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News Release

Acting SIU Director Determines No Grounds for Dangerous Driving Charge in Mono Motorcycle Crash

Case Number: 15-PVI-160

Mississauga, ON (29 September, 2016) ---
The Acting Director of the Special Investigations Unit has determined that there are no grounds for criminal charges against an Ontario Provincial Police officer involved in a collision with a motorcycle.  

Three investigators, two forensic investigators, and one collision reconstructionist were assigned to this incident.

The complainant, seven civilian witnesses, and two witness officers were interviewed.  The subject officer did not participate in an SIU interview, as is his legal right.  The officer did provide the SIU with a copy of his duty notes.

The SIU investigation also included detailed collision reconstruction.
 
The SIU investigation found the following:
  • On July 22, 2015, Ontario Provincial Police officers were assisting Ministry of Transportation workers with the clean-up of debris in the northbound lanes of Highway 10, north of 25 Sideroad in Mono Township.  OPP officers were controlling traffic in the area.
  • The subject officer, who was driving a marked police cruiser, was tasked with escorting northbound traffic through the debris while the workers cleared the road.
  • Just after 5:00 p.m., the subject officer had finished escorting some vehicles through the debris when he proceeded south on the highway to just before the intersection of 25 Sideroad and parked on the west side of the southbound lanes, straddling the curb lane and the shoulder of the highway.
  • Mr. Brian Henderson was driving southbound on Highway 10 on his motorcycle.
  • He slowed as he approached the cruiser and was within 20 metres of it when the officer made a U-turn from the southbound curb lane to the northbound side of the road. 
  • Mr. Henderson applied his brakes and his motorcycle went into a skid and ended up on its side, sliding towards and then striking the front left side of the police cruiser.
  • Mr. Henderson was hurled from his motorcycle and landed on the roadway. He was transported to hospital and later underwent surgery for spinal injuries.      
  
Acting Director Martino said, “There are no reasonable grounds to charge the subject officer with the offence of dangerous driving under section 249 of the Criminal Code.  The officer made an abrupt U-turn and cut in front of Mr. Henderson suddenly and unexpectedly.  That said, the evidence falls short of indicating anything more than momentary inattentiveness on the officer’s part. That is not sufficient to satisfy the criminal fault requirement for dangerous driving of a marked departure from the objective norm.  As such, no charges will issue.” 

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. 

Lisez ce communiqué en français.

Jason Gennaro, jason.gennaro@ontario.ca
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-641-1897 or/ou 1-800-787-8529 extension 1897