruiser en route to a homicide investigation at the Sicilian Sidewalk Café on College St. Another officer was a passenger in the police cruiser.
• She activated her emergency lights and siren, and proceeded northbound on Dovercourt Rd with the intention of turning eastbound on College St.
• Due to a back-up of traffic from College St, the subject officer pulled into the southbound lane and continued to head northbound to circumvent this traffic.
• Mr. Andrade was idling in the northbound lane of traffic near Heydon Park Rd.
• He decided to turn westbound on Heydon Park Rd in an attempt to avoid traffic on Dovercourt Rd.
• As Mr. Andrade was making the left turn onto Heydon Park Rd, the subject officer’s police cruiser struck the driver’s side of his vehicle.
• Mr. Andrade was transported by ambulance to Toronto Western Hospital where he was diagnosed as sustaining a concussion and an injury to his left shoulder.
• The subject officer and the officer travelling in the same cruiser were treated for minor injuries at the same hospital and released later that day.
• According to the calculations of the SIU accident reconstructionist, the speed of the subject officer’s vehicle at the point of impact was 105 km/hr.

Director Scott said, “In my view, the subject officer was in the lawful execution of her duties as a police officer when she moved from the northbound to the southbound lanes of Dovercourt Rd with her emergency equipment activated in an attempt to circumvent the stationary traffic - she was responding to a serious incident on College St. Once the subject officer activated her emergency equipment, motorists upon the approach of that police cruiser, had a duty to immediately bring their vehicles to a standstill as close to the right hand curb as possible under the Highway Traffic Act. Accordingly, the subject officer had a reasonable expectation that the idling cars in the northbound lane would remain stationary and a further reasonable expectation that Mr. Andrade’s vehicle would not attempt a left hand turn in front of her cruiser. Finally, she was exempted from the speed limits when in the lawful execution of her duties under the Highway Traffic Act. On this analysis, the subject officer cannot be held criminally responsible for this unfortunate motor vehicle collision in these circumstances.”

The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must

  • consider whether an officer has committed a criminal offence  in connection with the incident under investigation
  • depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
  • report the results of any investigations to the Attorney General. 

Jasbir Dhillon, jasbir.dhillon@ontario.ca
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342