SIU Concludes Investigation into Motor Vehicle Collision Involving Toronto Police
Case Number: 08-TVI-228
SIU Director Ian Scott concluded: "At the point when the vehicle struck the garage, the subject officer was not in pursuit and, accordingly, there was no causal relationship between the injuries suffered by the complainant and his passenger, and the actions of the subject officer."
On Saturday October 25, 2008 at approximately 12:40 a.m., two Toronto Police officers were driving on Yonge Street north of Finch Avenue responding to a weapons call. The emergency equipment on their marked cruiser was activated when the officers encountered a BMW that did not yield. When the vehicle stopped for a red light, one of the officers opened his window to speak with the driver, who ignored the officer and sped west on Hendon Avenue at speeds of approximately 70 to 80 km/h.
The officers initiated a pursuit but, given the wet weather and risks to their safety and to the public, it was quickly abandoned by the officers. They turned off the cruiser's emergency equipment and followed at the speed limit, while reporting the vehicle's description to other police officers in the area. When the officers approached Grantbrook Street about one-and-a-half kilometres away, they found that the BMW had gone out of control and into the garage of a home. The 38-year-old male driver and his 20-year-old female passenger were treated for serious fractures.
During the course of their investigations, SIU investigators reviewed security video from a commercial building at Yonge Street and Hendon Avenue, which captured both the police cruiser and the BMW. Seven police officers and three civilian witnesses were interviewed. The SIU also reviewed materials from the Toronto Police Service including communications tapes and data from the automated vehicle locater inside the police cruiser.
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.