SIU Concludes Investigation into Collision near Morrisburg
Case Number: 09-PVI-196
Other News Releases Related to Case 09-PVI-196
The SIU assigned three investigators and two forensic investigators to probe the circumstances surrounding this incident that occurred near Morrisburg.
The SIU investigation determined that on August 6, 2009, the subject officer was operating radar for west bound traffic on Highway 401. At approximately 2:30 a.m., the officer clocked a vehicle traveling at 142 km/hr. The officer pursued the car with his emergency equipment activated. During the pursuit, the driver of the vehicle increased his speed to 200 km/hr, and exited the highway at a gas station ramp. The driver then struck a cement barrier on the right side of the ramp, causing one of his passengers, Jennifer Cianflone, to suffer multiple fractures.
Director Ian Scott said, "The subject officer had the lawful authority to stop the vehicle under s. 216 of the Highway Traffic Act. He also had the lawful authority to enter into a pursuit under s. 3 of the Suspect Apprehension Pursuit regulations under the Police Services Act. While the pursuit may have begun for the purpose of identification of the pursued vehicle, the increased speed meant the subject officer could have formed reasonable grounds to believe the driver was committing the Criminal Code offence of dangerous driving: R. v. Richards (2003), O.A.C. 339. In addition, there is no suggestion that the subject officer came into contact with the pursued vehicle."
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.